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HomeMy WebLinkAbout03-01-22 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Via WebEx Video Conference B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.FYI E.Commission Disclosures F.Consent F.1 Accounts Payable Claims Review and Approval (Stewart) F.2 Authorize the Mayor to Sign a Findings of Fact for the North Montana Avenue Minor THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, March 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=e575a4aff1828d4a11b053bf43bfda71a 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 751 5840 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 Subdivision Preliminary Plat, Application 21224(Miller) F.3 Authorize the Honorable J. Colleen Herrington to Sign a Contract with Alpenglow Clinic(Renee Boundy) F.4 Final Adoption of the Canyon Gate Annexation Agreement to Annex Approximately 25.4 Acres Located Northeast of the Intersection of Story Mill Road and Bridger Drive and Implementing Covenant, Application 21337(Saunders) F.5 Authorize the City Manager to Sign a Temporary Storm Water Facility Easement with Bon Ton Inc. for the Allison Subdivision Phase 4A Final Plat (21022)(Nielsen) F.6 Authorize the City Manager to Sign a Release and Reconveyance of Easements and Storm Drain Pipeline and Access Easement and Agreement with VC Development, LLC for the Catron Crossing Subdivision Project (21333)(Shultz) F.7 Authorize the City Manager to Sign a Drainage Easement, Public Access and Sewer Pipeline and Drainage Easement, Public Street and Utility Easement, Utility Easements with Montana State University Innovation Campus for the Industry Bozeman Site Plan (21304)(Paz-Solis) F.8 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Fallon First, LLC for the Fallon Condos (21175)(Schultz) F.9 Memorandum of Agreement with the Montana Department of Transportation (MDT) for Maintenance Responsibilities for the Bozeman Public Safety Center in the Rouse Avenue Right-of-Way(Winn) F.10 Authorize the City Manager to Sign a Professional Services Agreement with The Equity Project for Training Services(Mileur ) F.11 Authorize the City Manager to Sign a Professional Services Agreement with Pintler Billing Services for Third Party Billing for Emergency Medical Services (EMS) Transport(Waldo ) F.12 Authorize City Manager to Sign a Professional Service Agreement with Mesa Commercial Service for Bozeman Public Safety Center Move Services(Ziegler) F.13 Authorize the City Manager to Sign a First Amendment to the Professional Services Agreement with Stay Green Sprinklers Inc. for Irrigation Maintenance Services in the Parks and Trails District(Kline ) F.14 Authorize the City Manager to Sign a Third Amendment with Sanderson Stewart for the Story Mill Road Reconstruction from Bridger to Griffin and Bridger/Story Mill Intersection Improvements Project(Murray) F.15 Resolution 5335, Providing for the Annexation of Certain Contiguous Tracts of Land to the Corporate Limits of the City of Bozeman and the Extension of the Boundaries of the City of Bozeman so as to Include said Contiguous Tracts, Known as the 1919 Bridger Drive Annexation, and Authorize the City Manager to Sign the Annexation Agreement and Associated Easements, Application 21123(Rogers) 2 F.16 Resolution 5385, Authorizing Prime Change Order 16 with Langlas and Associates for Construction of the Bozeman Public Safety Center(Winn) F.17 Ordinance 2090, Provisional Adoption of the 1919 Bridger Drive Zone Map Amendment, Addressed at 1919 Bridger Drive, North of Bridger Drive and East of Story Mill Drive, for 0.5557 Acres to be Given Initial Zoning of R-2, Residential Moderate Density District, Application 21123(Rogers) F.18 Ordinance 2097, Final Adoption to Rezone 1.25 Acres from M-1, Light Industrial, to B-2M, Community Business District-Mixed, Application 21319, Property Located on the South Corner of E Avocado Street and Plum Avenue(Hyde) F.19 Ordinance 2099, Final Adoption of Canyon Gate Annexation Zone Map Amendment, Establishing Zoning Districts of Residential Emphasis Mixed Use, Community Business District - Mixed, Residential Mixed-Use High Density, and Residential Medium Density District on Approximately 25.4 Acres Located Northeast of the Intersection of Story Mill Road and Bridger Drive, Application 21-337(Saunders) G.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. H.Action Items H.1 Modification to the Subsequent Minor Preliminary Plat of the Eastlake Professional Center Subdivision to Divide a 7.65 Acre Parcel into Four Commercial Lots Zoned B-2M, Community Business District-Mixed(Montana) H.2 Review of Application No. 21419, A Preliminary Plat of the Block 1, Lot 1 of the Parklands at the Village Downtown Major Subdivision to Create 8 single household residential lots on 1.201 acres on subject property zoned R-4, Residential High-Density District(Lyon) I.Work Session I.1 Community Housing Unified Development Code Incentives for Affordability (Fine) J.FYI / Discussion K.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. 3 In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 4 Memorandum REPORT TO:City Commission FROM:Levi Stewart, Short-Term Finance Worker (Accounts Payable) Aaron Funk, Controller SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission approves payment of the claims. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Section 7-6-4301 MCA states that claims should not be paid by the City until they have been first presented to the City Commission. Claims presented to the City Commission have been reviewed by the Finance Department to ensure that all proper supporting documentation has been submitted, all required departmental authorized signatures are present indicating that the goods or services have been received and that the expenditure is within budget, and that the account coding is correct. UNRESOLVED ISSUES:Please authorize the checks dated 2/23/22. These were not presented to the board prior to mailing, as there was no meeting on 2/22/22. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at http://www.bozeman.net/government/finance/purchasing. Individual claims in excess of $100,000: to be announced in weekly e-mail from Accounts Payable clerks Nadine Waters and Levi Stewart. Report compiled on: February 18, 2022 5 Memorandum REPORT TO:City Commission FROM:Jacob Miller, Associate Planner Chris Saunders, Community Development Manager Anna Bentley, Interim Community Development Director SUBJECT:Authorize the Mayor to Sign a Findings of Fact for the North Montana Avenue Minor Subdivision Preliminary Plat, Application 21224 MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Authorize the Mayor to sign a findings of fact for the North Montana Avenue Minor Subdivision Preliminary Plat, Application 21224. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Department of Community Development received a Preliminary Plat Application on August, 18, 2021 requesting a subsequent minor subdivision of one lot of 9,755.97 square feet into two lots for the purpose of building a two-unit townhouse building. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified in the Staff Report. FISCAL EFFECTS:None identified at this time. Attachments: 21224 N. Montana Ave. Minor Sub PP FOF.pdf Preliminary Plat - Exhibit 1.pdf Report compiled on: February 9, 2022 6 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 1 of 18 Bozeman City Commission Findings of Fact and Order for the N. Montana Ave. Minor Subdivision Preliminary Plat, 21224 Public Hearing Date: City Commission meeting was held on Tuesday January 25, 2022 at 6:00 pm. Link: https://bozeman.granicus.com/player/clip/228?view_id=1&redirect=true Project Description: A subsequent minor preliminary plat application to allow the subdivision of a 9,755.97 square foot lot to be subdivided into two lots. Project Location: The property is legally described as Lot 4B of Amended Plat of a Portion of Lot 4 of Beall’s First Addition, Bozeman, Montana. The property is zoned R-2, Moderate Density Residential. Recommendation: Approval with conditions and code provisions. Recommended Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21224 and move to approve the N. Montana Ave. Minor Subdivision with conditions and subject to all applicable code provisions.” Report Date: January 12, 2022 Staff Contact: Jacob Miller, Associate Planner Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Application on August, 18, 2021 requesting a subsequent minor subdivision of one lot of 9,755.97 square feet into two lots for the purpose of building a two-unit townhouse building. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. State statute requires a public hearing before a City Commission decision. On December 2, 2021 the Development Review Committee (DRC) found the application adequate for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. The City did not receive any written public comment on the application as of the writing of this 7 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 2 of 18 report. The final decision for a subsequent minor subdivision preliminary plat must be made within 60 working days of the date it was deemed adequate; in this case by February 23, 2022. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 8 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 3 of 18 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues. .............................................................................................................. 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 – MAP SERIES .......................................................................................................... 4 SECTION 2 – REQUESTED VARIANCES ................................................................................. 7 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7 SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 7 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 10 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 10 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. .................... 10 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 12 Preliminary Plat Supplements ........................................................................................... 13 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 17 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 17 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 17 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 18 FISCAL EFFECTS ....................................................................................................................... 18 ATTACHMENTS ......................................................................................................................... 18 9 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 4 of 18 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 10 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 5 of 18 Exhibit 2 – Community Plan 2020 Future Land Use 11 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 6 of 18 Exhibit 3 – Preliminary Plat 12 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 7 of 18 SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. City of Bozeman Resolution 5076, Policy 1 - 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) on City standard form for the following: a. Street improvements to Montana Avenue between Lamme Street to Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at Montana Avenue and Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at Montana Avenue and Lamme Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at Rouse Avenue and Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at Rouse Avenue and Lamme Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to final plat approval. 3. DSSP Section V (D) Alignment – A minimum of ten feet of horizontal separation must be maintained between water and sanitary sewer services and any gas lines, power lines, communication, lines, utility poles or other above-grade utility structures, and street lights. a. The applicant must move the water service and/or gas service to Lot 4B -1 to maintain ten feet of horizontal separation between the two services prior to approval of building permits on either lot. 13 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 8 of 18 SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.220.070. - Final plat. a. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificates. b. A letter from the city engineer certifying that the following documents have been received: i. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public improvements, including a complete grading and drainage plan. c. A conditions of approval sheet addressing the criteria listed in this section must be provided with the final plat as set forth in 24.183.1107 ARM and must: i. Be entitled "Conditions of Approval of [insert name of subdivision]" with a title block including the quarter-section, section, township, range, principal meridian, county, and, if applicable, city or town in which the subdivision is located. ii. Contain any text and/or graphic representations of requirements by the governing body for final plat approval including, but not limited to, setbacks from streams or riparian areas, floodplain boundaries, no-build areas, building envelopes, or the use of particular parcels. iii. Include a certification statement by the landowner that the text and/or graphics shown on the conditions of approval sheet(s) represent(s) requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied. iv. Include a notation stating that the information shown is current as of the date of the certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations. v. Include a notation stating that buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat, and that buyers of property are strongly encouraged to contact the local community development department and become informed of any limitations on the use of the property prior to closing. vi. List all associated recorded documents and recorded document numbers. vii. List easements, including easements for agricultural water user facilities. 2. Sec. 38.410.060. - Easements. 14 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 9 of 18 a. All dedicated public easements must be recorded the City’s standard template easement documents separate from the plat and the recorded document number must be listed on the final plat. b. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 15 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 10 of 18 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was adequate for continued review and recommended approval with conditions on December 2, 2021. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. A public hearing is required before a City Commission decision. The City Commission is scheduled for a public hearing on this minor subdivision preliminary plat on January 25, 2022 via WebEx at 6 p.m. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman City Commission public hearing was properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony 16 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 11 of 18 received on the matter, the City Commission will make the final decision on the subdivider’s request. The Department of Community Development received a preliminary plat application on July 28, 2021. The DRC reviewed the preliminary plat application and determined the submittal did not contained detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision on August 31, 2021. A revised application was received on November 24, 2021. The DRC determined the application was adequate for continued review on December 2, 2021 and recommended conditions of approval and code corrections for the staff report. The City scheduled public notice for this application for publication in the legal advertisements section of the Bozeman Daily Chronicle on Friday, December 18, 2021 for postings on Sundays, December 19 and December 26, 2021. The applicant posted public notice on the subject property on May 23, 2021. The applicant sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on December 18, 2021. No public comment had been received on this application as of the writing of this report. On January 13, 2022 staff completed and forwarded the staff report for this subsequent minor subdivision preliminary plat application with a recommendation of conditional approval for consideration by the City Commission, which is scheduled to make a final decision at its January 25, 2022 public hearing. The City Commission must make a final decision on a subsequent minor subdivision preliminary plat within 60 working days of the date the application was deemed adequate; in this case by February 23, 2022. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code requirement No. 5, requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are located within dedicated street right of ways. 17 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 12 of 18 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subdivision will not impact agriculture. The City of Bozeman Community Plan designates the subject property as Urban Neighborhood designation which allows for residential uses. The lot currently has an two-unit residential building that will be demolished so that a two-unit townhouse can be built following recordation of final plat. 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are present on the lots. No water body alterations are proposed. 3) The effect on Local services Water/Sewer – There is currently adequate water and sewer infrastructure on N. Montana Ave to serve the property. Condition of Approval #3 requires that the applicant move the northern water and/or gas service lines to create the standard 10’ of separation. Utilities – Utilities to serve the site are already in place. The applicant has provided an easement for the underground power that will serve the properties. NorthWestern energy will be providing gas and electrical services to the proposed subdivision. Streets – There is not a significant change in use or intensity and therefore will not impact the local street network. Police/Fire – The City’s Police and Fire emergency response area includes the subject property. This subdivision does not impact the City’ ability to provide emergency services to the property. Stormwater – The subsequent minor subdivision will not significantly impact stormwater infrastructure. Little to no intensity of use will be take place. Parkland – The proposed subdivision does not meet the threshold to require parkland dedication. 4) The effect on the Natural environment No significant physical or topographical features have been identified, (e.g., outcroppings, geological formations, steep slopes), on the subject property. Provisions will be made to address the control of noxious weeds and maintenance of the property and will be further addressed by 18 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 13 of 18 inclusion in the existing protective covenants and compliance with the recommended conditions of approval. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. The subdivision is zoned for residential uses and is in an existing neighborhood. 6) The effect on Public health and safety With the recommended Conditions of Approval and required plat corrections, the subdivision will not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The DRC reviewed the subsequent minor subdivision preliminary plat and determined that it is in compliance with the title. This staff report notes all other conditions deemed necessary to ensure compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3- 608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community Development reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. This report includes findings to justify the recommended site-specific Conditions of Approval for reasonable mitigation of impacts from the proposed minor subdivision. Preliminary Plat Supplements The Development Review Committee (DRC) completed a subdivision pre-application plan review on August 18, 2021 and no waivers or variances were requested. Staff offers the following summary comments on the supplemental information required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water This subdivision will not significantly impact surface water. No surface water exists in the vicinity of the site. 38.220.060.A.2 - Floodplains No mapped 100-year floodplains impact the subject property. The elevation of the site is higher than the elevation of the 0.2-percent annual chance flood. This subdivision will not be impacted by floodplains. 38.220.060.A.3 - Groundwater This subdivision is not in an area of known high groundwater and will not have any significant impacts. The proposed uses are very similar in scale and intensity as what is existing. 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. No significant geological features or slopes exist on the site. 19 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 14 of 18 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. No critical plant communities identified on site. 38.220.060.A.6 - Wildlife This subdivision will not significantly impact wildlife. The proposed subdivision does not contain any known critical, significant or key wildlife areas. 38.220.060.A.7 - Historical Features This subdivision will not significantly impact historic features. The proposed subdivision does not contain any known historic sites. 38.220.060.A.8 - Agriculture This subdivision will not impact agriculture. The City of Bozeman Community Plan designates the subject property as Urban Neighborhood designation which allows for residential uses. The lot currently has an two-unit residential building that will be demolished so that a two-unit townhouse can be built following recordation of final plat. 38.220.060.A.89 - Agricultural Water User Facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are present on the lots. No water body alterations are proposed. 38.220.060.A.10 - Water and Sewer The subdivision will not significantly impact city water and sewer infrastructure. Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. 38.220.060.A.111 - Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. 38.220.060.A.12 - Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure. The subdivision is in an existing neighborhood and will not be adding any intensity of use to the properties. 38.220.060.A.13 - Utilities This subdivision will not significantly impact existing utilities. See discussion above under primary review criteria. 38.220.060.A.14 - Educational Facilities This subdivision will not significantly impact educational facilities. The subdivision is commercial and will not impact enrollment. 20 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 15 of 18 38.220.060.A.15 - Land Use The subdivision will not significantly impact land use. The proposed subdivision will create two lots from the existing lot and will build a two-unit townhouse building. The current use is a two- unit household building. 38.220.060.A.16 - Parks and Recreation Facilities This proposed subdivision does not meet the threshold to require parkland dedication. 38.220.060.A.17 - Neighborhood Center Plan This proposed subdivision does not meet the threshold to require a neighborhood center. 38.220.060.A.18 - Lighting Plan A lighting plan was not required for this application. The subdivision is in an existing neighborhood with existing lighting. 38.220.060.A.19 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. 38.220.060.A.20 - Affordable Housing The subdivision does not require affordable housing. SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public hearing on January 25, 2022 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, clarified unresolved issues and summarized the public comment submitted to the City prior to the public hearing. D. The applicant, Gordon Carpenter, acknowledged understanding and agreement with the recommended conditions of approval and code provisions. E. The City Commission requested public comment at the public hearing on January 25, 2022 and did not receive any public comment. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section 21 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 16 of 18 Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this single phased major subdivision shall be effective for two (2) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this ______ day of ___________, 2022 BOZEMAN CITY COMMISSION ____________________________ Cindy Andrus Mayor ATTEST _______________________ Mike Maas City Clerk APPROVED AS TO FORM: 22 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 17 of 18 ___________________________ GREG SULLIVAN City Attorney APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-2, Residential Moderate Density District. The intent of the R-2 district is to provide for one and two-household development at urban densities within the city in areas that present few or no development constraints. Adopted Growth Policy Designation: The subject property is designated as Urban Neighborhood. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Diversity in housing and complementary uses such as parks, schools etc. are encouraged. This proposed subdivision is well-suited to implement the Urban Neighborhood designation. The proposed two-unit household subdivision will provide diversity of housing in an area of predominantly single-household detached dwellings. The area has been developed as a neighborhood for many years and this subdivision and subsequent development will blend in well. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the property owner, Timothy Bell, 415 N. Montana Ave., Bozeman, MT, and applicant, Gordon Carpenter, PO Box 958, Manhattan, MT 59715 for the subdivision of a 9,755.97 square foot lot into two separate lots in order to build a two-unit townhouse building. The existing two-household residential building will be demolished. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public hearing per BMC 38.220.420, The City scheduled public notice for this application on December 18, 2021 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, December 19 and Sunday, December 26, 2021. The applicant posted public notice on the subject property on December 18, 2021. The City sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on December 18, 2021. No public comment had been received on this application as of the writing of this report. 23 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 18 of 18 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Timothy Bell, 415 N. Montana Ave., Bozeman, MT Applicant: Gordon Carpenter, PO Box 958, Manhattan, MT 59715 Representative: Gordon Carpenter, PO Box 958, Manhattan, MT 59715 Report By: Jacob Miller, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #21224, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=232508&cr=1 This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-224 Public Comment: None to date 24 NORTH MONTANA A9ENUELOT 4B-1LOT 4B-2576HF.1/4CO8N7<:0FHHWD5A:N :DA7E :1 RI 16HEE7 NO.404 EDVW MDGLVRQ AYHQXHBHOJUDGH, MRQWDQD 59714PKRQH:(406)539-9086E-MAIL: GDYLGPDOEHUW@DRO.FRPDA9ID M. ALBE57PURIHVVLRQDO LDQG 6XUYH\RU2010525 Memorandum REPORT TO:City Commission FROM:Renee Boundy, Court Clerk Honorable J. Colleen Herrington, Municipal Judge Honorable Karl Seel, Municipal Judge SUBJECT:Authorize the Honorable J. Colleen Herrington to Sign a Contract with Alpenglow Clinic MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the Honorable J. Colleen Herrington to sign a contract with Alpenglow Clinic. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The treatment court uses a community treatment provider to do Substance Use Disorder Evaluations to determine a veteran's eligibility for the program. In addition, a representative sits on the treatment team twice per month and attends the leadership team once per month. UNRESOLVED ISSUES:None. ALTERNATIVES:We can look for another provider to provide substance abuse disorder evaluations. FISCAL EFFECTS:We included in our budget $1500.00 for program evaluations and to reimburse a treatment provider that sits on the treatment team. This is covered in part by program fees and in part by the operations budget. Attachments: Alpenglow PSA Report compiled on: February 10, 2022 26 27 28 29 30 31 32 33 34 35 36 37 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Final Adoption of the Canyon Gate Annexation Agreement to Annex Approximately 25.4 Acres Located Northeast of the Intersection of Story Mill Road and Bridger Drive and Implementing Covenant, Application 21337 MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Approve the Annexation Agreement and implementing covenant and authorize the City Manager to sign both documents. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Commission conducted a public hearing on December 21, 2021 on this application to annex property. The public hearing was continued to January 11, 2022. After consideration of all matters and information presented the City Commission directed revisions to the annexation agreement prior to final adoption. The agreement has been revised in accordance with Commission direction and a covenant to implement the revisions has been crafted. Both documents are now presented for final action by the City Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the City Commission. FISCAL EFFECTS:None. Attachments: Resolution 5363 Canyon Gate Annexation.pdf Canyon Gate Annexation Map 12-16-21.pdf Canyon Gate executed annexation agreement.pdf Implementing Covenant 2-17-2022.pdf Report compiled on: February 17, 2022 38 Version April 2020 RESOLUTION NO. 5363 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS THE CANYON GATE ANNEXATION, APPLICATION 21337. WHEREAS, the City of Bozeman received a petition for annexation from Canyon Gate Investors, LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 25.42 acres, located northeast of the corner of Story Mill Road and Bridger Canyon Drive; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on December 21, 2021; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on December 21, 2021; and WHEREAS, on December 21, 2021, the Commission received the executed annexation agreement addressing all recommended terms of annexation; and WHEREAS, the provision of available services, including, but not limited to, streets, rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written agreement between the City and the Landowner; and 39 Version April 2020 WHEREAS, on December 21, 2021, the Commission directed revisions to the annexation agreement prior to adoption; and WHEREAS, on March 1, 2022, a revised annexation agreement executed by the Landowner was presented to the Commission; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such approximately 25.42 acres, to wit: Legal Description A tract of land described as: Tract 7B of COS 2408, less MDT ROW as shown within Deed Document #2685083, and the Westerly 33.34 feet of Lot 45 and Lots 46 and 47 of Mount Baldy Subdivision, less MDT ROW as shown within Deed Document #2691572; and MDT ROW parcels #129, #139, #146 and a portion of #147; and a 40 Foot ROW Tract dedicated Per Osborne Subdivision Plat H-47; located within portions of the South East One Quarter of Section 31 and the South West One Quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B), which is the North West Corner of said COS No. 2408 and a point on the N/S line between Sections 31 and 32 of said Township and Range and the centerline of Story Mill Road; • thence, S 88° 15' 30" E, along the south boundary of Legends at Bridger Creek Subdivision and the north boundary of said Tract 7B, a distance of 1314.68 feet to a point being the North East corner of said Tract 7B; 40 Version April 2020 • thence, along the east line of Tract 7B, also the West line of Legends at Bridger Creek Subdivision II, Phase 1, S 00° 06' 32" W, a distance of 650.92 feet to a point on said lines; • thence, along said lines, S 01° 47' 33" W, a distance of 62.90 feet to a point being the SE corner of said Tract 7B; • thence, N 88° 19' 21" W, along the North Line of MT. Baldy Subdivision and the South line of said Tract 7B, a distance of 817.12 feet to the NE corner of the West 33.34 feet of Lot 45 of the MT. Baldy Subdivision; • thence, S 01° 44' 26" W, along the east line of said Lot, a distance of 260.01 feet to a point; • thence, N 88° 17' 19" W, a distance of 491.61 feet to a point on the line between said Sections 31 and 32 (aka the center line of Story Mill Road); • thence, N 00° 18' 18" E, along said section line (aka, centerline of said Story Mill Road) and the west line of said Tract 7B, a distance of 321.72 feet to a point; • thence, leaving said centerline and West line of said Tract 7B, N 89° 28' 21" W, a distance of 40.00 feet to a point being the SE ROW corner of Tract D of the Osborne subdivision; • thence, along said east ROW and lines of Tracts A, B, C and D of said Osborne Subdivision, N 00° 18' 18" E, a distance of 652.19 feet to a point being the NE corner of said Tract A of said subdivision and the south ROW of Boylan Road; • thence along said south ROW, N 88° 53' 53" E, a distance of 40.01 feet to the P.O.B. Said area being 1,094,594 square feet or 25.13 acres more or less, along with and subject to all easements of record. All as shown on the Canyon Gate Annexation map. Section 2 The effective date of this annexation is March 7, 2022. 41 Version April 2020 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 2022. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Engineer II Lance Lehigh, Engineer III SUBJECT:Authorize the City Manager to Sign a Temporary Storm Water Facility Easement with Bon Ton Inc. for the Allison Subdivision Phase 4A Final Plat (21022) MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a temporary storm water facility easement with Bon Ton Inc. for the Allison Subdivision Phase 4A Final Plat (21022). 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 City Commission. FISCAL EFFECTS:None. Attachments: 2022-03-01 Allison Subdivision Phase 4A Final Plat(21022) Report compiled on: February 15, 2022 70 71 72 73 74 Memorandum REPORT TO:City Commission FROM: Mikaela Shultz, Engineer I Lance Lehigh, Engineer III SUBJECT:Authorize the City Manager to Sign a Release and Reconveyance of Easements and Storm Drain Pipeline and Access Easement and Agreement with VC Development, LLC for the Catron Crossing Subdivision Project (21333) MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a release and reconveyance of easements and storm drain pipeline and access easement and agreement with VC Development LLC for the Catron Crossing Subdivision project (21333). 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: Release and Reconveyance of Easements Storm Drain Pipeline and Access Easement and Agreement Report compiled on: February 9, 2022 75 76 77 78 79 80 81 82 Memorandum REPORT TO:City Commission FROM:Alicia Paz-Solis, Engineer I Lance Lehigh, Engineer III SUBJECT:Authorize the City Manager to Sign a Drainage Easement, Public Access and Sewer Pipeline and Drainage Easement, Public Street and Utility Easement, Utility Easements with Montana State University Innovation Campus for the Industry Bozeman Site Plan (21304) MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Drainage Easement, Public Access and Sewer Pipeline and Drainage Easement, Public Street and Utility Easement, Utility Easements with Montana State University Innovation Campus for the Industry Bozeman Site Plan (21304). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Drainage Easement Public Access and Sewer Pipeline and Drainage Easement Public Street and Utility Easement Utility Easement Utility Easements Report compiled on: February 16, 2022 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 Memorandum REPORT TO:City Commission FROM:Mikaela Schultz, Engineer I Lance Lehigh, Engineer III SUBJECT:Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Fallon First, LLC for the Fallon Condos (21175) MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a conditional irrevocable offer of dedication with Fallon First, LLC for the Fallon Condos (21175). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by City Commission FISCAL EFFECTS:None. Attachments: 2022-03-01 Fallon Condos (21175) Report compiled on: February 16, 2022 106 107 108 109 Memorandum REPORT TO:City Commission FROM:Chuck Winn, Assistant City Manager SUBJECT:Memorandum of Agreement with the Montana Department of Transportation (MDT) for Maintenance Responsibilities for the Bozeman Public Safety Center in the Rouse Avenue Right-of-Way MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to sign a March 2022 memorandum of agreement with MDT for maintenance responsibilities for the Bozeman Public Safety Center in the Rouse Avenue right-of-way. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The construction of the Bozeman Public Safety Center includes the installation of sidewalks and boulevard landscaping within the state-owned Rouse Avenue right-of-way. MDT requires maintenance agreements when these types of improvements are made on their property. This agreement identifies responsibilities of both parties. The city had anticipated assuming responsibility for the landscaping and sidewalk as a part of the construction project. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:The city will pay for the maintenance of the sidewalk and landscaping as a part of the operations budget of the Bozeman Public Safety Center. These were anticipated since the initial planning and approval of the project. Attachments: BOZEMAN_SAFETY_CENTER_MOA_NO mark.docx title_vi_party.pdf Report compiled on: February 18, 2022 110 1 | P a g e CITY/STATE MEMORANDUM OF AGREEMENT Rouse Avenue/P-86 Bozeman March 2022 This Memorandum of Agreement (Agreement) is made and entered into by and between the City of Bozeman (“the City”), a self-governing municipality operating pursuant to its Charter and the laws of the State of Montana, P.O. Box 1230, Bozeman MT 59771 and the Montana Department of Transportation (“MDT”), a department of the State of Montana, P.O. Box 201001, Helena MT 59620-1001 together referred to as “the Parties”. The Purpose of this Agreement is to set forth the respective responsibilities and duties of the City and MDT associated with the installation and maintenance of landscaping and irrigation equipment within the Rouse Avenue/P-86 right-of-way (the Project), per the approved plans (Attachment B) by the City. This Agreement sets forth terms regarding the City’s maintenance responsibilities for the Project that the City must meet for MDT to provide the City the necessary Encroachment Permit to install the Project. Any Encroachment Permit granted to the City by this Agreement is explicitly subject and subordinate to the rights and title of MDT and the State of Montana; and WHEREAS, MDT is responsible for planning, designing, constructing and maintaining State Highways and roadways, and associated transportation facilities, including associated pull- offs, parking areas, and rest areas for the use and benefit of the traveling public, in a safe and efficient manner and in accordance with Title 23 United States Code (U.S.C) and Title 60 Montana Code Annotated (MCA) including Rouse Avenue/P-86, a commission- designated highway system; and WHEREAS, Rouse Avenue/P-86 is an MDT maintained/permitted route on the Primary Highway System within the State of Montana and is eligible to receive Federal Highway Funds; and WHEREAS, in accordance with the State’s agreement with the Federal Highway Administration (FHWA) of the U.S. Department of Transportation, MDT must ensure that certain requirements are met in order for MDT to fulfill its obligations to the FHWA and for Rouse Avenue/P-86 be eligible for federal funds; WHEREAS, The City has agreed to maintain, or cause to be maintained, the Project; and WHEREAS,This Agreement must be fully executed before initiation of construction of the Project within commission-designated right-of-way; and NOW, THEREFORE, The Parties set forth the fundamental duties and responsibilities necessary for the maintenance of Rouse Avenue/P-86 associated with the construction of the Project, within public right-of-way. 111 2 | P a g e ARTICLE I. GENERAL OBLIGATIONS OF MDT 1. If the City does not fulfill their maintenance requirements as stated herein, MDT may complete the required maintenance and seek compensation from the City. In doing so, MDT must first provide notice to the City allowing 60 days to complete any such maintenance. If MDT performs such maintenance under this section, it must provide detailed invoices of such costs to the City. 2. MDT may complete any maintenance required due to public emergency and seek compensation from the City for any costs incurred. In doing so, MDT may first provide notice to the City, when possible, allowing time to complete any such maintenance. If MDT performs maintenance under this section, it must provide detailed invoices of such costs to the City. ARTICLE II. OBLIGATIONS OF THE CITY: 1. The City agrees that no fixture, building, structure, or other permanent installation will be constructed or placed within Transportation Commission designated right-of-way without prior written approval from MDT. 2. The City shall complete the necessary environmental processes for modification to the state highways and roadways and demonstrate that all, if any, environmental issues associated with the proposed project have been identified and mitigated. The City agrees it will prepare and file any required environmental documents and apply for and obtain any permits required by other governmental agencies at no expense to MDT prior to maintenance taking place within Transportation Commission designated right- of-way. 3. The City agrees to be responsible for any and all damages to facilities within Transportation Commission designated right-of-way caused by the City, the City’s staff or contractors, or resulting from the City’s operations. The City must repair any and all damages, at its sole expense, after notification of damage by MDT and approval of repair work needed, method of repair, and schedule for repair. 4. If the City fails to perform or cause to be performed, the maintenance obligations as required by this agreement within 60 days of written notification from MDT, MDT may complete the required maintenance and the City shall be required to compensate MDT for its performance of said maintenance. 5. MDT may complete any maintenance required due to a public emergency without prior notice to the City. The City agrees to be responsible for and to reimburse MDT for said maintenance, including Indirect Costs. 112 3 | P a g e ARTICLE III – PROJECT-SPECIFIC FEATURES 1. Landscaping/Irrigation Equipment a. Upon Completion of the Project by the developer and its contractor, the City agrees that it is responsible, at no cost to MDT, to service, maintain and repair the landscaping and irrigation equipment installed as part of this project. b. For the purposes of this Agreement, “maintenance of landscaping and irrigation system,” is defined as: mowing, watering, debris removal, weed control, fertilizing, tree/shrub trimming including removal, replacement and maintenance of sight triangles, the repair and replacement of fences, and maintenance of all features in compliance with ADA/PROWAG. The irrigation system shall be fully operational, free of leaks, with heads selected and adjusted to reduce water waste. c. If the City is not able to complete maintenance on the landscaping and irrigation system as per this Agreement, the improvements may become the property of MDT, without reimbursement. If landscaping or irrigation become MDT property, MDT will maintain the property as it sees fit and may remove the landscaping and irrigation system without the City’s approval. MDT may seek compensation for the maintenance or removal of the landscaping and irrigation system form the City. ARTICLE III – GENERAL TERMS AND CONDITIONS 1. Term – The term of this Agreement shall be ten (10) years. After the initial ten (10) year term, this Agreement will renew automatically, for successive one (1) year terms, unless superseded by a new Agreement between the parties. 2. Termination – This Agreement may be terminated by MDT if the City has violated or breached any term, condition or article of this Agreement and the City has failed to correct the same within 60 days of receiving notice in writing addressed to the City at the addresses shown above, from MDT of such violation or breach of any term condition or article of this Agreement. If this Agreement is terminated, the improvements become the property of MDT, without reimbursement. MDT will maintain the Project as it sees fit and may remove it without City approval. MDT may seek compensation for maintenance or removal of the Project from the City. 3. Hold Harmless & Indemnification The City agrees to protect, defend, indemnify, and hold MDT, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments ( including 113 4 | P a g e the cost of defense and reasonable attorney fees) arising in favor of or asserted by the City’s employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of the City, its agents, or sub- contractors, under this Agreement, except the negligence of MDT. The State and Department of Transportation agrees to protect, defend, indemnify, and hold the City, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments ( including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the MDT’s employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of MDT, its agents, or sub-contractors, under this Agreement, except the negligence of the City. 4. Insurance 1. General Requirements: Each party shall maintain for the duration of this Agreement, at its own cost and expense, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the duties and obligations in this Agreement by each party, its agents, employees, representatives, assigns, or sub-contractors. This insurance shall cover such claims as may be caused by any negligent act or omission. 2. General Liability Insurance: Each party shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $1 million per occurrence and $2 million aggregate per year to cover such claims as may be caused by or arising out of any negligent acts or omissions in work or services performed under this Agreement, or as established by statutory tort limits as provided by a public entity self-insurance program either individually or on a pool basis as provided by Mont. Code Ann. Title 2, Chapter 9. 3. General Provisions: All insurance coverage must be with a carrier licensed to do business in the State of Montana or by a public entity self-insured program either individually or on a pool basis. Each party must notify the other immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. Each party reserves the right to request complete copies of the other party’s insurance policy or self-insured memorandum of coverage at any time. 4. Workers’ Compensation Insurance: The City must maintain workers’ compensation insurance and require its contractors and its contractor’s sub-contractors to carry their own workers compensation coverage while performing work within MDT right-of-way in accordance with Mont. Code Ann. §§39-71-401 and 39-71-405. Neither the contractor nor its employees are employees of MDT. This insurance/exemption must be valid for the entire Agreement period. 5. Public Safety If any repairs to the elements of the Project must be performed to address or prevent a public hazard, the City will immediately protect the area from public access, and make reasonable and timely effort to correct or repair the hazard. 114 5 | P a g e 6. Invoicing and Indirect Cost (IDC) If MDT incurs any costs as a result of a public emergency that necessitates action on MDT’s part concerning the maintenance or repair of the Project back to its original state, MDT shall be compensated for such costs by the City, and the City shall pay the same within thirty (30) days of its receipt of such invoices. Section 17-1-106, MCA, requires any state agency, including MDT, which receives non- general funds to identify and recover its indirect costs (IDC). These costs are in addition to direct project costs. MDT’s IDC rate is determined annually as a percentage of the project’s direct costs to cover the project’s share of MDT’s IDC as defined by 2 CFR Part 200, Appendix VII. MDT’s current IDC rate is 9.66% for fiscal year 2022 (July 1, 2021 to June 30, 2022). If the work occurs or extends into fiscal year 2023 or beyond the IDC rate will be charged at the rate agreed to by MDT and the Federal Highway Administration (FHWA). 1. Invoice will be sent to: City of Bozeman Attn: Town Clerk/Treasurer P.O. Box 1230 Bozeman, MT 59771 2. Payments shall be made to: Montana Department of Transportation Attention: Collections 2701 Prospect Avenue PO Box 201001 Helena, MT 59620-1001 7. Choice of Law and Venue This Agreement shall be governed by the laws of Montana. The parties agree that any litigation concerning this Agreement must be brought in the First Judicial District Court, in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees, except as otherwise noted in this Agreement on Indemnification. In case of conflict between the terms and conditions of this Agreement and the laws of the State of Montana, the laws of the State of Montana shall control. 8. Binding Effect – The benefits and obligations set forth in this Agreement shall be binding upon, and inure to the benefit of, their respective successors, administrators and assigns of the Parties. 115 6 | P a g e 9. Relationship of Parties – Nothing contained in this Agreement shall be deemed or construed (either by the Parties hereto or by any third party) to create the relationship of principal and agent or create any partnership joint venture or other association between the Parties. 10.Non-Discrimination – The City will require that during the performance of any work arising out of this Agreement the City, for itself, assignees, and successors shall comply with all applicable non-discrimination regulation set forth in Attachment “A” attached hereto and made part of this Agreement. 11.ADA - MDT requires that any construction or maintenance resulting from this Agreement must include appropriate pedestrian facilities that meet or exceed current MDT standards for accessibility as set forth by the United States Department of Justice 2010 ADA Standards for Accessible Design, United States Access Board Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way (2011 PROWAG), and MDT’s Detailed Drawings, 608 series. 12.Audit – The Legislative Auditor and the Legislative Fiscal Analyst may, without prior notice and during normal business hours, audit, at their own cost and expense, all records, reports, and other documents the City maintain in connection with this Agreement. 13.Access and Retention of Records – The City agrees to provide the State, Legislative Auditor, or their authorized agents access to any records necessary to determine compliance with this MOA (Mont. Code Ann. §18-1-118). The City agrees to create and retain records supporting this Agreement for a period of three years after the completion date of this Agreement or the conclusion of any claim, litigation or exception relating to the Agreement taken by the State of Montana or a third party. 14.Highway Modifications – If MDT modifies or improves the highway or roadway facilities, the City will modify, upon reasonable notice at no expense to MDT, the Project accordingly. 15.Revocation – This Agreement is revocable by MDT in the event that the Project facilities within the right-of-way cease to be used by the City for a period of one year or abandoned otherwise. Upon revocation or abandonment, the system facilities must be removed in compliance with this Agreement. 16.Utilities – The right of any private or public utility now lawfully occupying the right-of- way to operate and maintain utility facilities supersedes any right granted by this Agreement to the City. Copies of existing utility permits may be obtained from the MDT District Utility Agent. 17.Amendment and Modification – The Parties may modify or amend this Agreement only by a written Addendum signed by the Parties. In addition to the terms and conditions contained herein, the provisions of any Addendum may be incorporated and made a 116 7 | P a g e part hereof by this reference in the terms of the amendment so provided. In the event of any conflict between the terms and conditions hereof and the provision of any Addendum, the provision of the Addendum shall control, unless the provisions thereof are prohibited by law. 18.Representatives a. City’s Representative: The City’s Representative for this Agreement shall be the City Manager or designee or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, MDT may direct its communication or submission to other designated City personnel or agents. b. MDT’s Representative: The MDT Representative for this Agreement shall be the District Administrator or Maintenance Chief or such other individual as MDT shall designate in writing. Whenever direction to or communication with MDT is required by this Agreement, such direction or communication shall be directed to MDT’s Representative; provided, however, that in exigent circumstances when MDT’s Representative is not available, City may direct its direction or communication or submission to other designated MDT personnel or agents. 19.Counterpart Execution - This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by any of the parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. (Signature Pages to Follow) 117 8 | P a g e IN WITNESS WHEREOF, the Department’s authorized representative has hereunto signed on behalf of the State of Montana, and the City Manager of the City of Bozeman, on behalf of the City, has signed and affixed hereto the seal of the City. SIGNATURES: STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION By ______________________________________________Date: ___________________________ Montana Department of Transportation ________________________________ Approved for Legal Content ________________________________ Approved for Civil Rights CITY OF BOZEMAN By: _______________________________________________ Date: ____________________________ City Manager Jeff Mihelich 118 9 | P a g e ATTACHMENT A MDT Nondiscrimination and Disability Accommodation Notice 119 10 | P a g e ATTACHMENT B PLANS 120 Page 1 of 4 Rev. 01/2022 MDT NONDISCRIMINATION AND DISABILITY ACCOMMODATION NOTICE Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an environment free from discrimination, harassment, and retaliation. In accordance with State and Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter “protected classes”) by its employees or anyone with whom MDT does business: Federal protected classes State protected classes Race, color, national origin, sex, sexual orientation, gender identity, age, disability, income-level & Limited English Proficiency Race, color, national origin, parental/marital status, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, religion/creed, social origin or condition, genetic information, sex, sexual orientation, gender identification or expression, ancestry, age, disability mental or physical, political or religious affiliations or ideas, military service or veteran status, vaccination status or possession of immunity passport For the duration of this contract/agreement, the PARTY agrees as follows: (1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all Acts and Regulations of the United States and the State of Montana relative to Non- Discrimination in Federally and State-assisted programs of the U.S. Department of Transportation and the State of Montana, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. (2) Non-discrimination: a. The PARTY, with regard to the work performed by it during the contract, will not discriminate, directly or indirectly, on the grounds of any of the protected classes in the selection and retention of subcontractors, including procurements of materials and leases of equipment, employment, and all other activities being performed under this contract/agreement. b. The PARTY will provide notice to its employees and the members of the public that it serves that will include the following: i. A statement that the PARTY does not discriminate on the grounds of any protected classes. ii. A statement that the PARTY will provide employees and members of the public that it serves with reasonable accommodations for any known disability, upon request, pursuant to the Americans with Disabilities Act as Amended (ADA). iii. Contact information for the PARTY’s representative tasked with handling non- discrimination complaints and providing reasonable accommodations under the ADA. iv. Information on how to request information in alternative accessible formats. 121 Page 2 of 4 Rev. 01/2022 c. In accordance with Mont. Code Ann. § 49-3-207, the PARTY will include a provision, in all of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of merit and qualifications and that the PARTY does not discriminate on the grounds of any protected class. (3) Participation by Disadvantaged Business Enterprises (DBEs): a. If the PARTY receives federal financial assistance as part of this contract/agreement, the PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its subcontracting services. The list of all currently certified DBE firms is located on the MDT website at mdt.mt.gov/business/contracting/civil/dbe.shtml b. By signing this agreement, the PARTY assures MDT that: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. c. The PARTY must include the above assurance in each contract/agreement the PARTY enters. (4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the PARTY of the PARTY’s obligation under this contract/agreement and all Acts and Regulations of the United States and the State of Montana related to Non-Discrimination. (5) Information and Reports: The PARTY will provide all information and reports required by the Acts, Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by MDT or relevant US DOT Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the PARTY will so certify to MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has made to obtain the information. (6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non- discrimination provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the PARTY under the contract/agreement until the PARTY complies; and/or b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part. 122 Page 3 of 4 Rev. 01/2022 (7) Pertinent Non-Discrimination Authorities: During the performance of this contract/agreement, the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Federal - Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; - The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); - Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); - Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; - The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); - Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); - The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients, and contractors, whether such programs or activities are Federally funded or not); - Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; - The Federal Aviation Administration’s Non-Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); - Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; - Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 123 Page 4 of 4 Rev. 01/2022 - Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). - Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of gender identity and in hiring by federal contractors on the basis of both sexual orientation and gender identity. State - Mont. Code Ann. § 49-3-205 Governmental services; - Mont. Code Ann. § 49-3-206 Distribution of governmental funds; - Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts. (8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through seven in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The PARTY will take action with respect to any subcontract or procurement as MDT or the relevant US DOT Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request the United States to enter into the litigation to protect the interests of the United States. 124 Memorandum REPORT TO:City Commission FROM:Melody Mileur, Communications and Engagement Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with The Equity Project for Training Services MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with The Equity Project for training services. STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity through policies and public awareness. BACKGROUND:The City's Inclusive City Report calls for us to: Identify anti-discrimination, implicit bias and systemic racism training for elected officials and department heads, and Implement additional anti-discrimination training for all city staff UNRESOLVED ISSUES:None. ALTERNATIVES:Do not enter into the agreement (not recommended). FISCAL EFFECTS:This contract will be funded through a grant award by AMB West Philanthropies, which comprises the nonprofit interests of the Arthur M. Blank Family Foundation. Attachments: PSA City of Bozeman and The Equity Project including scope Report compiled on: February 7, 2022 125 Version 8 30 21 Professional Services Agreement for The Equity Project Training Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ___________, 2022 (“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, The Equity Project, LLC, “The Equity Project”, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services in the amount of $44,500. 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: 126 Version 8 30 21 Professional Services Agreement for The Equity Project Training Page 2 of 11 a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 127 Version 8 30 21 Professional Services Agreement for The Equity Project Training Page 3 of 11 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. 128 Version 8 30 21 Professional Services Agreement for The Equity Project Training Page 4 of 11 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 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. 129 Version 8 30 21 Professional Services Agreement for The Equity Project Training Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as 130 Version 8 30 21 Professional Services Agreement for The Equity Project Training Page 6 of 11 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 Melody Mileur or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or 131 Version 8 30 21 Professional Services Agreement for The Equity Project Training Page 7 of 11 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 Wylia Sims or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person 132 Version 8 30 21 Professional Services Agreement for The Equity Project Training Page 8 of 11 in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 133 Version 8 30 21 Professional Services Agreement for The Equity Project Training Page 9 of 11 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 134 Version 8 30 21 Professional Services Agreement for The Equity Project Training Page 10 of 11 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. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 135 Version 8 30 21 Professional Services Agreement for The Equity Project Training Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 136 SCOPE OF WORK FOR City of Bozeman The Scope of Work agreed upon by City of Bozeman and The Equity Project includes the following Selected Services. Foundations of Equity – Workshop Series The Equity Project believes in the power of education to spur individuals and organizations to take steps that will change systems and outcomes for those people who have been historically marginalized, disadvantaged, and inadequately resourced. Our educational workshops seek to provide participants with the terminology, concepts, and practical skills they need to bring forth equitable change, in a manner that will have lasting effects. What to Expect: • Relevant content – Workshops will include a blend of facilitated and small group discussions, with tailored examples and anecdotes relevant to your field of practice. • Proactive Engagement – We find that participants learn best when they are interacting with the presented material. That is why each objective area allows for participant interaction, personal reflection and exploration, and content discussion with peers. • Respect for your ability to process the material – The topics our workshops cover can produce discomfort, deep reflection, a personal accounting of previous actions, and/or even memories of past trauma. To ensure that participants can digest the content and not be overwhelmed by any feelings that may surface in discussing certain topics, we keep each virtual workshop to two hours in length. We also provide prompts for reflection after each session and/or “homework assignments” to ensure participants fully grasp the material. • A tailored approach – Additional content can be added and organized, based on feedback from your team, and our skilled facilitators are able to cover current events related to equity, diversity, and inclusion, as well as pivot based on what participants share during the workshops. Workshop #1 – Foundations of Equity, Diversity, and Inclusion Course Description: The national (re-)awakening around race that took place in 2020 catalyzed many individuals and organizations to seek ways to demonstrate their commitment to equity, diversity, and inclusion (EDI). Many people are taking that enthusiasm into their workplaces, hoping to infuse their companies and organizations with equitable modes of operation. To do this effectively, education must precede taking 137 The Equity Project, LLC Page 2 action, since many individuals are not comfortable, or do not yet know how to have conversations about equity at work, which are necessary to interrogate current policies and procedures. Foundations of Equity, Diversity, and Inclusion aims to provide everyone – regardless of their starting point on their equity journey – with a baseline understanding of basic concepts of EDI so that city employees and leaders can begin to build consensus around how to move their equitable goals forward. Participant Objectives: By the end of this workshop, participants will be able to define and meaningfully discuss various concepts, including the terms: equity, diversity, inclusion, equality, and fairness. They will also obtain an understanding of bias and the Continuum of Equity and be able to connect the City of Bozeman’s mission to EDI objectives. Workshop Agenda: • Welcome & introductions • Taking stock of the current moment o National perspective o An Opportunity within the City of Bozeman • Becoming Fluent in the Language of Equity – A Discussion of Key Terminology o Diversity o Inclusion o Equity o Equality o Fairness • Why DEI Concepts are Important in the City of Bozeman – An Analysis of Your Organization’s Mission and Vision • Exercise: How do you show up at work? o Paseo protocol • Closing and Next Steps Homework: • Reflect on today’s session: What did you learn that you had not realized before? Did any comment or topic today spur further curiosity in you? Did anything make you feel uneasy or sensitive? Was anything about today frustrating or inadequate? Interrogate those feelings and write about them. • After you have given yourself time to reflect, draft a letter to yourself about what today’s workshop meant to you. Include at least one personal and one professional challenge for yourself to complete in the next 60 days. You can email it to yourself to access it later, or exchange a sealed, physical copy with a colleague. We will revisit these letters later in the series. 138 The Equity Project, LLC Page 3 Workshop #2 – Creating Innovative Solutions: Expanding Your Horizons of Possibility Course Description: The inequitable outcomes we see across all sectors, from health care to education, and employment to child development, are the result of inequitable systems functioning exactly as they were designed to operate. For equitable outcomes to take hold, we need to create new operations, systems, and solutions. To do that, we must be open to shifts in our thinking and the paradigms within which we work. We must find ways to serve, act and engage differently or else we will continue to get inequitable results. This session, Creating Innovative Solutions: Expanding Your Horizons of Possibility, aims to equip participants with an understanding of the systems at play, which create the outcomes they may observe within the City of Bozeman, and across our nation. Participants will learn how to utilize their discretion for equitable purposes and how to leverage their roles within the City to create equitable outcomes. Participant Objectives: By the end of this session, participants will be able to identify how to interrupt the systems that create inequitable outcomes by determining what choice points exist in their individual areas of work. Participants will also understand the various roles necessary in an organization to further EDI efforts and how to create change directly and indirectly. Workshop Agenda: • Welcome & introductions • Subject Matter Expertise: Exploring the assets and limitations of subject matter expertise and experience • Building a balanced DEI committee o Charter creation and goals of the group o Differences that matter o The two most important factors in determining who will be your “Organizational Equity Architects” • Exercise: Identifying Your Levers of Power o A discussion on Choice Points and Employee Influence • Closing and Next Steps Homework: • Consider today’s discussion on Choice points, those areas of discretion within your work responsibilities. Describe 3-5 different ways you can use your positional authority and/or soft power to affect one or more outcomes for an equitable purpose. 139 The Equity Project, LLC Page 4 Workshop #3 – Operationalizing Equity in the Workplace Course Description: As we shared in the beginning of this series, foundational education is necessary to begin to build consensus around how to create desired outcomes. You now understand what E, D, and I, stand for and the need for everyone’s involvement in the creation of new ways of operating. Many times, employees seek “the answer” from an outside consultant, feeling that an external perspective is necessary to solve long-standing issues. But the fact is that you and your colleagues know your organization and city best, and you are likely the best people to tackle your own challenges. In this session, you will learn how to apply previous lessons to a practical challenge you are currently facing at work and in the city. Under The Equity Project’s guidance, you will learn an exercise that you can use to solve problems – even those that have long perplexed your team – by utilizing the brain trust that already exists within the City of Bozeman. Participant Objectives: By the end of this session, participants will be able to utilize the Three-Person Consultancy to identify why a particular challenge is vexing your colleagues and recognize your own ability to apply a EDI lens to solve a problem. Additionally, participants will learn to leverage their colleagues’ expertise to develop solutions to current challenges. Workshop Agenda: • Welcome & introductions • Discussion on leveraging internal organizational strengths • Exercise: Three-Person Consultancy – A process aimed to help you find a solution to a current challenge o Structured listening exercise o Create a “problem statement” o 3-person breakout sessions o Three rounds o Large group report back • Closing and Next Steps Homework: • Consider some work-related questions or challenges you would like a new perspective on. Utilize the Three-Person consultancy in an identified area where you have gotten stuck and see if your colleagues can help you identify a new solution or angle of analysis. 140 The Equity Project, LLC Page 5 Workshop #4 – Prospects for a New Direction: Turning Aspirations into Actions Course Description: This session will culminate in a tangible visioning document based on the lessons participants have learned in the three previous sessions. Under the direction of The Equity Project, participants will undergo a visioning session where they will combine the lessons they learned in Identifying Your Levers of Power and the Three-Person Consultancy to help participants create a redesigned vision for their individual duties and the work of their teams. Participant Objectives: At the end of this session, participants will be able to articulate a new vision for their job responsibilities that incorporates the concepts of equity, diversity, and inclusion. Participants will also be provided with tips that will help them bring a EDI approach to all aspects of their work. Workshop Agenda: • Welcome & introductions • Discussion: What’s In a Vision? o The importance of brainstorming o How to offer and receive feedback for optimal efficacy • Exercise: Moving from Aspirations to Actions o Individual reflection o Breakout Session: Team Visioning o Share out • Closing and Next Steps Homework: • Revisit the letter you drafted to yourself after the first session. Reflect on the following questions: What has changed? Has anything remained the same? Have you followed through on the challenge(s) you set for yourself? Why or why not? • Draft a new letter to yourself. Create a set of DEI goals you will bring to fruition in the next 6 months. Choose a trusted colleague to exchange letters with, and this time, share the contents of your letter with that person. This colleague will be your DEI accountability partner, and you can check in with one another monthly about the progress you’re making on your goals. Set a calendar invite for 6 months from now to review your letters, reflect, and replicate the process. 141 The Equity Project, LLC Page 6 Workshop #5: Foundational Refresher TEP Consultant-Led Refresher The Equity Project will conduct an annual or bi-annual foundational refresher targeted towards employees within the organization. These sessions will provide alignment amongst staff related to key concepts and EDI terminology, while ensuring that content remains fresh and relevant. Budget: Bi-Annual: $6,000 Investment Options: Workshops are priced at $3,500 per 2-hour workshop Name Transformative Series of Workshops Content Workshops 1 (All Staff), 2, 3, 4 (Select Staff) # Of Workshops Eleven (11) Audience Workshop 1 with all staff, workshops 2,3& 4 with select staff 80 per session Budget $38,500 + Bi-annual refresher $44,500 Logistics: • Each session will be conducted via Zoom. • Sessions can accommodate up to 80 individuals. • Sessions will include a hybrid of group discussion and small breakout sessions where participants will be given a prompt by the facilitator and engage in dialogue amongst themselves. The facilitator will pop into breakout rooms to check-in and provide guidance as needed. Timeline: January 19 - June 30, 2022 (Depending on the number of workshops) 142 Memorandum REPORT TO:City Commission FROM:Josh Waldo, Fire Chief SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Pintler Billing Services for Third Party Billing for Emergency Medical Services (EMS) Transport MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with Pintler Billing Services for third party billing for emergency medical services (EMS) transport. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The fire department provides backup EMS transport service under a contractual agreement with American Medical Response (AMR). When a situation arises that AMR has no available ambulances to provide emergent EMS transport services, a fire department ambulance is dispatched to the event to prevent delays in transport. Today the fire department does not bill for these EMS transport and thus has no way to recover cost associated with providing these services. This professional services agreement would allow for the fire department to use a third party service billing for these transports, including billing of private insurance, Medicare, and Medicaid. This practice is similar to what would occur if the EMS transport were provided by AMR or another outside agency. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Revenue collected from billing for these EMS transports would be used to offset cost associated with providing these services. Attachments: BFD-Pintler Scope of Services Ex. A.pdf Bozeman Fire Department-Pintler Billing Contract.pdf 143 Report compiled on: February 17, 2022 144 -1- Ex. A: Scope of Services Agreement EXHIBIT A: SCOPE OF SERVICE AGREEMENT CLIENT CONTACT: CONTRACTOR CONTACT: City of Bozeman 121 N. Rouse Ave. Bozeman, Montana 59715 Pintler Billing Services, LLC P.O. Box 2458 Eureka, Montana 59917 Primary Contact: Josh Waldo 406-582-2351 jwaldo@bozeman.net Primary Contact: Leslie Graves 406-297-1627 leslie@pintlerbillingservices.com Term: _____________, 2022 to ____________, 2022 Project Overview: The City of Bozeman operates transporting ambulances on a backup basis within the city limits of Bozeman when the primary transporting service is unavailable. The City of Bozeman is looking for a third party vendor to provide ambulance and response billing, collection, financial reporting and analytical services. Service Details: 1. Claims Processing and Follow-up. Contractor will process Client’s trip reports and submit insurance claims, electronically or on paper (as required by payer), to insurance carriers as soon as possible upon receipt of billing information but never more than five (5) days after billing information is received by Contractor from Client, provided the billing information is complete upon receipt as detailed above and is received from Client on a regular schedule of at least weekly. Contractor will bill patients monthly for co-payments or private payments due to Client. Contractor will track claims submitted and any delinquent claims will be pursued by Contractor. Contractor will generate aging reports monthly and will investigate past due claims and patient account issues. Payment plans for patients, if established by Client policy, will be tracked by Contractor and delinquent patient accounts will be presented in report form to Client for consideration of referral to an outside agency for collection action. At the direction of Client, Contractor will negotiate payment plans with patients and/or supply patients with a financial hardship waiver request form. Past due 145 -2- Ex. A: Scope of Services Agreement accounts will be sent by Contractor to Centron Services, a Montana collections agency (or agency selected by Client), at the direction of Client. 2. Monthly Reports. Contractor will generate monthly reports detailing activity related to claims and patient billing, including: aging, total revenue, total charges, patients receiving statements, and any other matters agreed upon between Client and Contractor. 3. Patient and Client Staff Questions. Contractor will provide a telephone number for questions and inquiries from patients and staff of Client. All questions from patients and staff of Client will be answered by Contractor immediately when possible, but never longer than one business day after receipt. If a transition from a prior Contractor is involved, Contractor will provide unlimited assistance via email or phone to Client crew and managers regarding completion of transition from previous Contractor, specific trip report documentation and completion questions, and general questions regarding any aspect of Contractor services for Client. One live (on-site or virtual) documentation training per year for Client’s crews and other designated staff is included at no additional charge. 4. Patient Benefits, Prior Authorization and Referrals. Contractor will perform verification of patient benefits for Client upon receipt of complete patient insurance and demographic information. Client will be responsible for prior authorizations and/or referral procurement where required prior to transport, although Contractor shall inform and educate Client of requirements for authorizations and referrals whenever possible. Contractor is not responsible for denied claims, including but not limited to any denials due to policy exclusions, benefit limits, or insurance company decisions. 5. Refund Requests and Refunds. Contractor will investigate and, as necessary, dispute any refund requests by insurance companies made to Client. In the event that a refund is due, Client agrees to pay the refund amount to the insurance company, patient, or other party to whom the refund is due within the time frame required by law. If there is a refund paid by Client, Contractor will then refund to Client the amount corresponding to the percentage billed by Contractor of the amount collected by Client that it subsequently refunded. 6. Processing and Reporting of Claim Payments. Contractor will provide a PO Box as a payment address for remittance of physical payments. Contractor will collect mail from the PO Box daily and payments received for Client will be deposited in Client’s account biweekly. Client will provide deposit slips and a deposit stamp to Contractor, and Contractor will deposit payments physically or via US Mail depending on bank location of Client. A detailed report of all deposit items will be sent via secure web portal by Contractor to the Client office for reference and archival purposes. At the request of Client, a separate notification will be sent by Contractor to any County Treasurer’s office, bookkeeper’s office, or other individual or entity designated by Client. 146 -3- Ex. A: Scope of Services Agreement 7. Assistance in Updating Enrollment Information and Address Changes. Contractor will provide assistance to Client in updating enrollment information pertaining to Contractor with Medicare, Medicaid, BlueCross BlueShield, and other major insurance carriers. Contractor will also notify payers of address changes as necessary. Contractor will also provide assistance with enrollment in EFT (and associated ERA) processes with payers as available. 8. Back-up Procedures. Contractor will maintain electronic copies of all software, billing programs, and billing records offsite in a HIPAA-compliant manner. Contractor will contract with a third-party storage company or companies to use state-of-the-art systems for data preservation and, if necessary, restoration of systems. Payment: The City agrees to pay Contractor for services, at a rate of 8% of the amount received by The City from all revenue it receives as a result of Contractor efforts. Contractor will provide The City with a monthly statement and monthly reports detailing all transactions that occurred during the previous month. Contractor will invoice The City at the beginning of each month for claim payments received during the previous month. Payment will be due within ten (10) days of The City’s receipt of the invoice Additional Services: N/A The scope of services set forth above are a binding agreement between the City of Bozeman and Pintler Billing Services, LLC. This Scope of Service Agreement is incorporated into the Parties’ Professional Services Agreement. By signing below, each Party agrees to comply with the terms and conditions set forth in this Scope of Service Agreement. City of Bozeman Pintler Billing Services Signature: __________________________ Signature: _________________________ Printed: __________________________ Printed: _________________________ Title: __________________________ Title: _________________________ Date: __________________________ Date: _________________________ 147 Professional Services Agreement for EMS Billing Services Page 1 of 13 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, PINTLER BILLING SERVICES, LLC, with an address of P.O. Box 2458, Eureka, Montana, 59917, 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 valid for one year and will automatically renew annually, unless either party requests a change in writing as detailed in paragraph 4(f) of this Agreement. This Agreement is effective upon the Effective Date. 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: a. General Charges and Payments. The City agrees to pay Contractor for services, as set forth in the Scope of Services which is attached as Exhibit A. b. Clearinghouse Subscription and Patient Statement Costs. The City will also be responsible for the cost of the clearinghouse subscription and sending patient statements. These charges may not exceed $33/month and $1.50 per patient statement per month respectively. 148 Professional Services Agreement for EMS Billing Services Page 2 of 13 c. Start-up Fee. The City will be responsible for a one-time start-up fee of five hundred dollars ($500.00) payable with payment of first invoice. d. Monthly Statements of Transactions, Costs and Charges. Contractor will describe the aforementioned costs, and any selected optional clients and their costs in a detailed monthly statement identifying each transaction to allow for exact reconciliation. Costs may not exceed reasonable and necessary costs for processing claims and procuring payment for Client. e. Suspension of Billing for Non-payment of Fees. The City agrees to pay Contractor within ten (10) working days from date of invoice. Contractor reserves the right to suspend billing for consistent non-payment or untimely payment by the City. f. Changes to the Agreement. Contractor and the City shall retain the right to review and possibly negotiate different terms of this Agreement as circumstances dictate. Any changes to the rate of payment in paragraph 4a will be memorialized in an addendum to this Agreement. The Parties reserve the right to re-negotiate the rate of payment prior to the annual renewal of the contract. 5. City’s Representations: a. The City will provide Contractor with all information and documents needed by Contractor to make billing decisions and bill claims for the City. The City shall do this by US mail, secure web portal, electronic PCR software, fax, or in person at least weekly unless other arrangements have been made and both parties have agreed upon a change in delivery arrangements. The City shall provide Contractor with true and accurate billing information, including, but not limited to: patient demographic information, completed signature forms as required by law, complete documentation of services provided, changes in crew members or their licensure, payments and insurance remittance received, referral or authorization numbers and/or documents, and/or other necessary medical documentation. b. The City also agrees to provide Contractor with any new/updated information within one week of receipt of such information. The City warrants that all information provided to Contractor for billing purposes will be true and accurate to the best of its knowledge. The City will keep original documents and provide Contractor with clear copies in either paper or electronic form. All documents provided to Contractor will become the sole property of Contractor except, upon termination of this Agreement, any protected health information provided to Contractor by The City or created by Contractor on behalf of The 149 Professional Services Agreement for EMS Billing Services Page 3 of 13 City shall be handled as provided in the Business Associate Agreement between the parties. c. The City agrees that the sole responsibility for maintenance of the relationship with its ePCR vendor, including subscription, passwords, and administration, belongs to The City. Assignment to Contractor by The City within electronic PCR software shall constitute delivery of information to Contractor. The City agrees to provide access to its ePCRs through the electronic PCR software to Billing Company, and agrees that a lapse in the access or subscription to the electronic PCR software shall void Contractor duties to retrieve billing information. The City remains the custodian of the PCR and medical records, though Contractor shall retain a copy for billing documentation and support. All requests by third parties for medical records shall be directed to The City for fulfillment, with the exception of records requests for purposes of treatment or payment by receiving hospitals and responsible payers, including insurance companies, which may be handled by Contractor. Routine records requests required to facilitate payment will be handled by Contractor. 6. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. c. Contractor represents that it can integrate into the City’s electronic PCR software in order to satisfy all of the duties and terms listed in this Agreement and the Scope of Services. 7. 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. 150 Professional Services Agreement for EMS Billing Services Page 4 of 13 Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 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. There is no liability on the part of Contractor to any entity for any debts, liabilities or obligations incurred by or on behalf of the City. 8. 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. 151 Professional Services Agreement for EMS Billing Services Page 5 of 13 For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically 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. 152 Professional Services Agreement for EMS Billing Services Page 6 of 13 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 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. 9. 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. 153 Professional Services Agreement for EMS Billing Services Page 7 of 13 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. 10. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 11. 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 154 Professional Services Agreement for EMS Billing Services Page 8 of 13 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. 12. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Josh Waldo or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Leslie Graves 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. 13. Permits: Contractor shall provide all notices, comply with all applicable laws, 155 Professional Services Agreement for EMS Billing Services Page 9 of 13 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. 14. Laws and Regulations: a. 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. b. The Parties intend to comply fully with all applicable state and Federal laws and regulations, including but not limited to the Balanced Budget Act of 1997, the Social Security Act, the federal Anti-Kickback Statute, the federal False Claims Act, the Health Insurance Portability and Accountability Act and all applicable state and federal fraud and abuse laws and rules. Contractor and the City will each be responsible for monitoring and ensuring its own compliance with all applicable state and Federal laws and regulations governing their respective activities pertinent to this Agreement. The City accepts responsibility for knowledge of applicable regulations and laws, and further warrants that patient care provided and activities performed by the City are compliant with all applicable Federal and state laws and regulations. Contractor accepts only responsibility for knowledge of regulations and applicable laws as they apply to Contractor activities, and assures the City that Contractor will maintain the highest level of compliance possible through continued training and education of its staff, and certification of at least one staff member as a Certified Ambulance Compliance Officer (CACO) through the National Academy of Ambulance Compliance (NAAC). Insofar as any terms or conditions of this Agreement are determined by any court or by the OIG to be contrary to any such statutes or regulations, the parties will promptly and in good faith confer and resolve any issues so as to make the performance of this Agreement consistent with all applicable statutes and regulations. c. If either Party becomes aware of any actual or potential violation by the other Party, whether intentional or inadvertent, of any applicable state or Federal statute or regulation, it shall promptly notify the other Party. 15. 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 156 Professional Services Agreement for EMS Billing Services Page 10 of 13 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. 16. 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. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 157 Professional Services Agreement for EMS Billing Services Page 11 of 13 18. 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. 19. Confidentiality: Neither Contractor nor the City shall, during the term of this Agreement or any extension hereof, for any reason, disclose to any third party any proprietary information regarding the other party unless required to do so by law, regulation or subpoena. For purposes of this Agreement, “proprietary information” shall include, but not be limited to audit requests, audit results, billing processes, and subscriber lists. 20. HIPAA Business Associate Agreement: The Business Associate Agreement between the City and Contractor applicable to the parties under this Agreement is attached hereto as Attachment A. This Agreement is the Underlying Agreement referred to therein. 21. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. 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. 23. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 24. 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 158 Professional Services Agreement for EMS Billing Services Page 12 of 13 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. 25. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 26. 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. 27. Severability: In the event that any one or more of the provisions contained in this Agreement shall, for any reason, held by any court or by the Office of Inspector General of the United States Department of Health and Human Clients to be invalid, illegal, void, or unenforceable in any respect, such invalidity, illegality, voidability, or unenforceability shall not affect any other provisions and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 28. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 29. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 30. 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. There is no intent by either Party to create or establish a third-party beneficiary or status or rights in any patient, subscriber or other person or entity. 31. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 32. 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 159 Professional Services Agreement for EMS Billing Services Page 13 of 13 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. 33. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 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 By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 160 Memorandum REPORT TO:City Commission FROM:Mike Gray, Facilities Superintendent Max Ziegler, Project Coordinator Jon Henderson, Strategic Services Director SUBJECT:Authorize City Manager to Sign a Professional Service Agreement with Mesa Commercial Service for Bozeman Public Safety Center Move Services MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign professional service agreement with Mesa Commercial Service for Bozeman Public Safety Center move services. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:As part of the Public Safety Center opening it will required the following departments to moving into the new facility; Police Department, Fire Department, City Attorney’s Office, Municipal Courts, IT Department and the Facilities Department. For this type of complex move, it will require the City to procure professional moving service to ensure a smooth transition for all City Departments. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Funds are allocated in the approved Bozeman Public Safety Center Construction Budget. Budget amount for move services is $100,000.00. Attachments: Professional Services Agreement - Mesa Commercial Services - Bozeman Public Safety Center Moving Services.pdf Report compiled on: February 17, 2022 161 Version 8 30 21 Professional Services Agreement for Moving Services Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of March, 2022 (“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, Mesa Commercial Services, 95 E. Griffin Drive, Bozeman, MT 59715, 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, 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, 162 Version 8 30 21 Professional Services Agreement for Moving Services 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 Contractor shall bear all 163 Version 8 30 21 Professional Services Agreement for Moving Services Page 3 of 11 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 164 Version 8 30 21 Professional Services Agreement for Moving Services 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 165 Version 8 30 21 Professional Services Agreement for Moving Services 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. 166 Version 8 30 21 Professional Services Agreement for Moving Services 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 Max Ziegler, Project Coordinator or such other individual as City shall 167 Version 8 30 21 Professional Services Agreement for Moving Services Page 7 of 11 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 David Pitchford 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. 168 Version 8 30 21 Professional Services Agreement for Moving Services 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 169 Version 8 30 21 Professional Services Agreement for Moving Services 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 170 Version 8 30 21 Professional Services Agreement for Moving Services 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. 171 Version 8 30 21 Professional Services Agreement for Moving Services 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 Mesa Commercial Services_ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: David Pitchford Print Title: Director of Commercial Services APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 172 EXHIBIT A 173 1 www.mesamoving.com REQUEST FOR PROPOSAL Bozeman Public Safety Center Move CITY HALL FIRE STATION LAY & JUSTICE CENTER OFFSITE STORAGE CITY OF BOZEMAN, MT Prepared by David Pitchford Director, Mesa Commercial Services 403 S. Airport Blvd., Aurora, CO 80017 (303) 923-1284 DPitchford@MesaMoving.com www.MesaMoving.com January 14, 2022 174 2 www.mesamoving.com January 14, 2022 City of Bozeman agenda@bozeman.net Request for Proposal - Bozeman Public Safety Center Move To Our Valued Client: Please accept the following submission as representation of Mesa’s capabilities and experience in managing and professionally performing moving services as detailed in the Bozeman Public Safety Center Public Schools Request for Proposal scope of work. Those services include but are not limited to • installation of building protection in facilities • management of all moving activities and personnel oversite • provision of all required manpower, vehicles, moving equipment and materials • provision of storage - as staging areas - as required • relocation of office equipment, furniture, content, files, and oversized items • perform IT disconnect, relocation, and reconnect services • responsibly dispose of or liquidate furniture as directed Mesa is very interested in being selected as the City of Bozeman’s relocation service provider and believe we are the ideal fit for your needs. We look forward to working with you and building a solid relationship with the City. We are confident that Mesa will provide the best moving services possible, at a very competitive rate. Should you have any questions, please do not hesitate to reach out to me directly at (303) 923-1284. Truly, David Pitchford Director of Commercial Services (303) 923-1284 DPitchford@MesaMoving.com 175 3 www.mesamoving.com A - Executive Summary Parent company of several corporate entities with offices throughout the western United States. Established in 1981. For more than three decades; a world-class provider of logistics solutions for businesses and individuals. One of the largest full-service household goods moving and storage companies for United Van Lines; agencies in Bozeman, MT, Helena, MT, Whitefish, MT, Denver, CO, Salt Lake City, UT, Boise, ID, and Grand Junction, CO. Founding member and shareholding agent of Office Moving Alliance, an international network of commercial moving specialists; now providing services for many of the largest companies in the world. FIDI Certified, Registered International Mover, and member of the International Association of Movers; award winning Mesa International strives to be one of the top transportation companies in the world. Quality-focused provider of tailor-made logistics services and project management, serving the hospitality, food service, retail, healthcare, and various other industries. Management company that focuses on Department of Defense transportation and logistics. Committed to serving military families and government employees. Providing personalized high-quality relocation services, designed to align with the needs of the transferees. Seven Mesa Branch Locations MONTANA: Bozeman, Helena, Whitefish COLORADO: Aurora and Grand Junction UTAH: South Salt Lake City IDAHO: Boise 176 4 www.mesamoving.com MESA BOZEMAN BRANCH STRUCTURE Branch Location: 95 E Griffin Dr, Bozeman, MT 59715 • Warehouse: 46,000 sq. ft. | Docks: 7 elevated, 7 ground • Racks: 859 pallet locations | Vaults: 500 locations • Open mezzanine for Record Storage • Temperature Controlled Bozeman Team: Andrea Williams, Vice President, Operations/Interim Terminal Manager (303) 923-1275 awilliams@mesamoving.com Amanda Hofer, Director of Area Sales (406) 551-7906 ahofer@mesamoving.com David Pitchford, Director of Commercial Moving Services (303) 953-1221 dpitchford@mesamoving.com Billy Chadwick, Warehouse Manager (406) 551-7913 bchadwick@mesamoving.com Erin Headdy, Operations Dispatcher (406) 551-7908 eheaddy@mesamoving.com Kenna Furrer, Commercial Move Coordinator (303) 923-1308 kfurrer@mesamoving.com Personnel: 18 Crew members | 8 Warehousemen | 1 CDL Driver | 3 Office Equipment: Trucks: 7 | Passenger Vans: 4 | Tractors: 3 | Trailers: 9 177 5 www.mesamoving.com BUILDING A WINNING MESA TEAM Notwithstanding Mesa’s financial strength, or acquisition of technical advancements, by far the greatest strength of Mesa Systems, Inc. is the depth, diversity, and personality traits of our management team. It is said that the personal style of team members has the greatest influence on its success. As important as any technical skill a team member brings is the ability to work closely together, free of ego and fully transparent in action. The most effective leaders are comfortable with who they are, and they surround themselves with people who complement their strengths and weaknesses. INDUSTRY KNOWLEDGE Combined Experience: • Mesa Commercial Consultants - over 120 years • Mesa Project Management Team - over 40 years • Onsite Relocation Supervisor Team - over 140 years COMMITMENT TO QUALITY Ø All Mesa Moving & Storage employees must adhere to the Department of Homeland Security E-Verify Program Ø Mesa Personnel are background checked in accordance with the stringent polices of United Van Lines Ø Movers and Packers are in uniform, trained, and respectful of customer’s items and their privacy Ø Mesa Drivers are CDL Van Operators in good standing and qualified through United Van Lines. They take pride in their work and are trained to supervise and coach the Movers and Packers under a watchful eye Ø Mesa understands that moving is one of the most “stressful things people may ever encounter.” We take the responsibility of caring for our customers very seriously Each one of us works hard to alleviate this stress by coordinating and managing every step of each move from start to finish Our goal is to exceed your expectations. 178 6 www.mesamoving.com MESA’S MENU OF MOVING SERVICES Ø Residential Moving and Storage Ø Professional Packing Ø Office Moving – Associates and Content Ø Move – Add – Change Moving Ø Project Management Ø Move Planning and Consulting Ø Computer Disconnect / Reconnect Ø Server Room / Data Services Ø High Value Labs and Clean Rooms Ø Inventory Management Ø Windfall Bar Code Asset Tracking Ø Furniture Asset Decommission Ø Logistics and Transportation Ø Industrial Moving and Transport Ø Warehousing and Distribution Ø Hotel, Hospitality, FF&E Ø Fixture Rollout / Furniture Installation Ø Office Space Disinfecting MESA’S STANDARD OPERATING PROCEDURES Ø Single point of contact for duration of project Ø Pre-move planning meetings Ø Detailed move plan developed, and timelines established Ø Utilize a From-To list to create move labels and placards Ø Budget planning and move analysis consultation Ø Provide all required moving material, specialized equipment, and manpower Ø Protect facilities at origin and destination Ø Prepare, pack, load, transport, unpack, and place all labeled content Ø Clean moving debris each day of project Ø Work efficiently and safely, with minimal disruption Ø Provide Earth-friendly reusable moving crates in lieu of corrugated cartons Ø Reuse and recycle monitor cover and keyboard bags Ø Provide “Welcome Desk” support Monday after Move Ø Dedicated to the success of your company 179 7 www.mesamoving.com MESA’S COMMITMENT TO THE PLANET Mesa has invested in sustainable moving materials keeping debris out of landfill. Mesa assists residential and commercial customers dispose of unwanted and unusable assets. We partner with non-profit organizations and reputable disposal services to discard end-of-life items responsibility. Mesa was the recipient of the Environmental Protection Agency (EPA) 2017 SmartWay Excellence Award - recognized as an industry leader in freight supply chain environmental performance and energy efficiency. Mesa demonstrated top environmental performance by effectively hauling all freight with environmentally and energy efficient SmartWay equipment. Mesa has made great strides in improving the fuel efficiency of vehicles and equipment and continues the commitment to improve driver training and safety initiatives. MESA’S INDUSTRY AFFILIATIONS 180 8 www.mesamoving.com EXECUTIVE SUMMARY We feel that the objective of moving any organization is to keep the disruption of the move to a minimum, allowing for services to continue, resulting in a smooth transition, employees unpacked and ready, computer/phone systems in working order, support areas moved in advance and ready for activity. We accomplish this goal by implementing a move plan that includes the following processes. • Begin Conducting meetings with department heads to identify their needs. • Develop a workable Move schedule that dove tails those needs into a plan. • Present the move schedule to the Move planning group for acceptance. • Begin a series of meetings with the move planning group to discuss details of the plan and implementation • Complete floor plans and identify final employee locations. • Set up move meeting with employees to provide move instruction and timing for department moves. • Make copies of the floor plans and color codes to be used in the employee move meetings • When the City gets occupancy of the space, we begin the layout of the new space with colored coded plans, identifying locations and access to the new space • Move begins, we supervise and manage the process based on move schedule, monitoring progress, confirming contents and furniture is in their proper location. • Computer disconnect and reconnect is completed and documented. • We set up a hot desk for IT and Movers to respond to issues, document completion following the move the day before. We have included many of the forms and processes in this proposal as examples of how we organize a government agency for a successful move. Respectfully Submitted David Pitchford Director of Commercial Services Mesa Moving and Storage 181 9 www.mesamoving.com B - FIRM/INDIVIDUAL PROFILE The City of Bozeman Project Manager will be David Pitchford. Mesa has established the City of Bozeman project will be a priority and has assigned the director as your Project Manager. As secondary support, Mesa has an impressive depth of project management talent to draw from in the event David feels assistance is required. David Pitchford - Director of Commercial Services David’s entire career, spanning over 45 years, has been in the commercial moving business. To transition a company to a new space is like conducting an orchestra through a beautiful composition. It takes a lot of pre-planning to get all the pieces in position for a flawless performance. Resulting in an on-time move schedule, minimal down-time for your business, and a successful move on budget! Bravo! 182 10 www.mesamoving.com C - SCOPE OF PROJECT/DESCRIPTION OF PROPOSED SOLUTION and G - PRICING PROPOSAL 1 Project Manager @ 75.00$ Per Hr. X 40 Hrs. =3,000.00$ 1 Project Manager @ 75.00$ Per Hr. X 20 Hrs. =1,500.00$ 3 Supervisor/driver @ 60.00$ Per Hr. X 20 Hrs. =3,600.00$ 6 Movers @ 52.00$ Per Hr. X 20 Hrs. =6,240.00$ 3 Straight Truck @ 40.00$ Per Hr. X 20 Hrs. =2,400.00$ 1 Transportation Vehicle @ 125.00$ Per Day X 3 Day = 375.00$ 3 Energy Fee @ 30.00$ Per Day X 3 Day = 270.00$ 2 @ 50.00$ Each =100.00$ 4 @ 25.00$ Each =100.00$ 50 @ 3.00$ Each =150.00$ 20 @ 36.00$ Each =720.00$ 12 @ 15.00$ Each =180.00$ Operation Schedule of Manpower and Equipment Man Power/Vehicles Law and Justice Center Preliminary Move - Open File shelving/Boxed archive carton Move This move should be in advance of the Court move by 2.5 day preparing/ loading/ delivery/ unloading into shelves/ removing equipment. This will be a bit disruptive in the file area of the court offices. Library Carts-per daySpeed Packs Purchase4-Wheel DolliesLabels Material/Equipment Pull Premove Planning, Placarding New Space with signs and Directions. Our Project Manager will conduct Move management meetings, prepare move instruction sheets/PC disconnect/reconnect forms/ Preprinted lables Man Power/Vehicles 183 11 www.mesamoving.com Off-Site Storage Unit - Move existing boxes/Pack file cabinets Pack , move and deliver specified contents 1 Day event Man Power/Vehicles 1 Supervisor/Driver @ $ 60.00 Per Hr. X 8 Hrs. = $ 480.00 1 Movers @ $ 52.00 Per Hr. X 8 Hrs. = $ 416.00 1 Straight Truck @ $ 40.00 Per Hr. X 8 Hrs. = $ 320.00 1 Energy Fee @ $ 20.00 Per Day X 1 Day = $ 20.00 1 Material/Equipment Pull @ $ 50.00 Each = $ 50.00 40 Totes/Crates- 1-Week @ $ 4.00 Each = $ 160.00 City Hall Move / Police Department move of contents and computers Service Computers and move, reconnect computers - 1 Day Event Man Power/Vehicles 1 Project Manager @ $ 75.00 Per Hr. X 8 Hrs. = $ 600.00 3 Supervisor/Driver @ $ 60.00 Per Hr. X 8 Hrs. = $ 1,440.00 2 Computer Techs @ $ 55.00 Per Hr. X 8 Hrs. = $ 880.00 8 Movers @ $ 52.00 Per Hr. X 8 Hrs. = $ 3,328.00 3 Straight Truck @ $ 40.00 Per Hr. X 8 Hrs. = $ 960.00 1 Transportation Vehicle @ $ 125.00 Per Day X 1 Day = $ 125.00 3 Energy Fee @ $ 30.00 Per Day X 1 Day = $ 90.00 1 Material/Equipment Pull @ $ 50.00 Each = $ 50.00 15 Speed Packs Purchase @ $ 36.00 Each = $ 540.00 15 Machine Carts- per day @ $ 3.00 Each = $ 45.00 184 12 www.mesamoving.com Fire Station 1 /Police annex move of Contents and Computers Service computers, move contents, reconnect Computers 1 Day Event Man Power/Vehicles 1 Project Manager @ $ 75.00 Per Hr. X 8 Hrs. = $ 600.00 3 Supervisor/Drivers @ $ 60.00 Per Hr. X 8 Hrs. = $ 1,440.00 2 Computer Techs @ $ 55.00 Per Hr. X 8 Hrs. = $ 880.00 8 Movers @ $ 52.00 Per Hr. X 8 Hrs. = $ 3,328.00 3 Straight Truck @ $ 40.00 Per Hr. X 8 Hrs. = $ 960.00 1 Transportation Vehicle @ $ 125.00 Per Day X 1 Day = $ 125.00 3 Energy Fee @ $ 30.00 Per Day X 1 Day = $ 90.00 2 Material/Equipment Pull @ $ 55.00 Each = $ 110.00 50 4-Wheel Dollies @ $ 1.50 Each = $ 75.00 10 Speed Packs Purchase @ $ 36.00 Each = $ 360.00 10 Machine Carts- per day @ $ 3.00 Each = $ 30.00 Surplus removal and disposal - Post move Event Pick up all designated furniiture, equipment and dunnage, recycle or send to land fill - all metal product that meets recycling standards will be delivered to Pacific Steel crediting City of Bozeman 3 Day Event Man Power/Vehicles 1 Project Manager @ $ 75.00 Per Hr. X 24 Hrs. = $ 1,800.00 2 Supervisor/Drivers @ $ 60.00 Per Hr. X 24 Hrs. = $ 2,880.00 4 Movers @ $ 52.00 Per Hr. X 24 Hrs. = $ 4,992.00 2 Installers @ $ 55.00 Per Hr. X 8 Hrs. = $ 880.00 3 Straight Truck @ $ 40.00 Per Hr. X 24 Hrs. = $ 2,880.00 1 Transportation Vehicle @ $ 125.00 Per Day X 3 Day = $ 375.00 3 Energy Fee @ $ 30.00 Per Day X 3 Day = $ 270.00 5 disposal @ $ 300.00 Per Day X 3 Day = $ 4,500.00 Relocate 22' foot brass Fire Pole/ Antique Bronze Bell 1 Day event - 3rd party riggers move Bell, table and flag pole. 1 Rigger @ $ 150.00 Per Hr 6 Hrs $ 900.00 Total Move Quote $ 55,614.00 185 13 www.mesamoving.com MESA MOVING & STORAGE SERVICES PRICING FOR CITY OF BOZEMAN Manpower/Vehicles Rate Project Manager $ 75.00 Supervisor-Mover/Installer $ 60.00 Driver $ 55.00 Movers $ 52.00 Installers/ Technicians $ 55.00 Warehousemen $ 50.00 Straight Truck $ 40.00 Tractor Trailer $ 60.00 Transportation Vehicle $ 125.00 Energy Fee per truck per day $ 30.00 Storage Rate Open Square Footage Rate $ 2.25 Pallet Rack Storage $ 30.00 Rug Storage $ 30.00 CWT- 100#'s Storage rate $ 5.75 Receiving IN/Out per CWT $ 7.50 Admin Fee for Hospitality $ 1.50 Trailer Storage Monthly Rate $ 500.00 Debris Removal per Truck load $ 500.00 Minimum Storage per month $ 100.00 Material/Equipment Rate Material/Equipment Pull $ 50.00 Labels $ 25.00 Auto-bottom (1.5 cu ft) $ 2.50 Totes/Crates- Weekly $ 2.50 Newsprint (30 lb bundle) $ 40.00 Paper Pads $ 2.25 Shrink Wrap $ 25.00 24" Sm. Bubble (250 roll) $ 100.00 48" Sm. Bubble (250 roll) $ 200.00 48" Large Bubble (500'roll) $ 225.00 24" Anti. Large Bubble (250'roll) $ 125.00 48" Anti. Sm. Bubble (250'roll) $ 250.00 Monitor sleeve-(18"x23") $ 2.25 Monitor sleeve-(26"'x32") $ 4.25 Keyboard Bags $ 1.25 Zip Ties $ 0.30 Carpet Protector ( 200' roll) $ 36.00 Builder Board Floor (48 x 50') $ 125.00 Masonite/ Polynite Sheet $ 1.00 48" Wall Corrugate (250' roll) $ 123.00 Ram Board 250' roll $ 125.00 Painter's Tape $ 7.00 Packing Tape $ 2.25 Masonite Tape $ 6.50 4-Wheel Dollies $ 1.00 Speed Packs Purchase $ 40.00 Speed Packs Rental $ 15.00 Machine Carts- per day $ 3.00 Panel Carts- per day $ 3.00 Library Carts-per day $ 3.00 186 2 www.mesamoving.com D - RELATED EXPERIENCE WITH SIMILAR PROJECTS Business Name City of Westminster Contact Person/Email Thomas Ochtera, LEED-AP, CEM, ENV-SP Energy and CIP Coordinator City of Westminster (303) 658-2551 tochtera@CityofWestminster.us Business Name City of Denver Public Library Project Contact Person/Email Curt Winn, Senior Project Manager City & County of Denver Department of Transportation & Infrastructure IPM - Infrastructure Office: (720) 913-4598 | Mobile: (303) 710-3393 Curt.Winn@denvergov.org Business Name Arapahoe County APZ Remodel Contact Person/Email Ann Baertlein/Project Manager Araphoe County Facilities and Fleet Management Department 1610 W. Littleton Blvd. Suite #100 Littleton, Colorado 80120 303-795-4514 abaertlein@arapahoegov.com 187 3 www.mesamoving.com E - REFERENCES Business Name Bozeman Health Contact Person/Email Holly Raycraft 406-599-9883 Business Name Montana State University Contact Person/Email Richard Rudnicki 864-650-2360 Business Name Bioscience Lab Contact Person/Email Marsh Paulsen 406-570-4304 F - RECENT & CURRENT WORK FOR THE CITY OF BOZEMAN • City of Bozeman- City Hall ( Old City hall building into new city hall building as well as received new furniture and deliver- 8-10 years ago • James Goehrng/Sid bush • 406-582-3232 188 4 www.mesamoving.com H - AFFIRMATION OF NONDISCRIMINATION Appendix A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION Mesa Moving and Storage Bozeman, LLC (name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, Mesa Moving and Storage Bozeman, LLC (name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices publication and has read the material.” ______________________________________ David Pitchford, Director of Commercial Services Name and title of person authorized to sign on behalf of submitter 189 5 www.mesamoving.com I - ADDITIONAL MOVE SOLUTION INFORMATION • Mesa Commercial Packing & Labeling Guide • Mesa Packing and Labeling Instructions • Mesa PC Inventory Form • Mesa Asset Disposition form • Proof of Insurance • Mesa Terms and Conditions • Cargo Valuation Options 190 6 www.mesamoving.com 191 7 www.mesamoving.com 192 8 www.mesamoving.com 193 9 www.mesamoving.com 194 10 www.mesamoving.com 195 11 www.mesamoving.com 196 12 www.mesamoving.com 197 13 www.mesamoving.com PROOF OF INSURANCE 198 14 www.mesamoving.com 199 15 www.mesamoving.com 200 16 www.mesamoving.com 201 17 www.mesamoving.com 202 18 www.mesamoving.com MESA TERMS AND CONDITIONS All work will be completed in a professional manner according to standard industry practices. Customer’s representatives must be present at origin and destination during the actual move and authorized to make changes to the scope of the move. Mesa Systems, Inc. d.b.a. Mesa Commercial Services (Mesa) is due all monies as contracted unless termination of said contact is agreed to, in writing, by both parties. Any alterations or deviations from specifications listed in Mesa’s proposal that involve extra labor, equipment, or additional time may result in an adjustment of the quoted price in the form of additional charges. Such charges will be due and payable in accordance with the terms of payment listed in Terms & Conditions. Alternative Measures. There may be additional charges if any item must be moved using Alternative Measures (such as elevator top-rides, use of lift, or removal of windows) due to the characteristics of said item (size, weight, or building characteristics). Unexpected Circumstances. There may be additional charges if the following conditions do not exist at both origin and destination facilities: (a) adequate light, heat, air and power, and access to adequate parking; (b) exclusive and uninterrupted use of elevators and docks; (c) all loading and unloading areas are accessible, and free of debris or any other impediments to moving, and (d) construction, renovation, decorating and other work is complete or at a status that will not impede the move. Price. The cost for moving and storage services include all time, labor, material, and equipment as listed in the Mesa Proposal. Any deviations from the specifications, sequence, or scheduling of the move will result in a change order and an adjusted price. In addition, any costs for change orders, Alternative Measures and Unexpected Circumstances during the move will be included in the final invoice. Delays. Situations beyond the reasonable control of Mesa, such as but not limited to traffic or roadwork, weather conditions, accidents, riots, strikes, malfunction/non-functioning on-site Customer or building equipment, acts of God, government regulations or other causes and acts of force majeure, may cause a delay in services. In the event of any such unforeseen encounter, the duration of the move period may be correspondingly extended. Mesa will not be responsible or liable to Customer for any loss or damage to Customer including loss of income and/or profits, incidental, special or consequential damages resulting solely from the move being delayed as the result of unforeseen circumstances beyond Mesa’s control. Customer will be responsible for paying the actual time, labor, material, and equipment used for the move, regardless of unforeseen delays beyond Mesa’s control. Cancellation. Cancellation, or any changes, must be made at least 48-hours prior to the move. Should a crew be dispatched due to the lack of notice, the customer will be charged according to the hourly rate of the crew multiplied by 4-hours. Protection from Damage/Claims. Mesa shall not be held liable for loss, damage, or destruction of items such as but not limited to (a) unsecured high-value negotiable items; (b) electronic equipment improperly prepared to move by manufacturer; (c) electronic equipment with no exterior physical damage; (d) objects not movable by standard moving methods; (e) origin/destination building if elevator is not available and/or space during the move is shared with other contractors or building management. Claims for loss or damage must be made in writing within 30-days of move completion or Customer waives the right to any claims. Mesa shall not be liable for any indirect, consequential, special incidental, or punitive damages, including but not limited to loss of use, delay, or lost profits. 203 19 www.mesamoving.com Payment Terms. If credit approved, payment is due in full 30-days from date of invoice. If credit terms are not established, Customer shall pay Mesa’s estimated costs plus 10% no later than 1-day prior to the Planned Move Date and shall pay Mesa for Alternative Measures, Unexpected Circumstances, or Change Orders no later than 3-days after the conclusion of the move. Non-Payment/Collection. Invoices outstanding for more than 30 days will bear interest at the rate of 1½ percent per month (18% APR) on the unpaid balance. If legal counsel is retained to collect monies owed by Customer, Customer shall pay to Mesa reasonable costs of collection, attorneys’ fees, and court costs incurred. Miscellaneous The Agreement (a) includes these Terms and Conditions and the duly executed Mesa Proposal, Bills of Lading and Change Orders; (b) embodies the entire agreement between the parties pertaining to the subject matter hereof and any additions or modifications to this Agreement must be in writing signed by both parties; (c) supersedes all verbal, written and electronic representations, understandings and agreements; and (d) shall be construed as severable, so the invalidity of any provision shall not affect the validity of any other provisions. The parties shall submit to the laws and jurisdiction of Colorado courts for any lawsuit arising out of or related to this agreement regarding any stored or handled items and shall waive the right to a jury trial. The prevailing party shall be entitled to reimbursement of its costs and reasonable attorney’s fees. In the event Customer fails to pay amounts owed to Mesa under this Agreement, Mesa shall be entitled to recover from Customer reasonable attorneys’ fees and costs Mesa incurs in enforcing the provisions of this Agreement. Signature Required Prior to Execution of Services Print Customer Name Date Print Authorized Representative Name Authorized Representative Signature Title 204 20 www.mesamoving.com CARGO VALUATION OPTIONS: Transportation and Storage Mesa Moving & Storage (Mesa) Basic Carrier’s Liability will automatically apply if Customer does not select optional coverage. Option 1 Declared Replacement Value: Mesa’s maximum liability limited to the declared value of cargo in its current used condition. Minimum Declared Value $20,000.00. Option 2 Declared Replacement Value of Specific High-Value Assets’ Inventory List - combined with Basic Carrier’s Liability: Mesa’s maximum liability limited to the declared value per item on High-Value Assets Inventory List only. Mesa’s liability of remaining cargo will be limited to Basic Carrier’s Liability of $0.60 per pound per article. Minimum Declared Value $20,000.00. Option 3 Basic Carrier’s Liability: This Option will automatically apply if Customer does not select optional coverage. Mesa’s liability is limited to a maximum of $0.60 per pound per article. Storage Coverage: In the event cargo goes into storage, Option Selection above will follow cargo. Declared Value Amounts in Option 1 or Option 2 will remain the same and will be billed monthly. Minimum Declared Value $20,000.00. Note: Any damaged item must be available for inspection. Invoice must be paid prior to claim being settled. My signature below indicates the understanding and acceptance of the Cargo Valuation Options as chosen. Print Customer Name Date Print Authorized Representative Name Authorized Representative Signature Title Select Declared Value Amt Deductible Level Cost per $1000 Option 1 Cost Initials -$ -$ 8.50$ -$ -$ 500.00$ 5.00$ -$ -$ 1,000.00$ 2.50$ -$ Select Declared High-Value Amt Inventory List Total Deductible Level Cost per $1000 All Assets Not On High-Value Inventory List Option 2 Cost Initials -$ -$ 8.50$ Covered at $0.60 per lb per article -$ -$ 500.00$ 5.00$ Covered at $0.60 per lb per article -$ -$ 1,000.00$ 2.00$ Covered at $0.60 per lb per article -$ Basic Carrier's Liability No Charge to Customer Initials Mesa's liability is limited to $0.60 per pound per article. Option 1 or Option 2 Declared Value Deductible Level Cost per $1000 Storage Coverage Cost Initials -$ -$ 2.50$ -$ -$ 500.00$ 1.50$ -$ -$ 1,000.00$ 1.00$ -$ Basic Carrier's Liability $0.60 per lb per article N/A N/A N/A 205 21 www.mesamoving.com COMMERCIAL CHANGE ORDER ORDER # Company Name: ___________________________ Date: _____________________ The following conditions or circumstances are beyond the control of the carrier. These items may result in additional charges not included in our original estimate or proposal, and Customer agrees to pay for these services on an Actual Time and Materials basis, based on the rate sheet included in the City of Bozeman contract. 1. Additional services not included in the estimate or proposal: 2. Delays due to conditions or circumstances beyond Mesa control (Dock access, elevator issues, other contractors, etc.): 3. Additional Materials required: 4. Equipment Left On Site: 5. Pricing: Quantity Hours Rate Total Manpower Equipment/ Materials Trucks Total estimated cost Customer Signature: Printed Name & Title: Date: Mesa Lead Supervisor: Signature and Printed Name, please 206 Memorandum REPORT TO:City Commission FROM: Luke Kline, Parks and Recreation Contracts Coordinator Mitch Overton, Parks and Recreation Department Director Chuck Winn, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a First Amendment to the Professional Services Agreement with Stay Green Sprinklers Inc. for Irrigation Maintenance Services in the Parks and Trails District MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION: Authorize the City Manager to sign first amendment to the professional services agreement with Stay Green Sprinklers Inc. for irrigation maintenance services in the Parks and Trails District. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:On June 1, 2020, the Bozeman City Commission approved Resolution 5180 creating the Bozeman Parks and Trails Special District (District). To accomplish the District objectives the City has developed a multi-year District implementation plan designed to achieve steady calculated increases in level of service standards and sustainable maintenance practices in all City Parks. Beginning July 1, 2020 City’s Parks and Recreation Department assumed full responsibility for all of the District’s designated park properties including the addition of 235 acres of park land located within subdivision parks previously maintained by home owners/community associations. In February 2021, the Parks and Recreation Department conducted a request for proposals process to acquire professional services required to maintain parks grounds and landscape areas in the District. After careful evaluation and review, Stay Green Sprinklers Inc. was determined to be the most qualified vendor for Parks and Trails District Irrigation Maintenance Services Zone 2 Parks. On March 23, 2021, the City entered into the Agreement with Stay Green 207 Sprinklers Inc. The Agreement is effective for one year after the date of execution with the option to extend the agreement an additional year upon mutual agreement. Stay Green Sprinklers Inc. has demonstrated the ability to provide comprehensive irrigation maintenance services for the City’s Parks and Trials District and will continue complete services as defined and described in Attachment B: PSA Stay Green Sprinklers Inc. The Attachment A PSA Amendment 1 Stay Green Sprinklers Inc. will extended the Agreement for an additional one year period and shall terminate on March 23, 2023. In no case, however, may this agreement run longer than three (3) years from its effective date. UNRESOLVED ISSUES:None. ALTERNATIVES: As recommended by City Commission. FISCAL EFFECTS: Funding is currently allocated for this maintenance within the FY21 and FY22 budget in the Parks and Trails District Maintenance Fund account. Attachments: Attachment A PSA Amendment 1 Stay Green Sprinklers Inc..pdf Attachment B PSA Stay Green Sprinklers Inc..pdf Report compiled on: February 17, 2022 208 First Amendment to Professional Services Agreement Irrigation Maintenance Services Zone 2 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trails District Irrigation Maintenance Services Zone 2 dated March 23, 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 Stay Green Sprinklers, Inc., PO Box 10461, Bozeman, MT 59719, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Extension of Term. Section 31 Professional Services Agreement between the City and Contractor dated March 23, 2021 (the Agreement) is extended for an additional one (1) year period. The Agreement shall terminate on March 23, 2023. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 209 First Amendment to Professional Services Agreement Irrigation Maintenance Services Zone 2 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 STAY GREEN SPRINKLERS, INC. By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 210 Page 13 of 25 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of March, 2021, by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Stay Green Sprinklers, Inc., PO Box 10461, Bozeman, MT 59719, 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.Effective Date: This Agreement is effective upon the date of execution. 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 Appendix C Maintenance Schedule Zone 2 (IRRIGATION) attached hereto as Exhibit B. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 23rd DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 211 Page 14 of 25 5.Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 212 Page 15 of 25 Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 213 Page 16 of 25 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 214 Page 17 of 25 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: x Workers’ Compensation – statutory; x Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; x Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; x Automobile Liability - $1,000,000 property damage/bodily injury per accident; and x Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 215 Page 18 of 25 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 216 Page 19 of 25 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 Luke Kline, Contracts Coordinator or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 217 Page 20 of 25 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. 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 DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 218 Page 21 of 25 discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 219 Page 22 of 25 17.Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 220 Page 23 of 25 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 of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than three years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 221 Page 24 of 25 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 DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 Jason A Wood President/Owner Jason Wood 222 City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 February 2021 REQUEST FOR PROPOSALS (RFP) PARKS & TRAILS DISTRICT IRRIGATION MAINTENANCE SERVICES ZONE: 2 City of Bozeman Bozeman, MT Exhibit A DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 223 Page 5 of 25 III.SCOPE OF SERVICES If selected a contractor will provide the City with professional expertise to successfully implement the proposed scope of services. The City has provided a summary of the basic maintenance components and site locations to assist in understanding the tasks and maintenance services desired. Specifications are general in nature and not intended to encompass all the projects complexity. Contractor shall become familiar with the specified locations and the needs of each facility to best determine their ability to complete the described maintenance specifications. Additional tasks and work elements may be inserted into the scope of services during contract negotiations with the selected firm. It is also possible that tasks or elements could be removed during negotiations or not included in an initial contract because of regulatory uncertainty, budget limitations, contracting strategy or any combination thereof. Proposals must clearly identify any elements of the proposed scope of services that would not be provided by the prime contractor. Any sub-contractors which comprise the respondent team must be identified along with a description of past working history between the firms. The scope of services includes: 1.Contractor shall be responsible for completion of site specific irrigation system and maintenance services identified and described in Appendix D: Park location Maps Zone 2. 2.Contractor proposals shall include cost associated with delivery of all tasks described in Appendix C: Maintenance Schedule Zone 2 Irrigation and Additional Services listed to be considered for proposal award. 3.Contractor shall provide a fixed cost per item for all services at the frequency designated/described in Appendix C: Maintenance Schedule Zone 2 Irrigation. Maintenance services requested include: a.Irrigation System Startup. b.Irrigation System Winterization. 4.Contractor shall provide a fixed hourly rate for labor cost associated with services described in Appendix C: Maintenance Schedule Zone 2 Irrigation Additional Services. Exhibit A DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 224 Page 6 of 25 Contractor proposals shall provide information on additional callout fees applied for service calls or maintenance related emergencies. Maintenance services requested include: a.Irrigation System miscellaneous maintenance (Labor Only). b.System programming for routine sprinkler cycles (Labor Only). c.Repair/Replacement of irrigation system components. (Labor Only). 5.The final scope of services may change and will be contained in a professional services agreement to be executed by the City and the selected Contractor. Contractor proposals shall include additional explanation if items costs are excluded from the scope of services provided. Landscape services/maintenance are not included in this RFP and will be contracted separately. Exhibit A DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 225 PARK NAME SITE DISCRIPTION LOCATION:MAP/LOCATION (GREEN AREA ONLY) CATTAIL CREEK PARKS A & B TURF: YES/UNK IRRIGATION: YES/UNK Park A: Blackbird Dr. to Warbler Way & South fo Cattail St. Park B: Catron St. to Cattail St. & Blackbird Dr. to Warbler Way. 2-B 1x/year $1x/year $ SANDAN PARK TURF: YES/FAIR IRRIGATION:YES/ME DIUM/FAIR Downy Ln. to Savannah St. & Fen Way to Blackbird Dr. 2-C 1x/year $1x/year $ CATTAIL CREEK PARK PHASE 3 TURF: YES/UNK IRRIGATION: YES/MEDIUM/FAIR Catron St. to Catamount & Blackbird Dr. to Warbler Way.2-D 1x/year $1x/year $ HARVEST CREEK PARK 1-4 TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR W. Oak St. to Durston Rd. & Springbrook Ave. to to N. 27th Ave.2-E 1x/year $1x/year $ WALTON HOMESTEAD PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Corner of 15th Ave. and Juniper St. 2-H 1x/year $1x/year $ WESTGLEN PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Between Drouillard Dr. and Meriweather Ave. at Mendenhall St. 2-I 1x/year $1x/year $ BRIDGER CREEK PARK PHASE 1 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Off Boyland Rd. Park with a pond. 2-K 1x/year $1x/year $ DIAMOND ESTATES PUBLIC PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Oak St. & Agate Ave. Road buffer at Oak & detention pond Area. 2-J 1x/year $1x/year $ OAK SPRINGS PARK TURF: YES/FAIR IRRIGATION: YES N. Ferguson Ave. to Yellowstone Ave. & Renova Ln. to Annie St. 2-K 1x/year $1x/year $ BRIDGER CREEK PARK PHASE 2-3 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR PH. 2: Augusta Dr. off Mcilhattan Rd. PH. 3 Trail corrador Story Mill Dr. to Mcillhattan Rd. & North of St Andrews Dr. 2-L 1x/year $1x/year $ VILLAGE DOWNTOWN PARK TURF: UNK IRRIGATION: YES/MEDIUM/FAIR E-W trail corridor N. Broadway Ave. to Village Crossing Way.2-M 1x/year $1x/year $ BAXTER SQUARE PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Corner of Sartain St. and Renee Way & Baxter Ln. to Sartain St. 2-N 1x/year $1x/year $ WEST WINDS PARK (ALL PHASES) TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Oak St. to Baxter Ln. & Davis Ln. to 27th Ave. 2-O 1x/year $1x/year $ LEGENDS AT BRIDGER CREEK PARK 1 TURF: YES/UNK IRRIGATION: YES/UNK North of Pinicle Star St. 2-P 1x/year $1x/year $ LEGENDS AT BRIDGER CREEK PARK 2 TURF: YES/GOOD IRRIGATION: YES/MEDIU/FAIR Boyland Rd. W. of Pinicle Star St. 2-Q 1x/year $1x/year $ CREEKWOOD SUB PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR End of Creekwood Dr. 2-R 1x/year $1x/year $ CATTAIL LAKE PARK TURF: YES/FAIR IRRIGATION: YES East of Davis Ln. on Troutmeadow Rd. & Blackbird Dr. 2-S 1x/year $1x/year $ PINE MEADOW PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR W. Villard St. between Valley Dr. and Merriwether 2-T 1x/year $ 1x/year $ OAK MEADOWS PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Crabapple Dr. to Juniper St. & N. 14th Ave to N. 12th Ave. 2-U 1x/year $ 1x/year $ Irrigation System labor for miscellaneous maintenance (Labor Only).$ Repair/Replacement of irrigation system components. (Labor Only).$ system programming for routine sprinkler cycles (Labor Only).$ Repair/Replacement of irrigation system components. (Labor Only).$ Additional Services: Fixed Per Hour Rates Service/Discription Per Hour Rates ADDITIONAL COMMENTS Appendix C: Maintenance Schedule Zone 2 (IRRIGATION) IRRIGATION SYSTEM STARTUP : IRRIGATION SYSTEM WINTERIZATION :ADDITIONAL COMMENTS Parks DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 226 CITY OF BOZEMAN BOUNDARY/TOPOGRAPHIC MAP Appendix C: Maintenance Schedule Zone 2 MAP/ LOCATION : OVERVIEW LK 1/21 PARKS MAINTENANCE ZONE 1-3 MAP Exhibit A DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 227 STAYiBREEN SPRINKLERS INC THE WATER CONSERVATION SPECIALISTS February 19, 2021 Jason Wood, President Stay Green Sprinklers, Inc. 406-570-9223 jason@staygreensprinklers.com POB 10461 Bozeman, MT 59719 www.staygreensprinklers.com Exhibit B DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 228 Appendix C: Maintenance Schedule Zone 2 (IRRIGATION) PARK NAME SITE DISCRIPTION LOCATION: MAP/LOCATION IRRIGATION SYSTEM IRRIGATION SYSTEM ADDITIONAL COMMENTS (GREEN AREA ONLY) STARTUP: WINTERIZATION : Parks Park A: Blackbird Dr. to CATTAIL CREEK TURF: YES/UNK Warbler Way & South fo PARKS A&B IRRIGATION: Cattail St. Park B: Catron St. 2-B 1lc/year $S"-Z.S 1x/year $;-is YES/UNK to Cattail St. & Blackbird Dr. to Warbler Way. TURF: YES/FAIR SANOAN PARK IRRIGATION:YES/ME 2-C 1x/year $ 20<> 1x/year $ 1,oO DIUM/FAIR CATTAIL CREEK TURF: YES/UNK $3So IRRIGATION: 2-0 1x/year $��<) 1x/year PARK PHASE3 YES/MEDIUM/FAIR HARVEST CREEK TURF: YES/FAIR IRRIGATION: 2-E 1x/year $;so 1x/year $7So PARK1-4 YES/SMALUFAIR WALTON TURF: YES/FAIR HOMESTEAD PARK IRRIGATION: 2-H 1x/year $1$ 1x/year $t5 YES/SMALUFAIR TURF: YES/FAIR WESTGLEN PARK IRRIGATION: 2-1 1x/year $7S 1x/year $ ,sYES/MEDIUM/FAIR BRIDGER CREEK TURF: YES/FAIR IRRIGATION: 2-K 1x/year $2,c;o 1x/year $'2�0 PARK PHASE 1 YES/MEDIUM/FAIR BRIDGER CREEK TURF: YES/FAIR $'/<>� PARK PHASE 2-3 IRRIGATION: 2-L 1x/year $'-/OO 1x/year YES/MEDIUM/FAIR VILLAGE TURF:UNK IRRIGATION: 2-M 1x/year $/5 1x/year $,s DOWNTOWN PARK YES/MEDIUM/FAIR BAXTER SQUARE TURF: YES/FAIR IRRIGATION: 2-N 1x/year $3oO 1x/year $joo PARK YES/SMALUFAIR WEST WINDS PARK TURF: YES/FAIR (ALL PHASES) IRRIGATION: 2-0 1x/year $J,soo 1x/year $/,�"'' YES/MEDIUM/FAIR LEGENDS AT TURF: YES/UNK BRIDGER CREEK IRRIGATION: 2-P 1x/year $/10 1x/year $/10 PARK1 YES/UNK LEGENDS AT TURF: YES/GOOD BRIDGER CREEK IRRIGATION: 2-Q 1x/year $'3SO 1x/year $JC,o PARK2 YES/MEDIU/FAIR CREEKWOOD SUB TURF: YES/FAIR IRRIGATION: 2-R 1x/year $1,�0 1x/year $1,.�0 PARK YES/MEDIUM/FAIR TURF: YES/FAIR $C'ZS CATTAIL LAKE PARK IRRIGATION: YES 2-S 1x/year $61S 1x/year TURF: YES/FAIR PINE MEADOW PARK IRRIGATION: 2-T 1x/year $/Ou 1x/year $J<;,a YES/SMALUFAIR OAK MEAOOWS TURF: YES/FAIR fZiS PARK IRRIGATION: 2-U 1x/year 1x/year $-zis YES/MEDIUM/FAIR Downy Ln. to Savannah SL & Fen Way lo Blackbird Dr. Catron St. to Catamount & Black.bin::I Dr. to Warbfer Way. W. Oak St. to Durston Rd. & Springbrook Ave. to to N. 27th Ave. Comer of 15th Ave. and Juniper St. Between Drouillard Dr. and Meriweather Ave. at Mendenhall St. Off Boyland Rd. Par!< with a pond. PH. 2: Augusta Dr. off Mcilhattan Rd. PH. 3 Trail corrador Story Mill Dr. to Mcillhattan Rd. & North of St Andrews Dr. E-W trail comdor N. Broadway Ave. to Village Crossina Wav. Comer of Sartain St. and Renee Way & Baxter Ln. to Sartain St. Oak St. to Baxter Ln. & Davis Ln. to 27th Ave. North of Pinicte Star St. Boyland Rd. W. of Pinkie Star St. End of Creekwood Dr. East of Davis Ln. on Troutmeadow Rd. & Blackbird Dr. W. Villard St. between Valley Dr. and Meniwether Crabapple Dr. to Juniper St. & N.14th Ave to N. 12th Ave. Additional Services: Fixed Per Hour Rates Service/Discription Per Hour Rates ADDITIONAL COMMENTS Irrigation System labor for miscellaneous maintenance (Labor Only). $ ,c;ft..r- system programming for routine sprinkler cycles (labor Only). $(� r-"'c:.L-s�, Repair/Replacement of irrigation system components. (Labor Only). $ 7$ /L..r- Exhibit BDocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 229 NONDISCRIMINATION AND EQUAL PAY AFFIRMATION s�'7 b!'r::,eA �r,,..f..la--s I !tvc... (name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer's employees and to all subcontracts. In addition, 'S;f-.y 6('C:...,/\. 9,,.,� /e.krs I lrvc ,(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work "best practices" website, https://equalpay.mt.gov/BestPractices/Employers. or equivalent "best practices publication and has read the material. 4-,d.�,,ores,oh,--+ �d title of person authorized to ;ig� on behalf of submitter Exhibit B DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260 230 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Lance Lehigh, Interim City Engineer SUBJECT:Authorize the City Manager to Sign a Third Amendment with Sanderson Stewart for the Story Mill Road Reconstruction from Bridger to Griffin and Bridger/Story Mill Intersection Improvements Project MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign a third amendment with Sanderson Stewart for the Story Mill Road Reconstruction from Bridger to Griffin and Bridger/Story Mill Intersection Improvements Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of the partially executed Amendment No. 3 with Sanderson Stewart for the Story Mill Road Reconstruction from Bridger to Griffin and Bridger/Story Mill Intersection Improvements Project. The document is in the City’s standard format. Neither the original professional services agreement nor previous amendments for the project included the bidding or construction phase services. The design is now complete and those services will be added by this amendment. The bidding and construction phases are paid on a time and materials basis, so only those hours needed to complete the project will be compensated. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:$95,715.00 from Street Impact Fee Fund (projects SIF116 and 117). Attachments: Bridger Drive and Story Mill Amendment 3.pdf Report compiled on: February 14, 2022 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Director of Community Development SUBJECT:Resolution 5335, Providing for the Annexation of Certain Contiguous Tracts of Land to the Corporate Limits of the City of Bozeman and the Extension of the Boundaries of the City of Bozeman so as to Include said Contiguous Tracts, Known as the 1919 Bridger Drive Annexation, and Authorize the City Manager to Sign the Annexation Agreement and Associated Easements, Application 21123 MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5335 Providing for the Annexation of Certain Contiguous Tracts of Land to the Corporate Limits of the City of Bozeman and the Extension of the Boundaries of the City of Bozeman so as to Include said Contiguous Tracts, Known as the 1919 Bridger Drive Annexation, and Authorize the City Manager to Sign the Annexation Agreement and Associated Easements, Application 21123. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The applicant submitted application 21123 to annex into the City and apply a zoning classification of R-2, Residential Moderate Density, to the subject property. The City Commission held a public hearing on July 20, 2021 and unanimously vote to annex the subject property, subject to terms of annexation. All terms have been met by the applicant, including a signed annexation agreement, map, and legal description. The public hearing packet materials are available on the City Commission agenda for the July 20, 2021 meeting. https://d2kbkoa27fdvtw.cloudfront.net/bozeman/690413b422d9e8696e4fac9b326e24420.pdf UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the Commission. 249 FISCAL EFFECTS:No budgeted funds will be affected by this action. Attachments: Resolution 5335 - 1919 Bridger Annex 21123.pdf Signed Annex Agreement.pdf 1919 Bridger Easement 1.pdf 1919 Bridger Easement 2.pdf 201386 - ANNEX (executed) - 2022.01.25.pdf Report compiled on: February 9, 2022 250 Version April 2020 Page 1 of 3 RESOLUTION 5335 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS THE 1919 BRIDGER DRIVE ANNEXATION, APPLICATION 21123. WHEREAS, the City of Bozeman received a petition for annexation from Matt & Morgan Hausauer requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 0.5557 acres, addressed at 1919 Bridger Drive; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on September 14, 2021; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on July 20, 2021; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on February 7, 2022, the Commission received the executed annexation agreement addressing all recommended terms of annexation; and WHEREAS, the provision of available services, including, but not limited to, streets, rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, 251 Version April 2020 Page 2 of 3 and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written agreement between the City and the Landowner; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such approximately 0.5557 acres, to wit: Legal Description Lots 34, 35, and 36, Ed Vogel Subdivision No. 1, [Plat E-47], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County Montana; and located in the Southeast Quarter of Section 32, Township 1 South, Range 6 ion 32, Township 1 South, Range 6 East, of P.M.M., City of Bozeman, Gallatin County, Montana. And further described as follows: of P.M.M., City of Bozeman, Gallatin County, Montana, and further described as follows: Beginning in the Northwest corner of said Lot 36; thence Easterly 091°41'11", assumed azimuth from North, 74.89 feet along the North line of said Lots 34, 35, and 36 to the Northeast corner of said Lot 34; thence Southerly 181°41'42" azimuth, 322.96 feet along the East line of said Lot 34 to the Southeast corner of said Lot 34; thence Westerly 271°42'55" azimuth, 75.02 feet along the South line of said Lots 34, 35, and 36 to the Southwest corner of said Lot 36; thence Northerly 001°43'05" azimuth, 322.92feet along West line of said Lot 36 to the point of beginning. Area = 24,206 square feet, 0.5557 acres or 2,248.8 square meters. Subject to existing easements. Section 2 The effective date of this annexation is March 1, 2022. 252 Version April 2020 Page 3 of 3 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 1st day of March, 2022. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 253 Inter-office Orisinal to:City ofBozemanCity ClerkPO Box 1230Bozeman,MT 549771-12301919 BRIDGER DRIVEANNEXATION AGREEMENTTHIS AGREEMENT made and entered into thisday of_,2021,by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized andexisting under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue,Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Matthew and Morgan Hausauer,3004 Meah Lane, Bozeman, MT 59718 hereinafter referred to as "Landowner".WITNESSETH:WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referredto as the 1919 BRIDGER DRIVE ANNEXATION situated in Gallatin County, Montana, and moreparticularly described as follows:An area of land comprised described as follows:1919 Bridger Drive and more accurately described as Lots 34, 35, and 36, Ed VogelSubdivision No. 1, [Plat E-47], according to the plat thereof, on file and of record in the officeof the Clerk and Recorder, Gallatin County Montana; and located in the Southeast Quarter ofSection 32, Township 1 South, Range 6 ion 32, Township 1 South, Range 6 East, ofP.M.M.,City ofBozeman, Gallatin County, Montana.More particularly described as: Beginning in the Northwest comer of said Lot 36; thenceEasterly 091°41'11", assumed azimuth from North, 74.89 feet along the North line of said Lots34, 35, and 36 to the Northeast comer of said Lot 34; thence Southerly 181°41'42" azimuth,322.96 feet along the East line of said Lot 34 to the Southeast comer of said Lot 34;thence1919 Bridger Drive Annexation Agreement 1254 Westerly 271°42'55" azimuth, 75.02 feet along the South line of said Lots 34,35,and 36 to theSouthwest comer of said Lot 36; thence Northerly 001°43'05" azimuth, 322.92feet along Westline of said Lot 36 to the point of beginning. Area = 24,206 square feet, 0.5557 acres or 2,248.8square meters. Subject to existing easements.0.5557 acres or 24,206 square feet. Subject to existing easements.All as depicted on the 1919 BRIDGER DRIVE Annexation Map.WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land;andWHEREAS, the 1919 BRIDGER DRTVE ANNEXATION is not within the corporate limits ofthe City or other municipality and may therefore be annexed to the City in accordance with the provisionsof this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; andWHEREAS, all parties recognize the annexation of the 1919 BRIDGER DRIVEANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the 1919 BRmGERDRIVE ANNEXATION to connect to and utilize City services, including municipal water and sewerservice, parks and recreation, fire and police services, and the City's transportation system; andWHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landownercan agree to the provisions of services to the area to be annexed; andWHEREAS, the parties recognize additional development on the 1919 BRIDGER DRIVEANNEXATION will impact area parks, recreation, transportation, police, and fire services, and thatfuture improvenients may require additional public infrastructure sti-eet improvements includingtransportation for traffic circulation and the provisions of parks, recreation, police, and fire services; andWHEREAS, the Landowner finds this Agreement will provide for the most satisfactory anddependable water supply and sewer supply or ser/ice, and provide transportation, parks, recreation,police and fire service for development ofthe 1919 BRIDGER DRIVE ANNEXATION; and1919 Bridger Drive Annexation Agreement2255 WHEREAS, the parties have determined that it is in the best interests of the City and Landowner,and in furtherance of the public health, safety and welfare of the community to enter into and implementthis Agreement.WITNESSETH:IN CONSIDERATION of the mutual covenants and agreements herein contained, the partieshereto agree as follows:1. RecitalsThe above recitals are true and correct.2. AnnexationThe Landowner filed an application for annexation of the 1919 BRIDGER DRIVEANNEXATION with the City on March 24, 2021. By execution of this Agreement, the City manifestsits intent to annex the 1919 BRIDGER DRIVE ANNEXATION tract pursuant to the terms andconditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann.the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 1919BRIDGER DRIVE ANNEXATION. Further, upon the execution of this Agreement, the Landownershall do all things required by this Agreement and all things necessary and proper to aid and assist theCity in carrying out the terms, conditions and provisions of this Agreement and to effect the annexationofthe 1919 BRIDGER DRWE ANNEXATION.3.Services ProvidedThe City will, upon annexation, make available to the 1919 BRmGER DRIVE ANNEXATIONexisting City services only to the extent currently available, or as provided in this Agreement.1919 Bridger Drive Annexation Agreement3256 4. Municipal Water Service DefinedThe term "municipal water service" as is used in this agreement shall be the service which issupplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended,as well as any other terms and conditions which apply to the City's provision of municipal water servicebut does not include the extension of lines or construction of necessary improvements at any cost to theCity for delivery of water to and within the 1919 BRSDGER DRIVE ANNEXATION. Nothing in thisAgreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, andother costs for the delivery of water to or within the 1919 BRIDGER DRWE ANNEXATION to include,but not limited to, any impact fees, hook-up, connection, or development charges which have been ormay be established by the City.5. Municipal Sewer Service DefinedThe term "municipal sewer service" as is used in this Agreement shall be the service which issupplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended,as well as any other terms and conditions which apply to the City's provision of this ser/ice but does notinclude the extension of lines or construction of necessary improvements at any cost to the City forcollection of sewage at and within the 1919 BRH3GER DRIVE ANNEXATION. Nothing in thisAgreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, andother costs for the collection of sewage services to or within the 1919 BRIDGER DRIVEANNEXATION to include, but not limited to, any impact fees, hookup, connection, or developmentcharges which may be established by the City.6. Water and Sewer ConnectionsLandowner understands and agrees that nine (9) months of City Commission approval of theAnnexation Agreement, the existing residence on the property must be connected to City water and1919 Bridger Drive Annexation Agreement4257 sewer utilities. Water and sewer services must be constmcted in accordance with design andspecifications approved by the City prior to the installation of the water and sewer lines. Landownermust contact the City Water and Sewer Superintendent to obtain details of construction requirements.Landowner must notify the City Water and Sewer Superintendent a minimum of 48 hours prior toconstruction of the services and disconnection of the well and septic system abandonment. Landownerfurther understands and agrees that prior to connection to the City water and sewer system, the existingon-site sewage treatment system inust be properly abandoned and certification provided to the CityWater and Sewer Superintendent that the abandonment occurred. The applicant must report theabandonment to the Gallatin City County Health Department. In addition to abandonment of the septictank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank hasbeen completely disconnected from the old septic system prior to connection to the City sanitary sewersystem.Any wells presently used for domestic purposes may be retained for irrigation only, with nophysical connection to domestic water piping. Certification that there is no physical connection betweenan on-site well and the domestic water piping must be provided. The City Water and SewerSuperintendent may perform an inspection of the property and certify that the discomiection of the welland septic system abandonment are properly completed. Landowner understands and agrees that ifLandowner fails to properly abandon the existing system and/or fails to disconnect the existing well fromthe domestic water piping as required herein the City may upon ten day's written notice to the Landownerterminate water and/or sewer services to the property. Costs of all disconnects and/or subsequentreconnects shall be borne by Landowner.1919 Bridger Drive Annexation Agreement5258 7. Water RishtsThe Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieuof water rights shall be provided upon further development or subdivision of the property in accordancewith Section 38.410.130, Bozeman Municipal Code and as may be amended. The amount of water rightsor cash-in-lieu thereof due at the time of further development or subdivision of the property will becalculated based on the annual demand for volume of water the development will require multiplied bythe most current amiual unit price in effect on the date the water rights are transferred or payment-in-lieuof water rights is to be made to the City. As such, the Landowner acknowledges that the rates for cashin-lieu of water rights may increase over time as established by Resolution of the City Commission.Payment of $660.00 for cash-in-lieu of water rights for the existing home on the property is due at thetime of annexation and continues to use the onsite well for all irrigation demand. If the well is abandonedand not used for onsite irrigation the Payment of $1,404.00 for cash-in-lieu of water rights is due at thetime of annexation.8. Comprehensive Water and Water Design ReportPrior to future development of the property the City may require the Landowner to have preparedby a Professional Engineer, at Landowner's sole expense, a comprehensive design report evaluatingexisting capacity of sewer and water utilities in the area. The report must include hydraulic evaluationsof each utility for both existing and post-development demands, and the report findings must demonstrateadequate capacity to serve the full development of the land. If adequate infrastructure capacity is notavailable for the proposed development, the report must identify necessary water or wastewater systemimprovements necessary for the proposed development. If improvements to this water or wastewatersystem are necessary, the Landowner agrees prior to development of the 1919 BREDGER DRIVE1919 Bridger Drive Annexation Agreement6259 ANNEXATION to complete, at Landowner's expense, the necessary system improvements to serve theproposed development.9. Future Development LimitationsThe Landowner shall be responsible for installing all facilities required to provide full municipalservices to the propeity in accordance with the City's Infrastructure Master Plans and all City regulations,policies and guidelines that may be in effect at the time of any future development. Thus, Landownerunderstands and agrees Landowner has no right, either granted or implied, for it to further develop anyof the 1919 BRIDGER DRIVE ANNEXATION until it is verified by the City that the necessarymunicipal services, including but not limited to police and fire protection, parks and recreation,transportation, and sewer and water capacity, are available to all or a portion of the 1919 BRIDGERDRIVE ANNEXATION. Notice is thus provided to the Landowner that prior to additional developmentof the property, the Landowner will be solely responsible for installing, at Landowner's sole expense,any facilities or infrastructure required to provide full municipal services to the 1919 BRIDGER DRIVEANNEXATION in accordance with the City's infrastructure plans, adopted Growth Policies/CommunityPlans, and all other city regulations, policies and guidelines that may be in effect at the time ofdevelopment.10. Stormwater Master PlanLandowner understands and agrees a Stormwater Master Plan for the 1919 BRD3GER DRIVEANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runofffrom public streets and other impermeable surfaces may be required to be provided to and approved bythe City Engineer at the time of any future development. The plan must demonstrate that adequatetreatment ofrunofffrom public streets, other impermeable surfaces, and all future lots will be achievedby providing spot elevations, flow direction arrows, detention and/or retention basin details (including1919 Bridger Drive Annexation Agreement7260 basin sizing calculations and basin typical sections), outlet structure details, and culvert capacitycalculations. The plan must also locate and provide easements for adequate drainage ways within the1919 BRIDGER DRIVE ANNEXATION to transport treated mnoff to the stormwater receivingchannel. The plan shall include site grading and elevation infomiation, typical stormwaterdetention/retention basin and discharge structure details, basin sizing calculations, and stormwatermaintenance plan. Landowner recognizes the City may require such Stormwater Master Plan to beimplemented in all or part as a condition of approval of development of the 1919 BRIDGER DRIVEANNEXATION.11. Waiver of Risht-to-Protest Special DistrictsA. Landowner shall execute a Waiver ofRight-to-Protest Creation of Special ImprovementDistricts or Special Districts for street and transportation improvements including design andengineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainagefacilities for a) Bridger Drive from Story Mill to Boylan Road. The Landowner agrees such SID orspecial districts will provide a mechanism for the fair and equitable assessment of construction andmaintenance costs for such improvements. The waiver is attached hereto as Exhibit "A" and is herebyincorporated in and made a part of this Agreement.B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special ImprovementDistricts or Special Districts for Intersection improvements including lighting, signalization /chaimelization, paving, curb/gutter, sidewalk, and stonn drainage for a) Bridger Drive and Story MillRoad, and b) Bridger Drive and Boylan Road. The Landowner agrees such SID or special districts willprovide a mechanism for the fair and equitable assessment of construction and maintenance costs forsuch improvements. The waiver is attached hereto as Exhibit "B" and is hereby incorporated in andmade a part of this Agreement.1919 Bridger Drive Annexation Agreement8261 C. Landowner agrees that in the event an SID is not utilized for the completion of theseimprovements as described in subsections A and B above, the Landowner shall participate in analternative financing method for the completion of said improvements on a fair share, proportionate basisas determined by the City on the basis of the square footage of property, taxable valuation of the property,traffic contribution from the development or a combination thereof.12. Public Street and Utility EasementsThe Landowner understands and agrees that a public street and utility easement must be providedat the time Landowner returns the signed annexation agreement for an additional 10 feet ofRight-of-Way must be provided along Bridger Drive property frontage as depicted in the BozemanTransportation Master Plan, and thirty feet (30 feet) of right-of-way along the rear of the property(north side) prior to the adoption of Resolution of Annexation. The Right-of-Way must be executedusing the City's standard language.A ten foot private utility easement must be provided along the property's Bridger Drivefrontage as well as along the future local street located at the back of the property prior to theadoption of Resolution of Annexation. The executed easement must be delivered to the CityEngineering Department. The easement must be executed on the City's standard easement form.The Landowner, at its sole expense, has created such easements in a location and form agreeableto the City and the easements will be filed at the Gallatin County Clerk and Recorder's Office. TheLandowner further understands and agrees that additional public street and utility easements may berequired for delivery of municipal services with future development and such easement shall be providedat the Landowner's sole expense.13. Street ImprovementsThe Landowner understands and agrees that at the time of future development the portion of1919 Bridger Drive Amiexation Agreement9262 Bridger Drive and its related transportation infrastmcture fronting the 1919 BRIDGER DRIVEANNEXATION must be improved to a City standard.14. Impact FeesLandowner acknowledges that annexation and development of their property will impact theCity's existing street, water and sewer infrastructure, and the City's fire service. As approved by theCity, the Landowner and its successors must pay:A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, attime of issuance of a building permit.B) Transportation impact fees equal to the amount per Chpt. 1, Art. 6. Div. 9 BMC, or asamended, at time of issuance of a building permit.C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the timeof connection to city water services.D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the timeof connection to city sewer services.The amount of impact fee the Landowner or its successors pay for connection to the city's waterand sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code,as amended, in effect at the time of application for a permit to connect. The amount of street or fireimpact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman MunicipalCode, as amended, in effect at the time an application for building permit is submitted.Landowner further understands and agrees that any improvements, either on-site or off-site,necessary to provide connection of the 1919 BRIDGER DRIVE ANNEXATION municipal services andwhich are wholly attributable to the property as determined exclusively by the city are considered"project related improvements" as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code,as amended, and as such, are not eligible for impact fee credits.If Landowner defaults on this condition at the time such is to be performed, and should defaultnot be remedied or corrected within thirty (30) days after written notice by City to the Landowner andLandowner/Developer of such default. City may at its option:1919 Bridger Drive Annexation Agreement 10263 A) Declare the amounts owing for impact fees immediately due and payable and City shallhave the right and privilege to take legal action against Landowners for the collectionof such sum, including the entry of any judgment. In addition, the City may, at itsoption, enforce payment of such amount by levying an assessment on the property.B) Elect any other remedy available to City under the laws of the State of Montana.15. Charees and AssessmentsLandowner understands and agrees that after this Agreement is recorded the 1919 BRIDGERDRIVE ANNEXATION will be subject to City charges and assessments for arterial and collectorstreets, street maintenance, and tree maintenance on the same basis as all other properties in the City.16. Additional TermsThe parties recognize these documents must be filed and of record with the Gallatin County Clerkand Recorder prior to the sale of any land within thel919 BRIDGER DRIVE ANNEXATION. Theparties further agree that the City may file these documents at any time.17. Governins Law and VenueThis agreement shall be construed under and governed by the laws of the state of Montana. Inthe event of litigation, venue is in the Eighteenth Judicial District Court, in and for County ofGallatin,State of Montana.18. Attorney's FeesIn the event it becomes necessary for either party to this Agreement to retain an attorney toenforce any of the tenns or conditions of this Agreement, then the prevailing party shall be entitled toreasonable attorney's fees and costs, to include the salary and costs ofin-house counsel including CityAttorney.1919 Bridger Drive Annexation Agreement11264 19.WaiverNo waiver by either party of any breach of any term, covenant or agreement shall be deemed awaiver of the same or any subsequent breach of this same or any other term, covenant or agreement. Nocovenant, term or agreement shall be deemed waived by either party unless waived in writing.20. Invalid ProvisionThe invalidity or unenforceability of any provision of this agreement shall not affect the otherprovisions hereof, and this Agreement shall be constmed in all respects as if such invalid orunenforceable provision were omitted.21. Modifications or AlterationsNo modifications or amendment of this Agreement shall be valid unless evidenced by a writingsigned by the parties hereto.22. No AssignmentIt is expressly agreed that the Landowner and/or Landowner/Developer shall not assign thisAgreement in whole or in part without prior written consent of the City.23. SuccessorsThis Agreement shall be binding upon, inure to the benefit of and be enforceable by the partieshereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser ofthe annexed property.24. Covenants to Run with the LandThe parties intend that the tenns of this Agreement shall benefit the 1919 BRIDGER DRIVEANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upontransfer of ownership of the property.1919 Bridger Drive Aimexation Agreement12265 The undersigned Landowner affirms that they have authority to enter into this Agreement and tobind themselves to this Agreement.1919 Bridger Drive Annexation Agreement13266 IN WITNESS WBDEREOF, the parties hereto have caused this agreement to be executed the day andyear first above written.DATED thisz-^day of^^dM\{^(b^\ , 2022.^LANDOWNERi3<^1<Jft-4^^By: M»^thew & Morgan HausauerTitle: OwnersSTATE OF f^DA-^lt/lA )COUNTY OF?d|l^T):ss/\)__ day of <^^^ \/^^/v^\ , 2022, before me, the undersigned, a Notary Publicl^Llacknowle^On thisfor the State of fAo^-Uw^- _, personal^- appeared fAa-H^^o> g.^Jj f^c,n^s.^ f-U^ -S'^^r'known to me to be the landowner that executed the within instnunent, and acknowled'ged to me thatthey executed the same for and on behalf of landowner.D4 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the dayand year first above written.(SEAL)? .'^OTA^^^^,SEAL.^^w!^SHEILA LARSErT'Notary Publicfor the State of MontanaResiding at:Bozeman, MontanaMy Commission Expires:_August 3, 2023".;<'*(?ri»ted/Name Her^fNotary Public for the State ofResiding atMy Commission Expires:(Use 4 digits for expiration year)CITYOFBOZEMAN1919 Bridger Drive Annexation Agreement14267 By: JeffMihelich, City ManagerATTEST:Mike Maas, City ClerkSTATE OF MONTANA ):ssCOUNTY OF GALLATIN )On thisday of.., 2022, before me, a Notary Public for the stateof Montana, personally appeared JeffMihelich and Mike Maas, known to me to the persons describedin and who executed the foregoing instmment as Interim City Manager and City Clerk respectively, ofthe City ofBozeman, whose names are subscribed to the within instrument and acknowledged to methat they executed the same for and on behalf of said City.W WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yearfirst above written.(SEAL)(Printed Name Here)Notary Public for the State of MontanaResiding atMy Commission Expires:(Use 4 digits for expiration year)1919 Bridger Drive Annexation Agreement15268 EXHIBIT "A"WAIVER OF RIGHT TO PROTESTCREATION OF SPECIAL IMPROVEMENT DISTRICTS1919 BRIDGER DMVE ANNEXATIONThe undersigned owner of the real property situated in the County ofGallatin, State of Montana,and more particularly described as follows:1919 Bridger Drive and more accurately described as Lots 34, 35, and 36, Ed VogelSubdivision No. 1, [Plat E-47], according to the plat thereof, on file and of record in the officeof the Clerk and Recorder, Gallatin County Montana; and located in the Southeast Quarter ofSection 32, Township 1 South, Range 6 ion 32, Township 1 South, Range 6 East, ofP.M.M.,City ofBozeman, Gallatin County, Montana.More particularly described as:Beginning in the Northwest comer of said Lot 36; thence Easterly 091°41'11", assumedazimuth from North, 74.89 feet along the North line of said Lots 34, 35, and 36 to the Northeastcorner of said Lot 34; thence Southerly 181°41'42" azimuth, 322.96 feet along the East line ofsaid Lot 34 to the Southeast comer of said Lot 34; thence Westerly 271°42'55" azimuth, 75.02feet along the South line of said Lots 34, 35, and 36 to the Southwest corner of said Lot 36;thence Northerly 001°43'05" azimuth, 322.92feet along West line of said Lot 36 to the point ofbegiiming. Area = 24,206 square feet, 0.5557 acres or 2,248.8 square meters. Subject toexisting easements.0.5557 acres or 24,206 square feet. Subject to existing easements.GST CONSIDERATION of receiving approval for annexation of tfae subject property from theCity of Bozeman, along with accompanying rights and privileges and for other and valuableconsideration, the receipt of which is hereby acknowledged, and in recognition of the transportationimpacts to Bridger Drive from Story Mill Road to Boylan Road which will be caused by the developmentof the above-described property, the owner has waived and does hereby waive for itself, its successorsand assigns forever the right to protest the creation of one or more special improvement districts for thedesign and engineering, construction and maintenance of following improvements: for street andtransportation improvements including design and engineering, paving and subsurface1919 Bridger Drive Aimexation Agreement 16269 improvements, curb and gutter, sidewalk, stormwater drainage facilities for a) Bridger Drive fromStory Mill to Boylan Road.Landowner agrees the City has the sole right to control the design and construction of suchimprovements and may include any of the above components and others necessary to ensure suchimprovements comply with all adopted City infrastructure plans and requirements. Further, theLandowner waives its right or to make any written protest against the size or area or creation of thedistrict be assessed in response to a duly passed resolution of intention to create one or more specialimprovement districts which would include the above-described property.In the event a SID is not utilized for the completion of these improvements, the developer agreesto participate in an alternate financing method for the completion of said improvements on a fair share,proportionate basis as determined by the City on the basis of the square footage of property, taxablevaluation of the property, traffic contribution from the development or a combination thereof.This waiver is made for the benefit of the property described herein shall be a covenant mnningwith the land.The temis, covenants and provisions of this waiver shall extend to, and be binding upon thesuccessors-in-interest and assigns of the Landowner.1919 Bridger Drive Annexation Agreement17270 <^DATED this c^^ day of _^i\\^2022.LANDOWNER^^(^By: Matthew & IVIorgan HausauerTitle: OwnersSTATE OF MONTANA )COUNTY OF GALLATIN):ss^day of(z ^^ <i^t/], 2022, before me, the undersigned, a Notary Public^appeared fA^ \^^^} & yd Mo^^ H^IA FA ^^-^On thisfor the State of Mc,n4-^-n«-known to me to be the landowner that executed the within instrument, and acknowledged to me thatthey executed the same for and on behalf of landowner.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the dayand year first above written.(SEAL)^M^: ^otw^\.^.SEAL •^^-^SHEILA LARSENNotary Publicfor the State of MontanaResiding at:Bozeman, MontanaMy Commission Expires:August 3,2023M^lV/7(fidnted Name Here)Notary Public for the State ofResiding atMy Commission Expires:(Use 4 digits for expiration year)1919 Bridger Drive Annexation Agreement18271 EXfflBIT "B"WAIVER OF MGHT TO PROTESTCREATION OF SPECIAL IMPROVEMENT DISTRICTS1919 BMDGER DRIVE ANNEXATIONThe undersigned owner of the real property situated in the County ofGallatin, State of Montana,and more particularly described as follows:1919 Bridger Drive and more accurately described as Lots 34, 35, and 36, Ed VogelSubdivision No. 1, [Plat E-47], according to the plat thereof, on file and of record in the officeof the Clerk and Recorder, Gallatin County Montana; and located in the Southeast Quarter ofSection 32, Township 1 South, Range 6 ion 32, Township 1 South, Range 6 East, ofP.M.M.,City ofBozeman, Gallatin County, Montana.More particularly described as:Beginning in the Northwest comer of said Lot 36; thence Easterly 091°41'11", assumedazimuth from North, 74.89 feet along the North line of said Lots 34, 35, and 36 to the Northeastcorner of said Lot 34; thence Southerly 18l°41'42" azimuth, 322.96 feet along the East line ofsaid Lot 34 to the Southeast comer of said Lot 34; thence Westerly 271°42'55" azimuth, 75.02feet along the South line of said Lots 34, 35, and 36 to the Southwest corner of said Lot 36;thence Northerly 001°43'05" azimuth, 322.92feet along West line of said Lot 36 to the point ofbeginning. Area = 24,206 square feet, 0.5557 acres or 2,248.8 square meters. Subject toexisting easements.0.5557 acres or 24,206 square feet. Subject to existing easements.IN CONSIDERATION of receiving approval for annexation of the subject property from theCity of Bozeman, along with accompanying rights and privileges and for other and valuableconsideration, the receipt of which is hereby acknowledged, and in recognition of the intersectionimpacts to a) Bridger Drive and Story Mill Road, and b) Bridger Drive and Boylan Road which will becaused by the development of the above-described property, the owner has waived and does herebywaive for itself, its successors and assigns forever the right to protest the creation of one or more specialimprovement districts for the including lighting, signalization / channelization, paving, curb/gutter,1919 Bridger Drive Annexation Agreement19272 sidewalk, and storm drainage for a) Bridger Drive and Story Mill Road, and b) Bridger Drive andBoylan Road.Landowner agrees the City has the sole right to control the design and construction of suchimprovements and may include any of the above components and others necessary to ensure suchimprovements comply with all adopted City infrastructure plans and requirements. Further, theLandowner waives its right or to make any written protest against the size or area or creation of thedistrict be assessed in response to a duly passed resolution of intention to create one or more specialimprovement districts which would include the above-described property.In the event a SBD is not utilized for the completion of these improvements, the developer agreesto participate in an alternate financing method for the completion of said improvements on a fair share,proportionate basis as determined by the City on the basis of the square footage of property, taxablevaluation of the property, traffic contribution from the development or a combination thereof.This waiver is made for the benefit of the property described herein shall be a covenant runningwith the land.The terms, covenants and provisions of this waiver shall extend to, and be binding upon thesuccessors-in-interest and assigns of the Landowner.1919 Bridger Drive Annexation Agreement20273 ^DATED this W "day of_^]^tAL(trL/i , 2022.LANDOWNER^-—-/7//n?^^-By: Matthew & Morgan HausauerTitle: OwnersSTATE OF MONTANA ):ssCOUNTY OF GALLATIN)On this ^?^ day of C?^ ^ ^- ^ ^1 ,2022, before me, the undersigned, a Notary Publicfor the State of ^\.(i^-/-^^ _, persolnallv appeared/L{^^,y a^./H^a^ f'b^U.-^rknown to me to be the landowner that executed the within instrument, and acknowledged to me thatthey executed the same for and on behalf of landowner.•rIN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear first above written.(SEAL)'^',, SHEILA LARS5N,.~'^-^_''u<^\ ^ Notary Publicy^oTAFi/^,^.' \ tor the State of Montana~~- * ': CC-'tV '• *; Residing at:•^•C'C'/^L^--' Bozeman, Montana^Of-ufl^^ MV Commission Expires:^'^'M"?'|~"*' August 3, 20237^^^^(femted Name fiere)Notary Public for the State ofResiding atMy Commission Expires:(Use 4 digits for expiration year)1919 Bridger Drive Annexation Agreement21274 ^<usfts(D>uQ>.•V§(--r~~0CT\guIT)0at4-lH0mssM^0sd-<uxfflCO0<+1sCQb0us^&q §t$.-V^U QIMlri|Ii|II^1IM^ ncdsg>^•s.1=;g0.s^!-ld)^<a s-a ^u0§-^T3=sffl§!=!0<4-1%(U0>.ss0^ <•i-1%-0uu^cn's6Q3TCl(Dt4-ls30JS0p^.-KHDrt01&^.2s^T3t;<u§ ^^&.^0s^cd&<g<+10^m0>-1i^G&D&r^M.&!=!.£°130T3^%^2u<uMOflK!.sscdT3'0T3^Jun<uug£Ms^0G^s0a0^0^ MCS0's<uT3T3u^H §?dSfl^u.2.s0^33^^0aoVl0^3^s^p ^^=!w •-§<u^0s=sss310M0dcoC<-1-s^^0d& u^riffi.y•50^s03g-a£w<uy0M^&<u^ w•su0<uGtn^s-s.s<4-10(~~-<u^t+-i-T3a>^)0I s §1^1s^^cd•J3S3g3s i §rt1110C303 s &0s^d0's0sX)s'sCO§^^s.&(U^s<ucdye^!=!>(U•ses ^=3'0c3^00ds §gum(Ust!11r~~3-sI0)uj"aw<0m1T)r^i^t-mI<4-10"s^0mItA I^0i& 8VJ^ 1z 1I ^:1 JG^^.^Isj^1e§^2I^rM»0a-*.I(^iegri ^sss&•s0HCMm!=1d.sI^(D!=!QGO0<+^sz0<s^g00/u^gs-s<u's's300w<uCS'sa^.s0T3ffl(U^t+^00^^T3u§sdG5 ssPL;0<4-1s0st!ycd_f^&iVIi?s^0m11^1m^1-mm^^I0II0^^ °-i 'sfc 5^ Ip^^ 1.1 I^ ^I a1t^0.§sI.s12^1^c§^2u^ ^§ ^^ ^IXw>0uI^iwtM^^.§ ^•^8VIt<-l0IIs Ij I!rtI.1 I^?!1s SI sI ?'s ^003^^0sI1I1onIgI1II I11i I^3g§bosiIscdI<u's<u•s<+-!&00?^s0VI's!=!'?.£°su^00T3s§<uJS-a3gC/3T3p^§0^^0s)-1H>^0^^%^3^3^!=)<u8suuxcd03<uucn&<u•s^8^^cd>>1gM•ffJ3s!=!M!=!<uC!M0s "s•ffj s&<cd&<u^u.23s-^'s0s>-><4-^01 ^0smus!=!^&<00's•^•s2•?us^222t>0&,"a%s3s•T3•asgJ3sIM^T3cd.s§2s2!=!<u<u00>bJS^suu^uM^x^^^(D2das•G•5s&<u(L>^3s^T3§<u^'s ^£3.^!=!^2i0ao&<•G?&<^C/3wIPlI0i§^I0sII^!y^—<M.275 ^^?<2srts0>•>>.fflffl^r^)s-^^s'•^nt0^c3T3uc^•£P2M(D^'0^fl'<?3Mu^^TJ'< s^(Dffi1-^^c^0!/:IU^5^?i^U1ut=^uu<;IscyiT30<ursits.S£(Us&^p^u^<u^!=>->x0^u^ ^^g yT3&^3^c^2<u<u"££13&M•^~-.u^<u\ .d^^gs•s4-t? 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STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:On July 27, 2020, the City Commission approved the Guaranteed Maximum Price Amendment for Construction of the Bozeman Public Safety Center as a part of the General Construction/Construction Manager agreement. This amendment contains provisions for altering the conditions of the agreement as authorized by the owner (City) to include additional work and credits resulting in a change to the construction contingency of $56,635.87,. The majority of additional costs in this change order are attributed to a modification to the apparatus bay necessitated by change in the fire station door package resulting from the award of an bid alternate and necessary modifications to the plan for additional electrical and sensor installations. This was determined to be a scope gap. The Safety Center budget contains both owner and contractor contingencies to address unforeseen conditions, scope gaps, and owner requested changes. While every reasonable attempt was made to include everything in the original project plans and specs, projects of this size and complexity require changes during construction. The changes included in this request are reasonable and are within existing contingency amounts and overall project budget as authorized by the City Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The net amount of Change Order 16 is within the approved contingency amounts and authorized project budget. Attachments: 282 Resolution_5385 CO16.docx BPSC Job No. 19426 Prime CO 16 R1 signed STL.pdf 19426 Change Estimate Log 02.08.22 reduced.pdf Report compiled on: February 18, 2022 283 Version April 2020 RESOLUTION 5385 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHEREAS,the City Commission did, on July 27, 2020, authorize award of the Guaranteed Maximum Price (GMP) Amendment for Construction of the Bozeman Public Safety Center with Langlas and Associates; and WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such alterations for modification of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations and modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alternates to the GMP Amendment for Construction of the Bozeman Public Safety Center, as contained in Change Order #16, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 8th day of March, 2022. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 284 Version April 2020 ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 285 286 287 Date: 2/8/2022Change Estimate LogCONTRACT SUMMARYCONSTRUCTION CONTINGENCY SUMMARYContract Sum at GMP36,436,485.00$ Construction Contingency at GMP888,695.00$ Project Name:Previously Approved CO's919,397.79$ Previously Approved Adjustment472,600.47$ Bozeman Public Safety CenterCurrent Contract Sum37,355,882.79$ Current Contingency Amount416,094.53$ = Current CO ProposedJob Number: 19426Current Proposed CO118,589.23$ Current Proposed Adjustment33,207.02$ ROM = Rough Order of MagnitudePending CE's124,830.00$ Pending CE's154,336.00$ Potential New Contract Sum37,480,712.79$ Potential Contingency Remaining228,551.51$ CE # Related DocumentPrimeCO #DescriptionPotential Revision for ReviewCurrent CO for Approval Approved AmountPotential Revision to Construction ContingencyCurrent Adjustment to Construction Contingency for ApprovalApproved Adjustment to Construction ContingencyStarting Contract Amount (EWA 1)238,788.00$ -$ 1CoB Permit No. 287011 Provide demolition permit fees by Contractor. Previously listed "by Owner".2,009.57$ 2RTI Invoice 19-47791Provide Hazardous Material Survey and Sample Testing. Previously listed "by Owner".5,225.24$ 3RTI Invoice 19-48232Provide Hazardous Material Air Clearance Testing. Testing previously "by Owner".2,537.25$ 4EWA #1A3Remove buried foundation elements below Building "H", deemed as unforeseen conditions1,270.14$ 5EWA #2A3Concrete and Asphalt Material Crushing, Testing and Survey78,685.26$ 6EWA #34Rouse Avenue Utilities Early Work121,747.67$ 7EWA #3 T&M Work5Miscellaneous Time and Material Work During EWA 3 (NWE Prep, Insulate Water Main, etc.)324.23$ 8EWA #4 Sitework Package5Early Sitework Package Contract Awards and General Conditions3,073,348.35$ 13GMP Exhibit No. 1GMPAdd Building Packages to Contract for Guaranteed Maximum Price32,912,549.30$ (888,695.00)$ TOTALS AT GMP36,436,485.00$ (888,695.00)$ 9L. Evans E-mail 05.05.207Soil Removal and Replacement in Soft Areas in South West Parking Lot Area3,781.06$ 10S. Holt E-mail 05.19.207Hand Compaction of Curb Subbase and Base Due to Conflict with NWE Gas Line3,795.74$ 11ASI 0037Increase in Storm Drain Pipe due to Design Development1,808.20$ 12L. Evans E-mail 07.09.207Soil Removal and Replacement in Soft Areas on West Drive and North Parking Lot Areas10,476.03$ 14PR 01 -Decorative Fencing VENot Accepted15aPR 02 - Civil and Landscape14Modifications to Civil and Landscaping between EWA 4 and Final Design2,329.18$ 15bPR 02 - Fencing16Modifications to Permanent Fencing between EWA 4 and Final Design-$ 16aAddendum 4 / RFI 0068Building Permit Review Comment Changes - Structural Revisions41,163.21$ 16bAddendum 4 and 5 Building Permit Review Comment Changes17GC/CM Agreement §11.37Builder's Risk Insurance75,404.91$ 18PCO 1, 2, 37EWA Permitting and Testing Fees not included with GMP11,724.21$ 19Bid Package 10A / PR 2014Fall Protection Roof Anchors1,790.66$ 31,037.87$ 20Alternate 87 Savings to Split Solar PV from Electrical Subcontractor(9,034.67)$ 21Building Re-Bid 08/07/207 Contract Re-Bid Bid Packages(7,973.95)$ 22Addendum 5 / PR 03 & 03.17Additional Sanitary Waste Plumbing and Backwater Valve Resulting from Building Permit Review37,151.70$ 23PR 048Replace KS-3 Faucets in Family Care 100F & Kitchenette 105A with Touch-Free KS-4 Faucets595.47$ 24RFI 0237Insulation Cover Protection Over Sand Oil Separator Vault and Inlet Pipe2,950.12$ 25RFI 02411 Reduction of Embed Studs(2,002.28)$ 26aBuilding Re-Bid 08/07/2016Contract BP 8A Doors & Hardware Supply(1,015.27)$ 26bBuilding Re-Bid 08/07/2016Contract BP 8C Overhead Doors Alternate 42,262.34$ 27RFI 033 9Embed Plates at Bottom of All Brace Frame Footings22,855.51$ 28RFI 0208Foundation Wall Thickness Change at Stair 3 Alcove661.43$ 29ASI 0108Revised Foundation Wall Height at Area A684.20$ 30ASI 016 8PD Open Office Electrical and Technology Revisions4,516.68$ 31RFI 0679Modify Fitness Storage Room Doors with Louver Grilles137.62$ 32RFI 039b / PR 069Wall & Casework Modifications in Open Office 110971.25$ 33PR 058Ceiling and Electrical Revisions2,170.33$ 34Building Permit Schedule Extension for Permit Review Delay55,593.97$ 35aRFI 04212Area A Entry Footing Change4,780.40$ 35bRFI 066, ASI 01912Area D Entry Footing Change4,043.52$ 36Anodized Aluminum VE8Revise Aluminum Storefront, Curtainwall, Automatic Sliding Entrances and Windows to Anodized(11,117.65)$ 37Sheet L-002 Note 211Drilling of Irrigation Well14,342.82$ 38RFI 05710Electrical Room 148B Changes (Elimination of Panel, relocate circuiting, reduced panel rating)(2,558.34)$ 39RFI 043-Glycol Concentration Discrepancies for AHU-2, AHU-3 and ERV-1Closed40RFI 08913Screened Rock for Interior Backfill and Slab Prep4,290.93$ 41aPR 08a - Rough-in13PD Interview Rooms Building Security System Coordination with Getac Video Solutions8,262.16$ 41bPR 08a - Cameras14PD Interview Rooms Building Security System Coordination with Getac Video Solutions54,472.36$ 42PR 0910Modified Furniture Layout in Digital Forensics Room 142E2,195.67$ 43PR 10-Changes to FD Wardrobe ClosetNot Accepted44PR 079Additional Exterior Electrical Outlets714.47$ Approved by C.Winn via phone call 06/04 with L.CantrellSent to T1 for review 04/15/21Drilling of the well not included in GMP.RFI response revised so there would be no cost change.Sent to T1 for review 8/5/21Due to ceiling height change, CoB opted to forgo. OAC 04/01/21Building mounted receptacles, only, approved.Closed 11.19.20 OAC. Savings $26,115.98.Approved 10/29/21 OACDiscussed 03.04 and approvedInadvertently not included with GMP document.See Allowance Log.Approved 1/6/22 Cost OACSent to T1 for review 04/15/21Pricing options from AVI and LONG submitted to T1 10/25/21City of BozemanLanglasCommentsTracked T&M.Negative amounts to Const. Contingency mean funds added.Tracked T&M.2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005288 CE # Related DocumentPrimeCO #DescriptionPotential Revision for ReviewCurrent CO for Approval Approved AmountPotential Revision to Construction ContingencyCurrent Adjustment to Construction Contingency for ApprovalApproved Adjustment to Construction ContingencyComments45Bid Package 31 Allowances13Material Off-Haul and Structural Fill Import Beyond Contract Allowances27,567.69$ 46RFI 06512Revision and Rework of Area D Wall - Along GL D.2 at V-190927.33$ 47ASI 2410Modification of Hand Rail Design and Installation3,658.57$ 48ASI 2810VAV Schedule Revisions(781.79)$ 49RFI 0719Horizontal Joint Reinforcement in 8M-1 and 12M-3 Wall Types(5,746.15)$ 50PR 1114Courtroom AV7,552.47$ 51CASE Testing10Masonry Grout Comparison Testing6,908.07$ 52Sub.05 3100-01 / RFI 05011Credit to Omit Primer on Underside of Deck at Non-Exposed Areas(11,837.15)$ 53Bid Package 7E11Add Vapor Barrier at Exterior CMU Walls72,264.70$ 54PR 12-FD Kitchen Dishwasher/Sanitizer AdditionNot Accepted55RFI 10915Increase Roof Drain Pipe Sizing from 4" to 6"3,249.62$ 56Master Budget Reconciliation10Move Builder's Risk Insurance from Contractor Contingency to Owner Change75,404.91$ (75,404.91)$ 57PR 1313Drive Approach Sleeves to Future NWE Overhead Line Relocation5,519.52$ 58Allowance 210Add to Winter Conditions Allowance380,000.00$ 200,000.00$ 59ASI 40 / Submittal #611116Revised Masonry Veneer Ledger Angle Details13,628.41$ 60RFI 03212Revised Brick Ledge at Grid A.41,074.82$ 61PR 1412Fire Department Gear Dryer (Electrical Modifications)867.04$ 62PR 1513Fire Department Conference Room Second Display and Screen Size Increase3,495.16$ 62aPR 15 Correction15Credit Duplicate Screen Cost from Prior CE(642.15)$ 63PR 16holdSuper Graphics3,893.39$ 64ASI 3912Second Level Floor Box Locations(977.88)$ 65ASI 43a-Masonry Mechanical Chase Opening in Area D Grid 2.7 WallClosed66PR 1713FD GPS Repeater Infrastructure2,627.73$ 67PR 1813Future Judge Restroom RR-251 Plumbing Rough-in2,697.87$ 68PR 18-Future Judge's Office 251 and Judge Restroom RR-251 Shell Fit OutNot Accepted69RFI 19913Add (2) Dedicated Circuits for AV Racks in Briefing Room 122 and Storage ST-1051,241.74$ 70Open71Spec 27 5319, 28 3201, T-006 In-Building Wireless Systems154,336.00$ 72Solar PV Array Upgrade13Upgrade Solar Panel Array from 50kW to 250kW255,842.11$ 73NWE Work Outside Contract15Sitework Reclamation after NWE Permanent Service Install1,472.46$ 74PR 20-Combined with CE 7275PR 2113Dual Data Port at Police Dept Canopies657.83$ 76ASI 4813Steel Sheathing Wall Assembly Revisions(14,237.86)$ 77PR 1913Courtroom Casework Revisions3,358.37$ 78PR 2213FD Cleaning (Rm. 154C) - Electrical Updates(279.78)$ 79PR 2316South Lobby Furring Wall5,427.57$ 80PR 24-Armory Counter and Shelving ExtensionAccepted81RFI 17915Added Angle and Plate Steel at Courtroom Clerestory Walls1,587.10$ 6,889.29$ 82Bid Package 9A, VE Price 1-Eliminate Drywall Z-Reglet DetailsClosed83Bid Package 13A / PR 2815Facilities Storage Building Revised Design(11,528.53)$ 84PR 25holdLandscape Boulders at South Staff Entry15,069.65$ 85Irrigation Well13Credit for Actual Well Development Depth and Pump Electrical Disconnect(1,200.92)$ 85aIrrigation Well Credit Correction15Correct Pump Electrical Disconnect Credit603.08$ 86Submittal 48615Raceway and Box Rough-In for Four-Fold Door Control Wiring40,793.71$ 87Bid Package 9D14Replace Flooring Subcontractor84,000.19$ 88ASI 56-Four Fold Door Control Box and Pilaster CoordinationClosed89PR 26-Delete Window Film and add Black-out Roller Shade at Evidence Pick-Up WindowNot Accepted.90Bid Package 31 Allowance Material Off-Haul Beyond Contract Allowance (August 2021 through December 2021)holding91ASI 5714PD Records HD Storage Area Change to Workstations5,365.26$ 92RFI 207.1 Change Open Office 110 East Wall TVs from Ceiling Mount to Wall Mount93Bid Package 9C16Contract No-Bid Acoustic Ceiling Tile and Wall Panels Bid Package106,563.05$ 94RFI 216 / Insp. Report 9.9.2115Additional Welding from Relief Angle to Steel Stud Framing8,349.79$ 95RFI 22214Add Remote Operators to SRG-1 Courtroom Return Grilles5,777.53$ 96RFI 171Entry Vestibule HSS Spacers97PR 2716Fire Station Alerting System Revisions4,648.10$ Rev 1 sent to T1 for review 1/14/2298ASI 61-Apparatus Bay StripingClosedLanglas agreed to cover this cost along with whole floor epoxy.99PR 2915Remove Elevator Power Module and Cab Light Disconnects(11,539.42)$ Approved 12/9100ASI 6316Add Brick Veneer Ledger Angle at FD Vestibule East Exterior Wall1,680.36$ Sent to T1 for review 01/25/2022.101ASI 6416Elevator FACP Cabling364.37$ Rev 1 sent to T1 for review 1/14/22102RFI 23616Add Parapet Cap Flashing at Area D Roof Screen Walls921.05$ Sent to T1 for review 12/6/21.103RFI 195-Change Service Window to Painted Black FinishNot AcceptedClosed 12/09/21 OAC.104PR 30Chair Rail Wall Protection11,149.62$ T1 to review Mike G. and advise before final approval.105Open106RFI 178 / ASI 49 / RFI 230 Interior Wall Framing Changes and Coordination107Open108RFI 228Infrastructure and Cabling for Motorized Shade Control Wiring17,952.05$ Submitted to T1 1/31/22Sent to T1 for review 10/28/21; discussed 10/29/21. T1 will review with ACE.Sent to T1 7/28/21 for review.Approved 1/6/22 OAC.Sent to T1 for review 04/15/21Approved in 06/10/21 OAC.Revised, submitted to T1 06/24/21 for review.WithdrawnApproved in 06/10/21 OAC.Not to Exceed shared cost between Owner and Contingency.Sent to T1 for review 12/02/21Approved in 06/10/21 OAC.Approved in 06/10/21 OAC.Not Accepted.Approved by CoB during 12/16/21 OACApproved 09/02/21 OAC.Sent to T1 for review 12/3/21.Approved 01/25/2022 OACLL and T1 addressing separately from the contract.50/50 split Const. Contingency and Contractor Out-of-PocketApproved 10//14/21 OACRecharge Construction Contingency per CE#37, above.Submitted to T1 for review 12/2/21.Hold for now OAC 8/5/21Likely public areas only. Revisit closer to turnoverDiscussed 12/9 OAC. Split plate and angle.Due to schedule progression, Bid Time VE credit cannot be taken.Approved in 06/10/21 OAC.Sent to T1 8/4 for review.Sent to T1 8/12/21Not Approved. OAC 05/06/21Originally shown on Owner side of Master Budget Sheet.ROM. $1,533.40. Final cost to be incorporated into BP 12B.Per 06/10/21 OAC, do not price.Sent to T1 for approval 03.22.212270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005289 CE # Related DocumentPrimeCO #DescriptionPotential Revision for ReviewCurrent CO for Approval Approved AmountPotential Revision to Construction ContingencyCurrent Adjustment to Construction Contingency for ApprovalApproved Adjustment to Construction ContingencyComments109Sheet T-002, Note O16Data Sleeves for Low Voltage Systems Not Specifically Shown on Technology Drawings15,877.84$ Approved 01/25/2022 OAC110Bid Package 12B16Contract Revised Scope for Stainless Steel Countertops, Shelving and Wall Panels22,534.82$ 1,438.43$ Approved 01/25/2022 OAC111RFI TBD Delete West Daylighting Tube in Room 230(1,363.50)$ 112RFI 250Power Provisions for Ultraviolet Light Emitters for AHUs and ERVs113RFI 231Generator Fuel Supply DesignTOTALS POST GMP124,830.00$ 118,589.23$ 919,397.79$ 154,336.00$ 33,207.02$ 472,600.47$ 2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005290 Change Estimate Report Project: Bozeman Public Safety Center CE No:15b Project # 19426 Revision #1 Change Source: PR 02 - Fencing Date:12/10/2021 Description:Modifications to Permanent Fencing between EWA 4 and Final Design Category Quantity Unit Unit Cost Total -$ 02H.0270 1 sum 2,770.00$ 2,770.00$ 02H.0270 Not Accepted 3,160.00$ -$ -$ -$ -$ -$ -$ -$ -$ 02H.0270 (1)sum 2,770.00$ (2,770.00)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL -$ GC/CM Business Insurance 0.625% -$ CM Fee 3.2% -$ Bond 1.0% -$ -$ VE Option Description ADD Utility Yard Fencing Revisions Fire Department Patio Montage 4'-0" Fence Revise fence line to extend to intersect with existing (base-bid) fence line running north-south. in lieu of 15'-0" return to building. TOTAL 291 Montana Fence 5400 Thorpe Rd Belgrade, MT 59714 Phone: 406-924-4802 6-Oct-21 Attn:Bid Coordinator BPSC PR-01&02 We propose to bid the following items: Item #Item Description Unit Quantity Unit Price Total PR-01 Extend Impasse II Fencing 8' 6" by Facilities LS 1.00 $2,770.00 $2,770.00 on North End of Project $0.00 PR-02 Install 2 Rail Genesis incidental to PR-02 LS 1.00 $3,160.00 $3,160.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Fence Price:$5,930.00 Bid Excludes: Staking, Grading, Major Clearing, Grubbing, Spoils Removal, Coring, Concrete Flatwork, Electrical, Traffic Control, Access Controls, Temp Fence, Signage (Unless otherwise noted above) If you have any questions, please feel free to contact me at 406-217-6713. Sincerely, Jonathon Likes 292 1 Elizabeth Oliver From:jon@bridgerfence.com Sent:Thursday, December 9, 2021 3:14 PM To:Elizabeth Oliver Subject:RE: BPSC Proposal Request 1 and 2 Attachments:Drawings-Montage Plus Genesis.pdf Categories:Bozeman Safety Center This change would more or less be a wash. Sincerely, Jon Likes General Manager Montana Fence 5400 Thorpe Rd. Belgrade, MT 59714 Phone: 406-924-4802 Web: www.montanafence.com From: Elizabeth Oliver <elizabeth@langlas.com> Sent: Thursday, December 9, 2021 3:01 PM To: Jonathon Likes <jon@bridgerfence.com> Subject: RE: BPSC Proposal Request 1 and 2 Jon, When will you have some time to send over this revised pricing? I also still need a cutsheet of the 4’ Montage 2 rail Genesis fence by the Fire Department patio. Please and thank you! Beth Oliver Project Manager Langlas & Associates, Inc. Direct: (406) 577-1258 Cell: (319) 899-0218 From: Elizabeth Oliver Sent: Friday, October 29, 2021 10:47 AM To: Jonathon Likes <jon@bridgerfence.com> Subject: RE: BPSC Proposal Request 1 and 2 Jon, Just got out of a meeting with the City on this change order. The City is interested in the cost change (hopefully a wash or credit), if they were change the fence layout per the mark-up below. Let me know. Thanks, 293 2 Beth Oliver Project Manager Langlas & Associates, Inc. Direct: (406) 577-1258 Cell: (319) 899-0218 294 Change Estimate Report Project: Bozeman Public Safety Center CE No:26a Project # 19426 Revision # Change Source: Building Re-Bid 08/07/20 Date:1/17/2022 Description:Contract BP 8A Doors & Hardware Supply Category Quantity Unit Unit Cost Total -$ 08A.0810 1 sum 468,000.00$ 468,000.00$ 08A.0810 1 sum 1,032.00$ 1,032.00$ -$ -$ -$ -$ -$ -$ 08A.0810 (1) sum 470,000.00$ (470,000.00)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL (968.00)$ GC/CM Business Insurance 0.625% (6.05)$ CM Fee 3.2% (31.17)$ Bond 1.0% (10.05)$ (1,015.27)$ Description ADD Bid Package 8A - Starting Allowance Bid Package 8A - Doors & Hardware Ultd. HM Frame Electrical J-Boxes DEDUCT TOTAL 295 Allowance Spending Report Project: Bozeman Public Safety Center Allowance No:6 Project # 19426 Date Updated:11/23/2021 Description:Bid Package 8A - Doors and Hardware Starting Allowance Amount: 470,000.00$ Category Quantity Unit Unit Cost Total -$ 08A 1 sum 468,000.00$ 468,000.00$ 08A 8 ea 24.00$ 192.00$ 08A 12 ea 24.00$ 288.00$ 08A 11 ea 24.00$ 264.00$ 08A 6 ea 24.00$ 144.00$ 08A 6 ea 24.00$ 144.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTAL 469,032.00$ Description ADD Doors and Hardware Unlimited BP 8A Bid MT Doorways Plus 19344 - 6" Electrical Box MT Doorways Plus 19591 - 6" Electrical Box MT Doorways Plus 20089 - 6" Electrical Box MT Doorways Plus 20786 - 6" Electrical Box MT Doorways Plus 20960 - 6" Electrical Box 296 297 298 299 Change Estimate Report Project: Bozeman Public Safety Center CE No:26b Project # 19426 Revision # Change Source: Building Re-Bid 08/07/20 Date:1/17/2022 Description:Contract BP 8C Overhead Doors Alternate 4 Category Quantity Unit Unit Cost Total -$ 08C.0830 1 sum 2,157.00$ 2,157.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 2,157.00$ GC/CM Business Insurance 0.625% 13.48$ CM Fee 3.2% 69.46$ Bond 1.0% 22.40$ 2,262.34$ TOTAL Add contract amount for Kaufmann Overhead Doors Alternate 4 pricing that was not included with CE 21 when Bid Package 8D allowance was closed and GMP adjustment occurred. Description DEDUCT FROM CONTINGENCY Kaufmann OH Door Alternate 4 300 Change Estimate Report Project: Bozeman Public Safety Center CE No:21 Project # 19426 Revision # Change Source: Building Re-Bid 08/07/20 Date:8/10/2020 Description:Contract Re-Bid Bid Packages Category Quantity Unit Unit Cost Total -$ 07D.0790 1 sum 98,200.00$ 98,200.00$ 08C.0830 1 sum 320,317.00$ 320,317.00$ 08D.0880 1 sum 43,508.33$ 43,508.33$ 13A.1300 1 sum 58,372.00$ 58,372.00$ -$ -$ -$ -$ -$ 07D.0790 (1)sum 108,000.00$ (108,000.00)$ 08C.0830 (1)sum 310,000.00$ (310,000.00)$ 08D.0880 (1)sum 10,000.00$ (10,000.00)$ 13A.1300 (1)sum 100,000.00$ (100,000.00)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL (7,602.67)$ GC/CM Business Insurance 0.625% (47.52)$ CM Fee 3.2% (244.81)$ Bond 1.0% (78.95)$ (7,973.95)$ Bid Package 13A - Sievert Construction Description ADD DEDUCT Bid Package 7D - Starting Allowance Bid Package 8C - Staring Allowance Bid Package 8D - Starting Allowance TOTAL Bid Package 7D - Langlas & Associates Bid Package 8C - Kaufmann's Overhead Door Bid Package 8D - Clearview Solutions Bid Package 13A - Starting Allowance 301 302 303 304 305 306 307 308 309 Project: Bozeman Public Safety Center CE No:59 Project # 19426 Revision #3 Change Source: ASI 40 / Submittal #6111 Date:1/28/2022 Description:Revised Masonry Veneer Ledger Angle Details Category Quantity Unit Unit Cost Total -$ 05A.0510 1 sum 1,360.12$ 1,360.12$ 06A.0610 1 sum 11,633.74$ 11,633.74$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 12,993.86$ GC/CM Business Insurance 0.625% 81.21$ CM Fee 3.2% 418.41$ Bond 1.0% 134.93$ 13,628.41$ TOTAL Description DEDUCT FROM CONTINGENCY Change Estimate Report Added Veneer Relief Angle Steel Stud Blocking, Welding and Clips 310 Project No: PMN0382 NOC No.: Proj. Name: To:LANGLAS CC: ATTN:Russel Pierce/ Sam Holt 1019 E Main St. Suite 101 Bozeman, MT 59715 Subject: Change Requested By:Sent Via:email Description of Change:Pricing Valid for:30 days (Taxes NOT Included) (Taxes NOT Included) -$ (Taxes NOT Included) 3,086$ (Taxes NOT Included) 6 (Taxes NOT Included) A signature below indicates acceptance of all changes shown herein. Any work associated with this change will begin upon receipt of a signed copy of this N.O.C. in our office. Accepted By TrueNorth Steel Date:PMN0382 CO #: 3/1/2021 rev 6.15.21 11 Revised Contract Amount: Outstanding Changes Pending Approval: J. Chiono ADDED WORKING DAYS Total All Previous Price Changes: DUE TO CHANGE Subtotal (Price+All Previous Changes): PRICE OF THIS CHANGE: ASI 40 Revised jchiono SCHEDULE INFORMATION Original Price: Bozeman Public Safety Zone Date: #N/A #N/A Notification of Change 11 Added per ASI 40 Added weld, 2/S404 (this assumes weld is along south and west perimeter) $1485 Additional ledger material & labor: $1171 POH+T 311 VENEER SUPORT ANGLE AS INDICATED BYGREEN LINE AND CALLED OUT AS PART OFCONSTRUCTION DOCUMENTS BY NOTE 4UNDER MASONRY VENEER NOTES ONSHEET S-001RELIEF ANGLE = 3.33'+4' = 7.33 FTADDED RELIEFANGLE INDICATEDBY RED312 ADDED RELIEFANGLE INDICATEDBY REDVENEER SUPORT ANGLE AS INDICATED BYGREEN LINE AND CALLED OUT AS PART OFCONSTRUCTION DOCUMENTS BY NOTE 4UNDER MASONRY VENEER NOTES ONSHEET S-001RELIEF ANGLE = 8.33'+4'+4.67' = 17 FT313 RELIEF ANGLE = 8'+4.67'+3.33'+4'+6.33' = 26.33 FTADDED RELIEFANGLE INDICATEDBY REDVENEER SUPORT ANGLE AS INDICATED BYGREEN LINE AND CALLED OUT AS PART OFCONSTRUCTION DOCUMENTS BY NOTE 4UNDER MASONRY VENEER NOTES ONSHEET S-001314 SUBCONTRACTOR:LANGLAS - FRAMING CONTACT:ELIZABETH OLIVER ADDRESS:1019 E. MAIN ST SUITE 101 PROJECT ADDRESS:901 N ROUSE AVENUE PHONE:BOZEMAN, MT 59715 BOZEMAN, MT 59715 FAX:406-585-4110 THIS IS IN RESPONSE TO:ASI 40 CCD #: CONTRACTOR:LANGLAS & ASSOCIATES RFI #: PROJECT MANAGER REQUESTED FROM:THINKONE ARCHITECTS ADDRESS:1019 E. MAIN ST SUITE 101 ON DATE:12/10/2021 BOZEMAN, MT 59715 SUBCONTRACTOR COR #:3 rev 1 PHONE:406-585-3420 FAX:406-585-4110 DESCRIPTION:Labor and materials for additional studs, clips and blocking for revised ledger angle attachment details. Includes light guage steel stud blocking to vertical stud welding, only. DRAWINGS:S-309, S-400, S-404 Trade Description QTY Unit Unit Price Taxes Total Cost SUBCONTRACTORS: Paradigm Contractors 80 manhours 75.00 $6,000.00 $0.00 $0.00 Description Hours Rate Labor Amt. Burden Total Cost LABOR: Carpenter 67.00 - included w/ rate $0.00 Labor 4 46.00 184.00 included w/ rate $184.00 Field Engineer 20 80.00 1,600.00 included w/ rate Not Charged Description QTY Unit Unit Price Taxes Total Cost MATERIAL: PLC4-750 Bypass Clips (CWallA) -900 ea 3.51 -$3,159.00 AC750 Bypass Clips (CWallA) 900 ea 2.50 $2,250.00 Power Actuated Fasteners/Shots 3600 ea 0.75 $2,700.00 CWalla Fire Block 250 ea 8.39 $2,097.50 $0.00 Description QTY Unit Unit Price Taxes Total Cost EQUIPMENT:$0.00 $0.00 $0.00 $0.00 CREDITS: SUBTOTAL:$10,072.50 OVERHEAD: 10% $1,007.25 PROFIT : 5% $553.99 GRAND TOTAL: $11,633.74 NOTES: Subcontractor (Paradigm) labor includes additional welding of studs and blocking per 3/S-309, and additional labor time for added clip fasteners. (4) more fasteners required at each clip location. (4) Labor hours to trim off AC750 clips that extend above SOD pour stop. SUBCONTRACTOR CHANGE ORDER REQUEST BOZEMAN PUBLIC SAFETY CENTER PROJECT NAME: 315 101 East Main – Studio One Bozeman, Montana 59715 phone: 406.586.7020 fax: 406.586.8470 ARCHITECTURAL SUPPLEMENTAL INSTRUCTIONS Project Name: Bozeman Public Safety Center Project No.: 1825 Location: Bozeman, Montana ASI No.: 40 Owner: City of Bozeman Contractor: Langlas & Associates 121 North Rouse Avenue 1019 East Main Street Bozeman, Montana 59715 Bozeman, Montana 59715 The Work shall be completed in accordance with the following supplemental instructions issued in accordance with the Contract Documents without change to the Contract Amount or Contract Time. SUPPLEMENTAL INSTRUCTIONS: 1. See attached plan view for revisions to exterior curtain wall framing in Area A on the south and west sides. See Sheet S-102a and Detail 2/S-309. 2. Detail 3/S-309 provides clarification on the connection of the brick veneer ledger angle at the bottom of the curtain wall. 3. In previous Cold Formed Metal Framing submittal, PLC4 curtain wall clips were approved. At steel stud curtain walls supporting brick veneer, AC curtain wall clips must be installed. See Detail 2/S-404 for all requirements. ATTACHMENTS: SHEET S-102a SHEET S-309 – Detail 2/S-309 and Detail 3/S-309 SHEET S-400 – Detail 2/S-400 SHEET S-404 – Detail 2/S-404 SHEET A-639 - Detail 6/A-639 ThinkOne/MMI Jon Wirth/Nate Menuez Feb 17, 2021 ISSUED BY (CONSULTANT) AUTHORIZED AGENT DATE By proceeding with the Work in accordance with these instructions, the Contractor acknowledges that there will be no change to the Contract Amount or Contract Time. 316 DN DN DN DN A.15A.13A.11A.10A.8 A.14A.12A.9A.7A.6A.5A.4A.3A.1 1.17 1.16 1.14 1.13 1.11 1.10 1.4 1.3 1.6 1.5 3' - 6"13' - 0"5' - 8"10' - 0"10' - 4"4' - 8"5' - 8"2' - 0"10' - 10"2' - 0"6' - 6"8"18' - 8"2' - 0"6' - 4"8"102' - 6"4' - 10"6' - 8"14' - 8"18' - 0"15' - 4"19' - 4"17' - 4"18' - 0"18' - 0"12' - 0"18' - 0"18' - 0"18' - 0"18' - 0" 216' - 2"W21X57 [C2]W21X55 [C1] W18X46 [C1]W18X46 [C1]W24X103 [C2]W21X44 [C1] W21X44 [C1] W21X44 [C1]W27X94 [C2]W27X94 [C2]W27X94 [C2]W16X26 [C1] W16X40 [C1] W16X26 [C1] W16X40 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1]W16X26 [C1] W16X26 [C1]W16X26 [C1] W16X26 [C1] W16X26 [C1]W21X57 [C2]W21X57 [C2]W16X26 [C1] W18X46 [C1] W16X26 [C1] W18X46 [C1]W21X44 [C1]W18X46 [C1]W21X55 [C2]W21X62 [C2]W16X26 [C1] W16X26 [C1] W16X26 [C1] W21X50 [C1]W18X50 [C2] W18X50 [C2]W21X44 [C2] W21X44 [C2]W18X50 [C2]W18X50 [C2]W12X26 [C2]W24X76 [C2]W12X26 [C2]W16X26 [C1] W16X26 [C1]W16X26 [C1] W16X40 [C1] W16X26 [C1] W18X46 [C1] W18X46 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W21X44 [C1] W18X46 [C1] W18X46 [C1] W21X44 [C1] W16X26 [C1] W16X26 [C1] W21X44 [C1] W16X26 [C1] W18X46 [C1] W18X46 [C1] W18X46 [C1]W18X46 [C1] W21X44 [C1] W16X40 [C1] W16X26 [C1] W16X40 [C1] W16X40 [C1] W16X40 [C1] W16X40 [C1] W16X26 [C1] W16X26 [C1] W21X50 [C1] W21X50 [C1] W21X50 [C1] W21X44 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W21X83 [C1] W16X26 [C1] W16X26 [C1] W18X46 [C1]W18X46 [C1] W16X26 [C1] W24X62 [C1] W16X40 [C1] W16X26 [C1] W16X26 [C1] W27X94 [C1] W16X26 [C1] W16X40 [C1]W16X40 [C1] W16X26 [C1] W27X94 [C2] W27X94 [C2] W27X94 [C2] W18X46 [C1]W18X46 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X40 [C1] W21X44 [C1] W21X44 [C1] W16X26 [C1] W21X44 [C1]W24X76 [C2]W18X50 [C2]W18X50 [C2]W18X46 [C2]W21X55 [C2]W21X44 [C1] W21X44 [C1] W16X26 [C1] W16X26 [C1] W16X40 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1]W16X26 [C1]W16X26 [C1] W16X26 [C1]W16X26 [C1] W18X46 [C1] W16X26 [C1]W16X26 [C1] W18X46 [C1] W21X44 [C1]W18X46 [C1]W18X46 [C1]W21X55 [C2]W18X50 [C2]W18X50 [C2]W12X26 [C2]W24X76 [C2]W16X26 [C1]W16X26 [C1] W21X44 [C1] W16X26 [C1] W21X50 [C1]W21X44 [C1]W24X76 [C2]W21X55 [C1] W18X46 [C1] W21X55 [C1]W16X40 [C2]W24X62 [C2]S-401 7 BM. OVER COL., TYP.W24X103 [C2] W24X103 [C2]W21X57 [C2]W21X57 [C2]W21X57 [C2]1 S-204 AREA AAREA B1 S-307 2 S-307 W18X50 [C2]W12X26 [C2]W21X55 [C2]W18X46 [C2]W18X46 [C2]W24X62 [C2]W24X103 [C2] W24X103 [C2] W24X76 [C2]W24X62 [C2]W24X103 [C2]W24X103 [C2]W24X76 [C2]W21X44 [C2]W24X62 [C2]W21X50 [C2]W21X44 [10]W21X44 [C2] W12X26 [C2] W21X44 [C2]W21X44 [C2]W21X44 [C2]W21X44 [C2]W21X44 [C2] W21X44 [C2]W21X83 [C2]W16X26 [C1] W16X26 [C1] W27X94 [C2] W27X94 [C2]W24X103 [C2]HSS5X5X3/8 BP-4 W16X26 [C1] 1 S-205 A.2 1.1 1.7 1.12 1.15 1.8 1.2 1.9 4"@W16X264' -11"W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W18X46 [C1] 2 S-204 3 S-204 S-200 2 ENLARGED PLAN [C1]2 S-404 1 S-404 HSS6X6X1/2 TYP. @ GRID 1.3@W16X264' -11"@W16X264' -11"@W16X264' -11"@W16X264' -11"3 S-404 4 S-404 5 S-404 W24X76 [C2][C1][C1][C1][C1][C1][C1]@W16X264' -11"@W16X264' -11"@W16X264' -11"[C1]SCHEM. BLDG. SECTION SCHEM. BLDG. SECTION SCHEM. BLDG. SECTION SCHEM. BLDG. SECTION W16X26 [C1] W16X26 [C1] W16X26 [C1] 3" CONC. ON 2" (18 GA.) MTL. DECK (5" TOTAL) , W/ #4 @ 9" O.C., EACH WAY BP-5 MC12x31 FASCIA, TYP.W24X62 [C2]W21X57 [C2]4"W16X40 [C1]4' - 5"1' - 6"1' - 6"6' - 2"6' - 2"8"8"2' - 8"3' - 10"2' - 8"3' - 10"5' - 6"5' - 0"3' - 11"2' - 7"W18X46 [C2]W18X46 [C2]W21X57 [C2]5' - 6"5' - 0"1' - 1"1' - 0"3' - 11"6' - 11"5' - 5"4' - 5"4' - 3"4"4' - 3"W21X55 [C2]3' - 7"1' - 3"5"@W16X264' -10"@W16X264' -10"[C1][C1]@W16X264' -10"@W16X264' -10"[C1][C1]@W16X264' -10"@W16X264' -1"@W16X404' -10"[C1][C1][C1]W16X26 [C1] W16X26 [C1]W16X26 [C1] OPEN TO BELOW T.O.C.= 114' - 8" ENLARGED PLAN W16X26 [C1]W16X26 [C1] W16X26 [C1]W16X26 [C1] S-403 8 TYP. HSS5X5X3/8 BP-4 W18X46 [C1]W24X84[C2][C2]W24X84HSS5X5X3/8 BP-4 S-406 7 S-406 8 HSS5X5X3/8 BP-5 HSS5X5X3/8 BP-4 S-202 2 W24X84[C2]6 1/2"CONT.S-406 8 CONT.2 1/4"2' - 11 1/4"6' - 3 1/8"4' - 10 3/8"1' - 3"2' - 1 3/8" 7' - 10"3' - 1 1/4"4' - 11 1/2"4' - 11 3/4" 5' - 6" 7' - 4"6' - 7"4' - 3" 2' - 0 3/4"3' - 8 3/4" 4' - 2" HSS4X4X1/2 TYP. ALONG GRID A.1, U.N.O. BP-5 HSS6X6X1/2 BP-5 HSS8X8X5/8 HSS8X8X5/8 HSS8X8X5/8 HSS6X6X1/2 BP-4 HSS8X8X5/8 HSS5X5X3/8 BP-4 HSS5X5X3/8 BP-5 HSS5X5X3/8 BP-5 HSS5X5X3/8 BP-5 HSS4X4X1/2 BP-5 TYP. ALONG GRID 1.17, U.N.O.W16X26CONT. CONT. CONT. CONT. CONT.CONT.CONT.W18X46 [C1]W18X46 [C1]W21X50 [C2]W16X26 [C1]W21X50 [C2]CONT.CONT.CONT.CONT.CONT.CONT.CONT.[C1]HSS5X5X3/8 BP-3 TYP. OF 4 W21X83 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W16X26 [C1] W24X103 [C1] HSS BELOW, SEE SECTION 11/S-407 ?8S-4 6 S-209 TYP. 5' - 0" 6 S-209 W16X26 [C1]W16X26 [C1] W16X40 [C1]W16X40 S-406 3BM. TO CONC. WALL, SIM., TYP. S-405 9 W24 TO HSS, TYP. OF 2S-406 11 W16X26 [C1] W21X50 [C1] HSS5X5X3/8 BP-4 BP-4 BP-4 BP-4 BP-4CONT.?8S-4 ?8S-0 TYP. @ EAST EXT. ASI#40 2-16-2021 ?8S-0 ?8S-0 ASI#40 2-16-2021 ASI#40 2-16-2021 A B C D LEGEND SHEARWALL/BEARING WALL, SEE STRUCT. SECTIONS- INDICATES SPAN DIRECTION OF MTL. DECK- MASONRY SHEARWALL/BEARING WALL, SEE STRUCT. SECTIONS- COL. BP-# STRUCTURAL COLUMN, SEE PLAN COL. BASE PLATE MARK, SEE BASE PLATE SCHEDULE ON SHT. S-301 W#X## [C#] (#") BEAM SIZE INDICATES COMPOSITE STEEL BM., SEE SCH. & DETAILS ON SHT. S-401 FOR REQ. BEAM CAMBER (WHERE INDICATED) INDICATES CANTILEVER BEAM CONNECTION- INDICATES COLLECTOR LINE, SEE SHEETS S-112a & S-113a - KEYNOTES 1 SEE ARCH. AND SITE/CIVIL FOR ALL EXTERIOR, NON-STRUCTURAL CONCRETE. 2 VERTICAL FOOTING AND FOUNDATION WALL CONSTRUCTION JOINTS ARE NOT SHOWN. WHERE REQUIRED BY CONTRACTOR, PROVIDE JOINT PER DTL. 7/S-300. 3 COORDINATE ALL OPENINGS IN FOUNDATION WALLS WITH ARCH., MECH., ELECT., AND PLUMBING. PROVIDE ADDITIONAL REINFORCEMENT AT OPENINGS AS REQUIRED PER DTL. 10/S-300. 4 LOCATIONS OF SCJ'S ARE NOT SHOWN. CONTRACTOR SHALL SUBMIT A DETAILED LAYOUT OF PROPOSED JOINT LOCATIONS A MIN. OF (7) DAYS PRIOR TO SLAB PLACEMENT FOR REVIEW AND APPROVAL. SEE DETAIL 6/S-300 FOR SLAB CONTRACTION JOINT REQUIREMENTS. 5 NON-BEARING WALLS, WINDOW AND DOOR OPENINGS, AND OTHER INTERIOR PARTITION WALLS ARE SHOWN FOR INFORMATION ONLY. SEE ARCHITECTURAL FOR DIMENSIONS, LOCATIONS, AND SIZES OF THESE ELEMENTS. 6 PROVIDE REINFORCEMENT AT FOUNDATION WALL CORNERS AND FOOTING CORNERS PER DETAIL 1,2/S-300. 7 FLOOR DRAINS ARE NOT SHOWN FOR CLARITY. SEE PLUMBING DRAWINGS FOR FLOOR DRAIN REQUIREMENTS. SEE DETAIL 9/S-300 FOR SLAB REQUIREMENTS AT FLOOR DRAINS. 8 COLUMN ISOLATION JOINTS SHOWN FOR REFERENCE ONLY. SEE DETAIL 8/S-300 FOR REQUIREMENTS AT COLUMN ISOLATION JOINT. 9 BLOCKOUT TOP OF FOUNDATION WALL AT DOOR OPENING. SEE DETAIL 7/S-301. 10 SEE DETAIL 8/S-400 FOR REINFORCEMENT AT MASONRY WALL CORNERS AND INTERSECTIONS. 11 INTERIOR AND EXTERIOR MASONRY CONTROL JOINTS NOT SHOWN FOR CLARITY. COORDINATE LOCATION OF JOINTS WITH ARCHITECTURAL DRAWINGS. SEE DETAIL 3/S-400 FOR REQUIREMENTS. 12 SEE DETAIL 5/S-400 FOR MASONRY WALL REQUIREMENTS AT INTERSECTION WITH HSS COLUMNS. 13 MASONRY HEADER AND JAMB REQUIREMENTS PER DETAIL 4/S-400. 14 STEEL STUD HEADER AND JAMB REQUIREMENTS PER DETAIL 2/S-403. 15 STEEL STUD WALL CORNER AND INTERSECTION REQUIREMENTS PER DETAIL 3, 4/S-403. 16 STEEL STUD WALL CONNECTION TO HSS COLUMN PER DETAIL 5/S-403. 17 FOOTING INTERSECTION TO FDN. WALL, PER DETAIL 3/S-301 18 TRENCH DRAIN PER DETAIL 4/S-301. SEE ARCH FOR LOCATION AND EXTENTS. 19 @ AT STAIR STRINGER BEARING THICKEN SLAB TO 8" THICK x 2'-0" WIDE WITH #4 @ 9" O.C., CTRD. IN SLAB. CONNECT STRINGER TO SLAB PER DETAIL 2/S-402. 20 MASONRY HEADER AND JAMB REQUIREMENTS ABOVE ALL MECHANICAL HVAC OPENINGS PER DETAIL 4/S-400. 21 OPEN WEB STEEL JOIST BRIDGING SHOWN FOR REFERENCE ONLY. COORDINATE LOCATION AND NUMBER OF BRIDGING BAYS WITH MANUFACTURER. 22 SLAB ON METAL DECK POUR SEQUENCE: POUR ENTIRE SLAB ON METAL DECK @ ELEV.114'-8" CURE 14 DAYS OR 28 DAY CONCRETE STRENGTH IS REACHED, THEN POUR SLAB ON DECK @ ELEV. 128'-4" 23 MECHANICAL HOUSEKEEPING PAD, NOT SHOWN IN ENTIRETY, SEE DETAIL 10/S-407 24 PROVIDE ROOF DECK OPENING FRAMING PER DETAIL 3/S-500. TNMO AAN SERPOFS GNDR MENUEZ NATE J. No.15739 PE A T N IGSI E O L EREE ERIENProject Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 F: 406-586-8470 Architect MEP EngineerAssociate Architect Landscape ArchitectCivil Engineer Seal BOZEMAN PUBLIC SAFETY CENTER TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 F: xxx-xxx-xxx Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 F: xxx-xxx-xxx Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 F: xxx-xxx-xxx City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 N. ROUSE AVE. & E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 F: 303-294-0762 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR CONSTRUCTION AUGUST 14. 2020 ISSUE FOR BID JUNE 04, 2020 ADDENDUM 01 JULY 01, 2020 ADDENDUM 03 JULY 07, 2020 ADDENDUM 04 JULY 27, 2020 2/17/2021 2:46:21 PMS-102a FLOOR FRAMING PLAN - AREA A 2200.04500 MPB JBF NJM BOZEMAN PUBLIC SAFETY CENTER 2200.04500 Owner 8'32'4' 16' 1/8" = 1'-0" FLOOR FRAMING PLAN - AREA A TRUE NORTH 317 W A L L O P E N IN G ANCHOR ROD, SEE SCHEDULE FDN. WALL (OR THICKENED SLAB FOOTING) WALL SILL PL. B.U. POST, SEE HOLD DOWN SCHEDULE HOLD DOWN, SEE HOLD DOWN SCHEDULE HOLD-DOWN SCHEDULE MARK TIE / HOLDOWN STUD POST/SIZE ANCHORAGE H1 NOTES: 1. HOLDOWN LOCATION SHOWN ON PLANS IS APPROXIMATE. LOCATE AT OPENING JAMB OR CORNER AS INDICATED BELOW. SEE ARCHITECTURAL DRAWINGS FOR OPENING LOCATIONS AND SIZE. 2. SEE GENERAL STRUCTURAL NOTES FOR ADDITIONAL REQUIREMENTS. 5/8" DIA. x 6" EMBED DRILLED AND EPOXIED ANCHOR, (6) #14 SCREWS INTO STUD (2 3/4" EMBED AT SLAB OVER MTL. DECK CONDITION)S/HDU4 6" STL. STUD H2 5/8" DIA. x 6" EMBED DRILLED AND EPOXIED ANCHOR, (12) #14 SCREWS INTO BUILT-UP STUDS/HDU6 H3 7/8" DIA. x 6" EMBED DRILLED AND EPOXIED ANCHOR, (18) #14 SCREWS INTO BUILT-UP STUDS/HDU9 (2) 6" STL. STUD (2) 6" STL. STUD BEARING/SHEARWALL SCHEDULE MARK 1, 2, 3, 5 6S-1 STUD SPGC.STUD SIZE 16" O.C. SHEATHING SHEATHING ATTACHMENT ANCHORAGE - BOTTOM TRACK- CONCRETE/STEEL FRAMING AT PANEL EDGES SINGLE SIDED 0.027" (22Ga.) METAL SHEATHING #8 SCREWS @ 4" O.C. EDGE, #8 SCREWS @ 12" O.C. FIELD HILTI X-P/X-U P.A.F. @ 6" O.C. (STAGGERED) 3 MATCH WALL SIZE AND GAUGE600S162-43 6S-2 16" O.C. DOUBLE SIDED 0.027" (22Ga.) METAL SHEATHING #8 SCREWS @ 4" O.C. EDGE, #8 SCREWS @ 12" O.C. FIELD MATCH WALL SIZE AND GAUGE600S162-43 NOTES 1. SEE GENERAL STRUCTURAL NOTES FOR ADDITIONAL STL. STUD WALL REQ.S. 2. SHEATHING AND ATTACHMENT TYPE IS REQ'D. THE ENTIRE LENGTH OF THE WALL INDICATED. PROVIDE 0.027" METAL SHEATHING U.N.O., STAGGER PANEL EDGES AT DOUBLE SIDED SHEATHED WALLS. 3. SEE GENERAL STRUCTURAL NOTES FOR SECTION PROPERTIES REQD. FOR NOMINAL STUD SIZES SHOWN ABV. 4. MINIMUM FASTENER DIAMETER 0.157”, MINIMUM FASTENER EMBEDMENT 1.25”. 5. SEE GENERAL STRUCTURAL NOTES FOR ADDITIONAL REQUIREMENTS. 6. WHERE BRICK VENEER HEIGHT IS GREATER THAN 8'-0" O.C., PROVIDE WALL TYPE 8S-4. 8S-1 8S-2 6S-0 16" O.C. SINGLE SIDED 0.027" (22Ga.) METAL SHEATHING #8 SCREWS @ 4" O.C. EDGE, #8 SCREWS @ 12" O.C. FIELD MATCH WALL SIZE AND GAUGE800S162-43 16" O.C. DOUBLE SIDED 0.027" (22Ga.) METAL SHEATHING #8 SCREWS @ 4" O.C. EDGE, #8 SCREWS @ 12" O.C. FIELD MATCH WALL SIZE AND GAUGE800S162-43 16" O.C.600S162-43 N/A N/A N/A 8S-0 16" O.C.800S162-43 N/A N/A N/A 4 (2) HILTI X-P/X-U P.A.F. @ 6" O.C. (STAGGERED) HILTI X-P/X-U P.A.F. @ 6" O.C. (STAGGERED) (2) HILTI X-P/X-U P.A.F. @ 6" O.C. (STAGGERED) HILTI X-P/X-U P.A.F. @ 6" O.C. (STAGGERED) HILTI X-P/X-U P.A.F. @ 6" O.C. (STAGGERED) 10S-0 16" O.C.1000S162-43 N/A N/A N/A HILTI X-P/X-U P.A.F. @ 6" O.C. (STAGGERED) 8S-4 12" O.C.800S162-43 N/A N/A N/A HILTI X-P/X-U P.A.F. @ 6" O.C. (STAGGERED) ASI#40 2-16-2021 HOLDOWN, WHERE INDICATED ON FDN. PLANS, SEE SCHEDULE FOR SIZE/TYPE HEADER FIELD ATTACHMENTS, SEE SHEARWALL SCHEDULE, TYP. EDGE ATTACHMENTS, SEE SHEARWALL SCHEDULE, TYP. STUD GA. BLOCKING @ ADJOINING PANEL EDGES, TYP. (2) ROWS OF FULL HT. EDGE ATTACHMENTS @ KING STUDS TOP TRACK, SEE GEN. STRUCTURAL NOTES FOR SPLICES BOTTOM TRACK ANCHORAGE PER SHEAR WALL SCHEDULE BOTTOM TRACK, PER SHEARWALL SCHEDULE WALL OPNG. SIMPSON LSTA36, TOP AND BOTTOM OF OPNG. (2) ADD'L BAYS OF BLOCKING FOR ATTACHMENT OF STRAP, TOP AND BOTTOM OF OPNG. REF. ARCH. FOR BRICK VENEER REQ., SEE DTL. 1/S-400 FOR ANCHORAGE REQ., TYP. 8" STEEL STUD @ 16" O.C. (MAX.) B.O.VENEER REF. ARCH. CONNECTION AT VERTICAL STEEL STUD 1/8" ANGLE TO STUD - HORIZONTAL 3/8" x DIMENSION SHOWN VENEER SHELF ANGLE (GALV. @ EXTERIOR LOCATIONS & PRIME/PAINTED @ INTERIOR LOCATIONS). REF. ARCH. FOR BRICK VENEER REQ., SEE DTL. 1/S-400 FOR ANCHORAGE REQ., TYP. HYBRID STL. STUD WALL B.O.VENEER REF. ARCH. 1/8" 1-12 ANGLE TO STUD BLOCKING 8" MIN. STL. STUD BLOCKING MEMBER (SAME GA. AS STL. STUDS) 3/8" x DIMENSION SHOWN VENEER SHELF ANGLE (GALV. @ EXTERIOR LOCATIONS & PRIME/PAINTED @ INTERIOR LOCATIONS). 1/8"2" STUD BLOCKING TO VERTICAL STUD 1/8" 3" ANGLE TO STUD - VERTICAL STUD BLOCKING NOT SHOWN BOTTOM TRACK NOT SHOWN BOTTOM TRACK NOT SHOWN ASI#40 2-16-2021 TNMO AAN SERPOFS GNDR MENUEZ NATE J. No.15739 PE A T N IGSI E O L EREE ERIENProject Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 F: 406-586-8470 Architect MEP EngineerAssociate Architect Landscape ArchitectCivil Engineer Seal BOZEMAN PUBLIC SAFETY CENTER TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 F: xxx-xxx-xxx Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 F: xxx-xxx-xxx Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 F: xxx-xxx-xxx City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 N. ROUSE AVE. & E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 F: 303-294-0762 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR CONSTRUCTION AUGUST 14. 2020 ISSUE FOR BID JUNE 04, 2020 ADDENDUM 01 JULY 01, 2020 ADDENDUM 03 JULY 07, 2020 ADDENDUM 04 JULY 27, 2020 2/17/2021 2:46:21 PMS-309 HOLDOWN AND WALL SCHEDULES 2200.04500 Author Checker Approver BOZEMAN PUBLIC SAFETY CENTER 2200.04500 Owner S-3093/4" = 1'-0" 1HOLD DOWN DETAILS AND SCHEDULE S-3093/4" = 1'-0" 2SCHEMATIC SHEARWALL ELEVATION S-3091 1/2" = 1'-0" 3VENEER LEDGER - BOTTOM OF WALL 2" MAXSEE ARCH2" MAXSEE ARCHCONNECTION AT BLOCKING Added 2" weld each side. 318 NOTES: PROVIDE VENEER ANCHORS AT 16" O.C. VERICAL, 16" MAX HORIZONTAL. INSTALL 1ST AN LAST ROW OF TIES ABOVE THE FIRST COURSE AND BELOW THE LAST COURSE RESPECTIVELY. PLAN VIEW -CMU WALL APPLICATION SNAP-ON INTERLOCKING SYSTEM, HOHMANN BARNARD "SEISMICLIP" OR APPROVED EQUIVALENT LADDER OR TRUSS TYPE JT. REINF. W/ADJUSTABLE EYE-WIRE AND RECTANGULAR PINTLES IN ADDITION TO HORIZ. WALL REINF. 9 GA. CONT. WIRE REINF. VENEER WALL ISULATION AND AIR GAP PER ARCH1 1/2"1/4" (MIN.) L/3 (MAX.) REF. ARCH. FOR VENEER REQ., SEE DTL. 1/S-400 FOR ANCHORAGE REQ., TYP. 6"CMU WALL,SOLID GROUTED (REINF. NOT SHOWN) B.O.VENEER REF. ARCH. 3/8" x DIMENSION SHOWN VENEER SHELF ANGLE (GALV. @ EXTERIOR LOCATIONS & PRIME/PAINTED @ INTERIOR LOCATIONS) . NEW CMU WALL 1/4" (MIN.) L/3 (MAX) REF. ARCH. FOR BRICK VENEER REQ., SEE DTL. 1/S-400 FOR ANCHORAGE REQ., TYP. 6"STL. STUD WALL B.O.VENEER REF. ARCH. STEEL STUD WALL ANGLE TO STUD SHEARWALL EDGE FASTENING, TYP. INTO STL. STUD BLOCK 8" MIN. STL. STUD BLOCKING MEMBER (SAME GA. AS STL. STUDS), CNTRD. ON VENEER SUPPORT ANGLE 3/8" x DIMENSION SHOWN VENEER SHELF ANGLE (GALV. @ EXTERIOR LOCATIONS & PRIME/PAINTED @ INTERIOR LOCATIONS). FABRICATE SHELF ANGLE BY CUTTING HORIZ. LEG OF A STANDARD ANGLE TO DIMEN. REQ. "L""L" 3/4" DIA. x 8" EMBED CAST-IN-PLACE HOOKED ANCHOR ROD @ 8" O.C., CTRD. IN VERTICAL LEG NOTE: SEE DETAIL 3/S-309 FOR CONNECTION OF VENEER LEDGER AT BOTTOM OF CURTAIN WALL ASI#40 2-16-2021 GROUT CORES ADJACENT TO JOINT & PLACE (2)#5 BARS IN EA. CORE, W/ MATCHING FDN. DOWELS, U.N.O. RECESS SEALANT 1/2", SEE ARCH. FOR SEALANT SASH BLOCK UNIT PREFORMED PVC SHEARLUG NOTES: 1. COORDINATE FINAL LOCATION OF M.C.J.'S WITH MASON'S BLOCK LAYOUT AND REINFORCING STEEL SHOP DRAWINGS. 2. HORIZONTAL REINFORCING BARS & JOINT REINF. ARE TO STOP AT THE CONTROL JOINTS EXCEPT FOR THE BOND BEAMS WITH CONTINUOUS REINFORCING LOCATED AT THE ROOF AND TOP OF WALLS AS NOTED ON THE DWGS. 3. BOND BEAMS WITH CONTINUOUS REINFORCING SHALL HAVE DUMMY JOINTS PROVIDED IN LINE WITH THE CONTROL JOINTS. HORIZ. WALL REINF., SEE CMU WALL SCHEDULE, TYP. VERT. WALL REINF., SEE CMU WALL SCHEDULE, TYP. GROUTED CELLS PER CMU WALL SCHEDULE, TYP. PROVIDE ADTL. BOND BM. @ TOP WALL COURSE STRUCTURAL ELEMENT SUPPORTING CMU WALL, BLW., SEE PLAN VIEWS PROVIDE (2) VERT. BARS @ EA. END OF WALL, TYP. SEE SCHEDULE FOR BAR SIZE ALL HORIZ. WALL REINF. REQUIRED TO HAVE 180° HOOKS AT ENDS OF WALL FOUNDATION DOWELS, EQUAL SPACING TO VERTICAL DOWELS GROUT THE (3) VERT. CORES @ CORNER, PROVIDE (1)VERT. BAR AS INDICATED, W/ MATCHING FDN. DOWELS REINF. @ BOND BMS. BOND BEAM REINF. GROUT THE (3) VERT.CORES @ CORNER, PROVIDE (1) VERT. BAR AS INDICATED, W/ MATCHING FDN. DOWELSJT. REINF. PRE FAB CORNER SPLICE = 6" EA. WAYSTD. JOINT REINF. (2)VERT. BARS W/ FDN. DOWELS, U.N.O. PRE-FABRICATED JOINT REINF. "T" @ EA. CRS. OF JT. REINF. SPLICE = 6" VERT. REINF., SEE WALL SCHEDULE 12" LAP SPLICE (TYP. ALL SPLICES) BOND BM. REINF. BOND BEAM REINF. CONTINUOUS INTESECTIONS CORNER BARS TO MATCH BOND BEAM (REINF. ALTERNATE DIRECTION OF HOOK IN WALL) BOND BM. REINF. (2)VERT. BARS W/ FDN. DOWELS, U.N.O. STD. JOINT REINF. VERT. REINF., SEE WALL SCHEDULE NOTESCMU LAPPER GEN.NOTESCMU LAPPER GEN.STOP BAR ON OUTSIDE AS SHOWN OPENINGS H AND/OR W UP TO 3'-0" 2 REBAR TO MATCH BOND. BEAM REINF. LAP LENGTH TYP. BOND BM. NOTE: SEE FRMG. PLANS FOR SPECIAL REINFORCING AT LARGER/SPECIAL OPENINGS OPENINGS @ MASONRY WALLS 1 BAR IN GROUTED CELL TO MATCH VERT. REINFORCEMENT 4" TYP.4"TYP.BOND BM. @ BASE OF WALL W HT.O.W. = VARIES PLAN PLAN CL BM./ COL. BLOCKOUT I.F. OF CMU @ CONN. HSS STEEL COL., SEE PLAN WRAP COL. W/ "SILL SEAL" COMPRESSIBLE MATERIAL TO AVOID MORTAR BRIDGING CMU WALL BOND BM. HORIZ. REINF. TYP. 3/4"x8" HAS @ EA. CMU WALL BOND BM. HORIZ. REINF. LOCATION BLOCKOUT CMU @ COLUMN STEEL BM., SEE PLAN COL./BM.CONN., SEE PLAN CL BM./COL. HSS COL. (SIZE VARIES), SEE PLAN BLOCKOUT I.F. OF CMU @ CONN. CL BM./COL. WRAP COL. W/ "SILL SEAL" COMPRESSIBLE MATERIAL TO AVOID MORTAR BRIDGING CMU WALL BOND BM. HORIZ. REINF. BLOCKOUT CMU @ COLUMN 3/8" JOINT, FULL HT., EA. FACE OF WALL W/ SEALANT PER ARCH. 3/16" 3/16" TYP. 3/4"x8" HAS @ EA. CMU WALL BOND BM. HORIZ. REINF. LOCATION STEEL BM., SEE PLAN B.O. LINTEL, SEE ARCH. CLEAR OPENING, SEE PLAN LINTEL LENGTH B NOTES: 1. EXTEND JAMB REINF. FROM BOTTOM OF WALL TO BOND BEAM @ ROOF C B C WALL VERTS EXTEND TO BOTT. COURSE STEEL BOTTOM PLATE, SEE DETAIL 8/S-407 FOR REQUIREMENTS B B BOTT. LINTEL REINF., SEE SECTION B-B TOP LINTEL REINF., SEE SECTION B-B MASONRY HEADER SCHEDULE #4 @ 16" NONE STIRRUP SPACING NOTES: 1. USE BOND BEAM MASONRY UNITS WITH FULLY MORTARED HEAD JOINTS UNLESS NOTED OTHERWISE. 2. ALL LINTELS ARE SOLID GROUTED UNLESS NOTED OTHERWISE. 2-#52-#5 MATCH WALL MATCH WALL 2'-8" 2'-0" 2-#5 LINTEL DEPTH(H)SPAN (FT.)THICKNESS (T) TOP REINFORCING BOTTOM REINFORCING SEE ARCH. SEE ARCH. J16 J8 LINTEL ELEV.JAMBS J24SEE ARCH.2-#63'-4"MATCH WALL MATCH WALL 4'-0"2-#6 SEE ARCH.J24 SPAN <= 3'-0" SECTION C-C (2)#5 IN GROUTED CELL, NOTE 1 LINTEL REINF.LINTEL ABOVE EACH SIDE (J24 SHOWN) B, JAMB BOTT. REINF., SEE SCHED. SECTION B-B STD. JOINT REINF. @ 8" O.C. MAX. EXTEND ADD'L. REINF. W/ LINTEL REINF. TYP. MASONRY WALL REINF., SEE FDN. PLAN TOP REINF., SEE SCHED.SOLID GROUTED LINTEL.3 1/2",TYP."H", VARIESSTIRRUPS, SEE SCHED. 2-#5 2-#6 2-#6 NONE 3. JAMB SIZES SHOWN ABOVE ARE MIMIMUM. SEE PLANS FOR ADDITIONAL JAMB REQUIREMENTS AT ALL LOCATIONS. #4 @ 8" 3'-0"< SPAN <= 6'-0" 6'-0"< SPAN <= 9'-0" 9'-0"< SPAN <= 14'-0" JAMB REINF. IN GROUTED CELLS PROVIDE MIN. CELL OPNG. FOR VERTS. THRU SOLDIER COURSE (2)#10 POLYMER COATED SELF DRILLING/TAPPING SCREWS MTL. STUD WALL SHT'G., SEE ARCH. STONE MASONRY VENEER 9 GA. CONT. WIRE REINF. SCREW ATTACHED ADJUSTABLE ANCHOR W/ VEE TIE, HOHMANN BARNARD "DW-10 W/BYNA-TIE" OR APPROVED EQUIVALENT SNAP-ON INTERLOCKING SYSTEM, HOHMANN BARNARD "SEISMICLIP" OR APPROVED EQUIVALENT AIR GAP, SEE ARCH. PLAN VIEW -STUD WALL APPLICATION NOTE: PROVIDE VENEER ANCHORS AT 16" O.C. MAX. VERTICAL, (OR BETWEEN EACH COARSE OF VENEER FOR 12" COURSING) 16" MAXIMUM HORIZONTAL. INSTALL 1ST AND LAST ROW OF TIES ABOVE THE FIRST COURSE AND BELOW THE LAST COURSE RESPECTIVELY.1 1/2"TNMO AAN SERPOFS GNDR MENUEZ NATE J. No.15739 PE A T N IGSI E O L EREE ERIENProject Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 F: 406-586-8470 Architect MEP EngineerAssociate Architect Landscape ArchitectCivil Engineer Seal BOZEMAN PUBLIC SAFETY CENTER TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 F: xxx-xxx-xxx Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 F: xxx-xxx-xxx Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 F: xxx-xxx-xxx City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 N. ROUSE AVE. & E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 F: 303-294-0762 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR CONSTRUCTION AUGUST 14. 2020 ISSUE FOR BID JUNE 04, 2020 ADDENDUM 01 JULY 01, 2020 ADDENDUM 03 JULY 07, 2020 ADDENDUM 04 JULY 27, 2020 2/17/2021 2:46:21 PMS-400 MASONRY DETAILS 2200.04500 MPB JBF NJM BOZEMAN PUBLIC SAFETY CENTER 2200.04500 Owner N.T.S.S-400 1VENEER ANCHORAGE N.T.S.S-400 2VENEER LEDGER N.T.S.S-400 3CMU CONTROL JOINT N.T.S.S-400 6TYPICAL SHEAR WALL ELEVATION N.T.S.S-400 8CMU WALL CORNER/INTERSECTION REINFORCING N.T.S.S-400 7CMU WALL OPENING N.T.S.S-400 5MASONRY CONNECTION DETAIL CMU WALL - SCHEDULE TYPE MARK THICKNESS, "T" VERITCAL REINFORCEMENT HORIZONTAL REINFORCEMENT GROUTING COMMENTS 8M-1 8" #5 @ 8" O.C. #5 @ 8" O.C. FULLY GROUTED 12M-1 12" (2)#5 @32" (2)#5 @ 48" FULLY GROUTED 12M-2 12" (2)#5 @ 24" (2)#5 @ 24" FULLY GROUTED 12M-3 12" (2)#5 @ 8" (2)#5 @ 8" FULLY GROUTED N.T.S.S-400 4CMU LINTEL/HEADER DETAIL AND SCHEDULE 319 1.41.3 WINDOW ABOVE, SEE ARCH. STEEL STUDS, SEE ARCH. TOP TRACK CONN., PER DETAIL 9/S-403 WINDOW BELOW, SEE ARCH. STEEL BEAM, SEE PLAN L5x3x1/4" CLOSURE PLATE, CONT. 6"x18 Ga. STEEL STUD ATTACHED EACH END W/ (4) #10 SCREWS, TYP. STEEL STUDS, SEE PLAN BYPASS CLIP, PER DETAIL 1/S-402 METAL DECK ATTACH., SEE GEN. STRUCT. NOTES CONCRETE ON METAL DECK, SEE PLAN3/16 3-12 T.O.C.= 114' - 8" CHANNEL FASCIA, SEE PLAN A.3A.1 A.2 WINDOW BELOW, SEE ARCH. STEEL BEAM, SEE PLAN STEEL STUDS, SEE ARCH. STEEL STUDS, SEE PLAN TOP TRACK CONN., PER DETAIL 9/S-403 WINDOW ABOVE, SEE ARCH. BYPASS CLIP, PER DETAIL 1/S-402 (SEE NOTE) METAL DECK ATTACH., SEE GEN. STRUCT. NOTES CONCRETE ON METAL DECK, SEE PLAN 3/16 3-12 3/16 3-12 STEEL BEAM, SEE PLAN L5X5X1/4 CONTINUOUS 6" VENEER LEDGER, PER DETAIL 2/S-400 FACE OF STEEL STUD EXTERIOR FINISH, SEE ARCH. T.O.C.= 114' - 8" BENT CLOSURE PLATE, PER DETAIL 6/S-403 HSS COL., BEYOND, SEE PLAN S-401 6 A.3A.1 A.2 NOTE: AT BRICK VENEER LOCATIONS, PROVIDE AC750 BYPASS CLIP. CONNECT CLIP TO STEEL STUD WITH (8) #10 (MIN.) SCREWS. CONNECT CLIP TO ANGLE/BENT PLATE WITH (5) #10 (MIN.) SCREWS. 3/16" 4-12 WHERE BRICK VENEER >= 8'-0" ASI#40 2-16-2021 ASI#40 2-16-2021 ASI#40 2-16-2021 A.3A.1 A.2 WINDOW ABOVE, SEE ARCH. STEEL STUDS, SEE ARCH. TOP TRACK CONN., PER DETAIL 9/S-403 STEEL BEAM, SEE PLAN CONCRETE ON METAL DECK, SEE PLAN T.O.C.= 114' - 8" S-404 2 EXTERIOR FINISH, SEE ARCH. 1.17 1.16 WINDOW ABOVE, SEE ARCH. STEEL STUDS, SEE PLAN TOP TRACK CONN., PER DETAIL 9/S-403 STEEL BEAM, SEE PLAN CONCRETE ON METAL DECK, SEE PLAN S-404 2 EXTERIOR FINISH, SEE ARCH. T.O.C.= 114' - 8" 1.17 1.16 WINDOW ABOVE, SEE ARCH. STEEL STUDS, SEE PLAN TOP TRACK CONN., PER DETAIL 9/S-403 STEEL BEAM, SEE PLAN CONCRETE ON METAL DECK, SEE PLAN S-404 2 EXTERIOR FINISH, SEE ARCH. T.O.C.= 114' - 8" B.1A.15 STEEL BEAM, SEE PLAN CONCRETE ON METAL DECK, SEE PLAN EXTERIOR FINISH, SEE ARCH. T.O.C.= 114' - 8" METAL DECK ATTACH., SEE GEN. STRUCT. NOTES WINDOW ABOVE, SEE ARCH. BEAM TO BEAM BEYOND, PER DETAIL 7/S-404 3/16 BENT PL. TO BM. BEYOND BENT CLOSURE PLATE, PER DETAIL 6/S-403 3/16 ANGLE TO BM. BEYOND L5X5X1/4 CONTINUOUS STEEL STUDS, SEE PLAN BYPASS CLIP, PER DETAIL 1/S-402 B.2 L5x5x3/8" CONTINUOUS ANGLE, TYP. 3/4" DIA. X 8" EMBED HOOKED ANCHOR BOLTS 2'-0" O.C., TYP. STEEL BEAM, SEE PLAN, TYP. CONCRETE ON METAL DECK, SEE PLAN. TYP. METAL DECK ATTACH., SEE GEN. STRUCT. NOTES T.O.C.= 114' - 8" CMU WALL, SEE PLAN CMU BOND BEAM REINF., SEE SCHED. CMU VERTICAL WALL REINF., SEE SCHED. W BEAM, SEE PLAN 1/2"x5"x1'-4" STEEL CONN. PLATE, CTRD. OVER BEAM WEB 3/16" FRAMING ABOVE, NOT SHOWN FOR CLARITY T.O.STL. =VARIES STEEL BEAM, SEE PLAN BM. TO BM., PER DETAIL 1/S-401 6" 3/8"x(BM. WIDTH + 1")x 1'-0" BOTTOM PLATE 1/4 3/16 3/16" T.O.STL. =VARIES HSS, SEE PLAN CURTAIN WALL WINDOW ASSEMBLY, SEE ARCH. 1/4”x3”x1’4”x0’-6”BENT PLATE, TYP. EACH MULLION ATTACHMENT TO MULLION, PER MANUF. A.15 CONCRETE ON METAL DECK, SEE PLAN. TYP. T.O.C.= 129' - 4" STEEL STUD BEARING/ SHEARWALL, SEE PLAN BOTTOM TRACK AND CONNECTION, PER DETAIL 1/S-402 W BEAM BEYOND STEEL BEAM, SEE PLAN CLOSURE PLATE, CONT. L5x3x1/4" CLOSURE PLATE, CONT., TYP. 1' - 4" 4" BENT CLOSURE PLATE, PER DETAIL 6/S-403 EXPANSION JOINT S-403 7 1' - 4"1" L2x2x1/4 @ 4’-0”O.C. 3/16" TYP. TNMO AAN SERPOFS GNDR MENUEZ NATE J. No.15739 PE A T N IGSI E O L EREE ERIENProject Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 F: 406-586-8470 Architect MEP EngineerAssociate Architect Landscape ArchitectCivil Engineer Seal BOZEMAN PUBLIC SAFETY CENTER TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 F: xxx-xxx-xxx Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 F: xxx-xxx-xxx Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 F: xxx-xxx-xxx City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 N. ROUSE AVE. & E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 F: 303-294-0762 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR CONSTRUCTION AUGUST 14. 2020 ISSUE FOR BID JUNE 04, 2020 ADDENDUM 01 JULY 01, 2020 ADDENDUM 03 JULY 07, 2020 ADDENDUM 04 JULY 27, 2020 2/17/2021 2:47:23 PMS-404 FLOOR FRAMING DETAILS 2200.04500 MPB JBF NJM BOZEMAN PUBLIC SAFETY CENTER 2200.04500 Owner S-4043/4" = 1'-0" 1FLOOR FRAMING SECTION S-4041/2" = 1'-0" 2FLOOR FRAMING SECTION S-4041/2" = 1'-0" 3FLOOR FRAMING SECTION S-4041/2" = 1'-0" 4FLOOR FRAMING SECTION S-4041/2" = 1'-0" 5FLOOR FRAMING SECTION S-4043/4" = 1'-0" 6FLOOR FRAMING SECTION S-4043/4" = 1'-0" 8FLOOR FRAMING SECTION S-4041 1/2" = 1'-0" 7FLOOR FRAMING S-4041" = 1'-0" 9HSS TO CURTAIN WALL CONN. S-4041" = 1'-0" 10FLOOR FRAMING SECTION New Clips Add (4) fasteners per location. 320 2605 - LIGHT FIXTURE - RE: ELECTRICAL BACKBOX, AS REQUIRED, RE: ELEC 07 92 00.A02 - 3/8" SEALANT WA1 NOTCH BRICK 1.4 SA2 WA3 SIM 07 42 13.13.C12 - METAL PANEL PERIMETER TRIM, MATCH METAL PANEL COLOR AND FINISH 1.3 SA2 WA5 06 16 00.B12 - LIQUID FLASHING 07 42 13.13.C11 - METAL PANEL CONTINUOUS DRIP EDGE 07 42 13.13.C12 - METAL PANEL PERIMETER TRIM, MATCH METAL PANEL COLOR AND FINISH 09 22 16.E03 - 2" Z-FURRING CHANNEL A.1 8" 04 20 00.Z01 - TERMINATION BAR 04 20 00.N03 - METAL THROUGH-WALL FLASHING 06 16 00.B12 - LIQUID FLASHING 04 20 00.P16 - CAVITY DRAINAGE MATERIAL 04 20 00.P02 - WEEP @ 16" OC 07 62 00.L05 - DRIP EDGE FLASHING GROUT SOLID 05 12 00.B04 - STEEL ANGLE, RE: STRUC WA1 SA2 06 16 00.B12 - LIQUID FLASHING 07 42 13.13.C04 - METAL PANEL TRIM FLASHING 05 40 00.C03 - 3-5/8" STEEL STUD 110' - 7 3/8" B. O. MAS. ASI 40 04 20 00.Z01 - TERMINATION BAR 04 20 00.N02 - FLEXIBLE THROUGH-WALL FLASHING 06 16 00.B12 - LIQUID FLASHING 04 20 00.P16 - CAVITY DRAINAGE MATERIAL 07 62 00.L05 - DRIP EDGE FLASHING 05 12 00.B04 - STEEL ANGLE, RE: STRUC 07 92 00.A01 - 1/4" SEALANT WA1 WA5 06 16 00.B12 - LIQUID FLASHING PAINTED TO MATCH ALUMINUM WINDOW , WITH CUT OUTER EDGE 2"07 42 13.13.C04 - METAL PANEL TRIM FLASHING WA5 WA1 07 27 26.A00 - FLUID-APPLIED MEMBRANE AIR BARRIER 06 10 53.A05 - 1/2" PLYWOOD BACKING PANEL 05 75 00.P01 - CONT CLEAT 05 75 00.B11 - FORMED ALUMINUM SILL , MATCH ADJ MP A.2 SA2 07 92 00.A12 - SEALANT, BS 07 21 00.R02 - FILL VOID WITH LOOSE MINERAL-WOOL BATT INSULATION 06 16 00.B14 - LIQUID FLASHING, EXTEND PAST INT WINDOW SEALANT 07 42 13.13.C04 - METAL PANEL TRIM FLASHING SEE WA2 FOR ABOVE SOFFIT COMPONENTS , ALIGN WITH TRIM AT ADJACENT MASONRY 07 42 13.13.C04 - METAL PANEL TRIM FLASHING TO FOS 0' - 2"SEALANT JOINT REQUIRED TO CONNECT AIR BARRIER TO SF OVERLAP VAPOR RETARDER ONTO AIR BARRIER FLASHING, TYP 09 29 00.P06 - V CONTROL JOINT 08 41 13.B00 - STOREFRONT FRAME 07 92 00.A01 - 1/4" SEALANT 09 29 00.Q06 - VINYL 'L' CASING BEAD 1" 12 24 13.A00 - ROLLER WINDOW SHADE, RE: RCP'S A.2 06 16 00.B12 - LIQUID FLASHING 07 42 13.13.C12 - METAL PANEL PERIMETER TRIM, MATCH METAL PANEL COLOR AND FINISH SA2 WA2 1.16GRID TO FOS 2"1/4"2 1/2"WA3 09 29 00.P11 - 'Z' REVEAL1/2"06 16 00.B14 - LIQUID FLASHING, EXTEND PAST INT WINDOW SEALANT 07 21 00.R02 - FILL VOID WITH LOOSE MINERAL-WOOL BATT INSULATION 08 41 13.B00 - STOREFRONT FRAME 07 92 00.A02 - 3/8" SEALANT 06 10 53.A05 - 1/2" PLYWOOD BACKING PANEL 12 36 61.16.B01 - SOLID SURFACING WINDOW STOOL 07 92 00.A01 - 1/4" SEALANT 07 42 13.13.C09 - METAL PANEL SILL FLASHING SET IN CONT BED OF SEALANT SEALANT JOINT REQUIRED TO CONNECT AIR BARRIER TO SF OVERLAP VAPOR RETARDER ONTO AIR BARRIER FLASHING, TYP 1.16 07 42 13.13.C10 - METAL PANEL WINDOW HEAD FLASHING W/ WEEPS IN HORIZ CLEAT 06 16 00.B14 - LIQUID FLASHING, EXTEND PAST INT WINDOW SEALANT WA3 07 92 00.A12 - SEALANT, BS 08 41 13.B00 - STOREFRONT FRAME 06 10 53.A00 - MISCELLANEOUS ROUGH CARPENTRY 06 10 53.A02 - 3/4" PLYWOOD 05 12 00.B03 - HSS, RE: STRUC SHIM DOWN GB AS REQ'D TO CONCEAL JOINT 07 21 00.R02 - FILL VOID WITH LOOSE MINERAL-WOOL BATT INSULATION 07 27 26.A00 - FLUID-APPLIED MEMBRANE AIR BARRIER TO FOS 2" SEALANT JOINT REQUIRED TO CONNECT AIR BARRIER TO SF EXTEND VAPOR RETARDER AND OVERLAP ONTO AIR BARRIER FLASHING, TYP 07 92 00.A01 - 1/4" SEALANT 09 29 00.Q06 - VINYL 'L' CASING BEAD 1" EXTERIOR STEEL FRAMED WALL ASSEMBLY AS SCHEDULED, RE: FLOOR PLANS AND WALL SECTIONS (CLADDING VARIES NOT SHOWN FOR CLARITY) FLOOR FINISH AND BASE AS SCHEDULED RE: FINISH PLANS / INT ELEVATIONS 05 12 00.B01 - STEEL BEAM, RE: STRUC STEEL ANCHOR CLIP RE: STRUC 09 22 16.N01 - CONTINUOUS LIGHT GAUGE ANGLE CLOSURE TYP DIMENSION FROM INTERIOR FACE OF STUD TO SLAB EDGE, TYP UONRE: STRUCFLOOR ASSEMBLYAND POUR STOP09 29 00.C01 - 5/8" TYPE "X" GYPSUM BOARD CONTINOUS TO BOTTOM OF DECK, TYP UON AND WALL SECTION VARIES, RE: FLOOR PLANGRID 07 84 43.B01 - JOINT FIRESTOPPING SYSTEM 07 84 43.B01 - JOINT FIRESTOPPING SYSTEM 07 84 43.B01 - JOINT FIRESTOPPING SYSTEM WILLIAM A. HANSON 1898 FOETATS MONT A NAEMANZOB TAN ANOM A R C H IT ECTDES NECIL Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project Number Acoustical Engineer TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 Langlas & Associates, Inc. 1019 E Main Street, Suite 101 Bozeman, MT 59715 T: 406-585-3420 General Contractor City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 901 N. ROUSE AVE. & 300 E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR CONSTRUCTION AUGUST 14, 2020 ISSUE FOR BID JUNE 04, 2020 ADDENDUM 01 JULY 01, 2020 ADDENDUM 03 JULY 07, 2020 ADDENDUM 04 JULY 27, 2020 ADDENDUM 05 AUGUST 7, 2020 ASI 016 OCTOBER 9, 2020 2/17/2021 4:14:45 PMA-639 EXTERIOR DETAILS 1825 AMD SH JT BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN 2" 8"1" 4" A-6393" = 1'-0" 4 SECTION DETAIL - EXTERIOR LIGHT @ LEVEL 2 BRICK RECESS 2" 8"1" 4" A-6393" = 1'-0" 10 SECTION DETAIL - LEVEL 1 FORMED METAL PANEL TO SOFFIT 2" 8"1" 4" A-6393" = 1'-0" 7SECTION DETAIL - SOFFIT TO LEVEL 2 2" 8"1" 4" A-6393" = 1'-0" 6SECTION DETAIL - AREA A - SOFFIT 4"16"2" 8" A-6393" = 1'-0" 1 SECTION DETAIL - FORMED METAL PANEL TO MASONRY HEAD TRANSITION 4" 16"2" 8" A-6393" = 1'-0" 2 SECTION DETAIL - FORMED METAL PANEL TO MASONRY SILL TRANSITION 4" 16"2" 8" A-6393" = 1'-0" 12HEAD DETAIL AT SF AND METAL PANEL SOFFIT 4" 16"2" 8" A-6393" = 1'-0" 11SECTION DETAIL - LEVEL 1 MASONRY TO SOFFIT 2" 8"1" 4" A-6393" = 1'-0" 9SECTION DETAIL - SF-35 SILL LEVEL 2&3 2" 8"1" 4" A-6393" = 1'-0" 8SECTION DETAIL - SF-35 HEAD LEVEL 1&2 4" 16"2" 8" A-6393" = 1'-0" 3SECTION DETAIL - TYP LEVEL 2 SLAB EDGE 321 Change Estimate Report Project: Bozeman Public Safety Center CE No:79 Project # 19426 Revision #3 Change Source: PR 23 Date:1/28/2022 Description:South Lobby Furring Wall Category Quantity Unit Unit Cost Total -$ 06A.0610 1 sum 962.00$ 962.00$ 06B.0640 1 sum 3,028.00$ 3,028.00$ 09A.0920 1 sum 342.35$ 342.35$ 09B.0990 45 lf 26.50$ 1,192.50$ -$ -$ -$ -$ -$ 08B.0840 (1) sum 350.00$ (350.00)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 5,174.85$ GC/CM Business Insurance 0.625% 32.34$ CM Fee 3.2% 166.64$ Bond 1.0% 53.74$ 5,427.57$ TOTAL Interior Breakmetal at Curtainwall Sill DEDUCT Add furring wall (G1/3) as shown in detail 11/A-633 to allow HWS/HWR and electrical conduit to be routed to SE corner of Public Lobby (L-100), serving radiator (BB/2 and BB/3) as well as (3) power receptacles and access to an exterior power receptacle. Description ADD Framing Drywall Hang, Tape, Finish & Paint Drywall Reglet Under Window Sill Window Sill 322 SUBCONTRACTOR:LANGLAS - FRAMING CONTACT:ELIZABETH OLIVER ADDRESS:1019 E. MAIN ST SUITE 101 PROJECT ADDRESS:901 N ROUSE AVENUE PHONE:BOZEMAN, MT 59715 BOZEMAN, MT 59715 FAX:406-585-4110 THIS IS IN RESPONSE TO:PR 23 CCD #: CONTRACTOR:LANGLAS & ASSOCIATES RFI #: PROJECT MANAGER REQUESTED FROM:THINKONE ARCHITECTS ADDRESS:1019 E. MAIN ST SUITE 101 ON DATE:6/11/2021 BOZEMAN, MT 59715 SUBCONTRACTOR COR #:5 rev 2 PHONE:406-585-3420 FAX:406-585-4110 DESCRIPTION:Add furring wall in SE corner of Police Lobby DRAWINGS:A-401, A-431, A-432, A-512, A-514, A-630, A-633 Trade Description QTY Unit Unit Price Taxes Total Cost SUBCONTRACTORS: Paradigm Contractors 10 mh 75.00 $750.00 $0.00 $0.00 Description Hours Rate Labor Amt. Burden Total Cost LABOR: Carpenter 67.00 - - $0.00 Laborer 46.00 - - $0.00 Project Engineer 80.00 - included $0.00 Description QTY Unit Unit Price Taxes Total Cost MATERIAL: 3 5/8" SF STUD 143 30EQD G40 30 lf 0.44 $13.17 3 5/8" SF TRACK 125 30EQD G40 30 lf 0.38 $11.30 1 5/8" SF STUD 143 30EQD G40 100 lf 0.32 $31.75 1 5/8" SF TRACK 125 30EQD G40 100 lf 0.27 $26.69 $0.00 Description QTY Unit Unit Price Taxes Total Cost EQUIPMENT:$0.00 $0.00 $0.00 CREDITS: SUBTOTAL:$832.90 OVERHEAD: 10% $83.29 PROFIT : 5% $45.81 GRAND TOTAL: $962.00 NOTES: Authorized Signature Date SUBCONTRACTOR CHANGE ORDER REQUEST BOZEMAN PUBLIC SAFETY CENTER PROJECT NAME: 323 TMI Storage Systems Corporation 50 South Third Avenue West Dickinson, ND 58601 Ph: 701-456-6716 Fax: 701-456-6369 http://www.tmisystems.com Wednesday, May 26, 2021 Langlas & Associates Inc. Attn: Mark Dehn 1019 East Main Street, Suite 101 Bozeman, MT 59715 RE: Bozeman Public Safety Center Subject: PR 23 Mark, TMI’s interpretation to the added sills per PR 23 is as follows: Lobby L-100 – add (1) sill @ each CW-1, CW-2 & CW-3 window(3 total sills) Cost: $2,493.00 – material/freight/taxes $535.00 – labor $3,028.00 TOTAL Please confirm proposed costs are approved in order to proceed with incorporating changes. If you have any questions or need additional information, please call me at 701-456-6391, facsimile at 701-456-6369 or e-mail bryan.volesky@tmisystems.com Sincerely, TMI STORAGE SYSTEMS CORPORATION Bryan Volesky Bryan Volesky Project Manager 324 Allowance Spending Report Project: Bozeman Public Safety Center Allowance No:9 Project # 19426 Date Updated:8/25/2021 Description:Bid Package 9C - Acoustic Ceiling Tile and Wall Panels Starting Allowance Amount: 450,000.00$ Category Quantity Unit Unit Cost Total -$ 09C.0950 1 sum 633,023.00$ 633,023.00$ 09C.0950 1 sum 18,578.39$ 18,578.39$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTAL 651,601.39$ Theater Board for above 9Wood Ceilings Description ADD Blacktail Drywall & Paint 326 SUBCONTRACTOR AGREEMENT Contractor: LANGLAS & ASSOCIATES, INC. BOZ 1019 EAST MAIN STREET SUITE 101 BOZEMAN, MT 59715 (406) 585-3420 Project: BZN PUBLIC SAFETY 901 NORTH ROUSE AVE BOZEMAN, MT 59715 Subcontractor: BLACKTAIL DRYWALL AND PAINT PO BOX 13308 JACKSON, WY 83001 (307) 249-3342 Purchase Order #: 194260950 Contract Date: 7/30/2021 THIS SUBCONTRACT AGREEMENT is effective as of 7/30/2021, between Contractor and Subcontractor. The parties agree as follows: 1. Subcontractor shall furnish all necessary labor, materials, tools, equipment (including safety equipment) and coordination with other trades required for completion of the following Work A complete job of all work as required by Bid Package 9C attached and included in Section 00 24 13 of the Project Manual for the above named project. Subcontractor also agrees to requirements included in Section 00 24 00 General Requirements for all Bid Packages. All Alternates, Numbers 1 through 9, are accepted by the Owner and are included in the scope of this subcontract. Contract Breakdown Base Bid: $791,816.00 VE Option 2 Fine Fissured Tile: -$45,205.00 ADD Option 4 SAP-1 Wall Panels: $24,591.00 VE Option 5 9-Wood: -$138,179.00 TOTAL $633,023.00 This is a publicly funded project as is therefore subject to the 2020 State of Montana Prevailing Wage Rates for Building Construction Services schedule and Montana 1% Gross Receipts Tax. Copies of Certified Payroll shall be submitted monthly with each application for payment. Project Plans, Specifications and supporting documentation applicable to the project and this subcontract are: Bozeman Public Safety Center Issue for Bid Drawing Set, updated through the date of this agreement. a. Volume I b. Volume II c. Volume III Bozeman Public Safety Center Issue for Bid Project Manual, updated through the date of this agreement. a. Volume I b. Volume II c. Volume III in the construction of the above-named Project in accordance with the terms and provisions of the contract documents, including the invitation to bidders, the instructions to bidders, the bid packages, the proposal, the contract, all plans, specifications, the general conditions, the special conditions, the bond, addenda. 2. Scope of Work. Whether or not enumerated in the plans or specifications, the Work includes: (a) Any item of labor, services and material described in or reasonably inferred from the plans and specifications or customarily furnished as a part of performing work of the type required by this Subcontract, or to make the work comply with any law, ordinance or regulation, including but not limited to all scaffolding and equipment necessary or required for the performance of the Work, and all items and/or quantities that may be required by the actual conditions of the site. (b) All plans, drawings, permits and fees required by law, regulations, ordinances or building codes. Subcontractor shall provide, at its own expense, all ventilation, storage space, test samples, models, guarantees, permits, licenses, unloading facilities and services, temporary utilities, protection of adjacent work that has been installed by other trades, repair or replacement of work damaged by Subcontractor, and all other items necessary for the proper performance of the Work. Subcontractor shall pay for all inspection fees, royalties, and license fees relating to the Work and shall make all necessary arrangements and agreements so as not to infringe any patents, trademarks, and copyrights. 327 BLACKTAIL DRYWALL PO BOX 3151, JACKSON, WY 83001 Phone: 406-580-7953 Bid Summary BZN PS CENTER ACT - AWARD ADD MBI THEATRE BOARD TO WDC1 & 2 Bid No. 30,013 - Job No. CR01 Selected Sections: 01 00 00 GENERAL CONDITIONS, 09 50 00 ACOUSTICAL CEILINGS Selected Typical Areas: Selected Areas: (unassigned), LEVEL 1 (AREA A, AREA B, AREA C, AREA D), LEVEL 2 (AREA A, AREA B, AREA C, AREA D) Estimator:Job Status: Job Class: Bid Date/Time: 6/30/2021 2:00:00 PM Wage Type:Plans Date: MONTANA 1/31/2021 BTD MASTER, , ,Job Site: QuantityHeightConditionNo.Total Price WDC-1 @ 10' AFF - 9 WOOD 2116-2 W/ AMSTRONG BLK GRID SF1,852.592 6,524.62 WDC-2 @ 16' AFF - 9 WOOD - 3108-2 W/ ARMSTRONG BLACK GRID SF1,621.823 5,740.77 WDC-2 SLOPED - 9 WOOD - 3108-2 W/ ARMSTRONG BLACK GRID SF1,790.294 6,313.00 18,578.39Grand without additional markups Total: Additional Markups Total: Grand Total: 0.00 18,578.39 Page 1 1:26 pm08/25/2021 328 Change Estimate Report Project: Bozeman Public Safety Center CE No:97 Project # 19426 Revision #1 Change Source: PR 27 Date:1/14/2022 Description:Fire Station Alerting System Revisions Category Quantity Unit Unit Cost Total -$ 26A.2600 1 sum 2,076.64$ 2,076.64$ 27A.2700 1 sum 2,355.03$ 2,355.03$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 4,431.67$ GC/CM Business Insurance 0.625%27.70$ CM Fee 3.2%142.70$ Bond 1.0% 46.03$ 4,648.10$ Description ADD FSA Power and Tele/Data Rough-in FSA Voice/Data CAT6 Cabling & Termination TOTAL 329 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #PR027 Date:10/22/2021 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for PR027 which involves added electrical and tele/data rough in requirements for the FSA revisions. Note: Excludes all Tele/data wiring. Includes rough in only. Note: Fitness room went form a 4 square box with ring mounted horizontal to a 4 gang. Still 1 pipe to above ceiling will be provided and a new box will be cut in. Itemized Breakdown System Material($)Labor Hrs || POWER 197.49 7.63 || TELE/DATA 94.68 4.83 || REMOVE FSA IN 190 -37.68 -1.74 || TRAINING ROOM 44.08 8.95 Total 298.57 19.67 POWER Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 50 87.06 C 43.53 4.00C 2.00 3/4" CONN SS STL - EMT 4 78.02 C 3.12 12.50C 0.50 3/4" COUPLING SS STL - EMT 6 79.80 C 4.79 5.00C 0.30 3/4" 1-H STRAP - RMC - STEEL 2 20.53 C 0.41 6.75C 0.14 3/4" 1-H STRAP - RMC - MALL 5 250.00 C 12.50 6.75C 0.34 1/2" FLEX - STEEL 5 92.78 C 4.64 3.75C 0.19 ORIGINAL 330 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #PR027 Date:10/22/2021 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Description Qty Net Price U Total Mat.LaborU Total Hrs. 1/2" CONN FLEX DC SQUEEZE STRAIGHT 2 117.75 C 2.36 12.50C 0.25 #12 THHN SOLID BLACK 180 221.93 M 39.95 6.75M 1.22 4x 2 1/8" SQ BOX COMB KO 3 181.37 C 5.44 28.75C 0.86 4" SQ 1G PLSTR RING 1 1/2" RISE 1 386.70 C 3.87 3.13C 0.03 4" SQ 1G PLSTR RING 5/8" RISE 1 89.00 C 0.89 3.13C 0.03 4" SQ BLANK COVER 1 36.77 C 0.37 3.13C 0.03 BOX SUPPORT HOLD-ITS 11 547.47 C 60.22 10.00C 1.10 P&S 1G DPLX REC PLATE - NYLON IVY 2 22.69 C 0.45 3.38C 0.07 P&S 20A 125V DUP REC- IVY (SG)2 2.58E 5.16 25.00C 0.50 CADDY 512 BOX BRACKET 1 9.79E 9.79 0.07E 0.07 Totals 276 197.48 7.62 TELE/DATA Description Qty Net Price U Total Mat.LaborU Total Hrs. 1" CONDUIT - EMT 20 165.03 C 33.01 5.06C 1.01 1" CONN SS STL - EMT 4 144.89 C 5.80 15.00C 0.60 1" FIELD BEND - EMT 2 0.00E 0.00 0.63E 1.26 1" BUSHING - ALUM 2 803.23 C 16.06 3.25C 0.07 1" 1-H STRAP - RMC - STEEL 6 25.07 C 1.50 7.38C 0.44 3/4" CONN SADDLEGRIP DC FOR FLEX / AC-90 / MC 1 276.91 C 2.77 15.00C 0.15 4x 2 1/8" SQ BOX COMB KO 3 181.37 C 5.44 28.75C 0.86 4" SQ 1G PLSTR RING 1 1/2" RISE 2 386.70 C 7.73 3.13C 0.06 4" SQ 1G PLSTR RING 5/8" RISE 1 89.00 C 0.89 3.13C 0.03 BOX SUPPORT HOLD-ITS 2 547.47 C 10.95 10.00C 0.20 P&S 1G BLANK-BOX MNT PLATE - NYLON IVY 2 37.52 C 0.75 3.75C 0.07 CADDY 512 BOX BRACKET 1 9.79E 9.79 0.07E 0.07 Totals 46 94.69 4.83 REMOVE FSA IN 190 Description Qty Net Price U Total Mat.LaborU Total Hrs. 1" CONDUIT - EMT -10 165.03 C -16.50 5.06C -0.51 1" CONN SS STL - EMT -1 144.89 C -1.45 15.00C -0.15 1" FIELD BEND - EMT -1 0.00E -0.00 0.63E -0.63 1" BUSHING - ALUM -1 803.23 C -8.03 3.25C -0.03 1" 1-H STRAP - RMC - STEEL -3 25.07 C -0.75 7.38C -0.22 BOX SUPPORT HOLD-ITS -2 547.47 C -10.95 10.00C -0.20 Totals -18 -37.69 -1.74 TRAINING ROOM Description Qty Net Price U Total Mat.LaborU Total Hrs. P&S 1G DPLX REC PLATE - NYLON IVY 1 22.69 C 0.23 3.38C 0.03 P&S 20A 125V DUP REC- IVY (SG)1 2.58E 2.58 25.00C 0.25 CUT IN LARGER BOXES 1 0.00E 0.00 6.00E 6.00 ORIGINAL 331 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #PR027 Date:10/22/2021 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:3 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Description Qty Net Price U Total Mat.LaborU Total Hrs. 4G GANGABLE MANONRY BOX 1 41.27 E 41.27 0.67E 0.67 FSA VENDOR COORDINATION 1 0.00E 0.00 2.00E 2.00 Totals 5 44.08 8.95 Summary General Materials 298.57 Material Total 298.57 JOURNEYMAN (19.66 Hrs @ $61.00) 1,199.26 FOREMAN @ 25%(4.92 Hrs @ $61.00) 300.12 Subtotal 1,797.95 Overhead (@ 10.000 %) 179.80 Markup (@ 5.000 %) 98.89 Subtotal 2,076.64 Final Amount $2,076.64 ORIGINAL 332 Date 1/12/2022 Estimate # 74481 Name / Address Langlas & Associates 1019 East Main Street, Ste 101 Bozeman, MT 59715 CompuSource, Inc. 411 East Birch St. Bozeman, MT 59715 Job Name PR 27 FSA Terms Net 30 Project Bozeman Public Saf... Signature Phone # 406-587-1616 Fax #Web Site www.compusourcenow.com Item Description Qty Rate Total Langlas & Assoc. : BPSC : PR 27 labor labor to add one Cat 6 voice/data cables to room fitness 150 Sheet T-101b 3.00 75.00 225.00 CAT 6 4 PR PLE... CAT 6 Genspeed 6000 Mid grade Plenum 120.00 0.39 46.80 CJ688TG** Panduit Cat 6 jack 2.00 9.225 18.45 JP2W-L20 PANDUIT 2" J-HOOK BLACK 4.00 2.55 10.20 CBE** MINI-COM Executive Faceplates 1.00 5.00 5.00 MISC MISCELLANEOUS, labels, ties, Velcro... 1.00 5.00 5.00 Subtotal 310.45 labor labor to Move FSA data outlet in apparatus bay 160 Sheet T-101c (this is a no charge item) 0.00 0.00 0.00 labor labor to add 8 Cat 6 voice/data cables for FSA, room 188, 160A, 164, 162 Back to IDF-1D 12.00 75.00 900.00 CAT 6 4 PR PLE... CAT 6 Genspeed 6000 Mid grade Plenum 1.25 390.00 487.50 CJ688TG** Panduit Cat 6 jack 16.00 9.22375 147.58 CBE** MINI-COM Executive Faceplates 4.00 5.50 22.00 labor Credit labor for the deletion of one location with one cat 6 cable in room 190 -1.50 75.00 -112.50 CAT 6 4 PR PLE... CAT 6 Genspeed 6000 Mid grade Plenum -125.00 0.36 -45.00 labor labor Added work note T63 in room 294. This will reroute our cat 6 from Data Center to Closet IDF 1-D and will put it over the 295 feet, not sure of our pathway. This wont work if it is an ethernet base device. 6.00 75.00 450.00 CAT 6 4 PR PLE... CAT 6 Genspeed 6000 Mid grade Plenum 0.50 390.00 195.00 _____________________________________ $2,355.03 333 101 East Main – Studio One Bozeman, Montana 59715 phone: 406.586.7020 fax: 406.586.8470 ARCHITECTURAL SUPPLEMENTAL INSTRUCTIONS Project Name: Bozeman Public Safety Center Project No.: 1825 Location: Bozeman, Montana ASI No.: 63 Owner: City of Bozeman Contractor: Langlas & Associates 121 North Rouse Avenue 1019 East Main Street Bozeman, Montana 59715 Bozeman, Montana 59715 The Work shall be completed in accordance with the following supplemental instructions issued in accordance with the Contract Documents without change to the Contract Amount or Contract Time. SUPPLEMENTAL INSTRUCTIONS: Provide steel plate to accommodate brick veneer at FD east lobby exterior wall; WA6-12 offset from GL 2.6, and north of GL D.3 ATTACHMENTS: A-618 WALL SECTIONS – AREA D A-660 EXTERIOR DETAILS - FOUNDATION ThinkOne Jon Wirth Nov. 12, 2021 ISSUED BY (CONSULTANT) AUTHORIZED AGENT DATE By proceeding with the Work in accordance with these instructions, the Contractor acknowledges that there will be no change to the Contract Amount or Contract Time. 334 Quote number: 211118-2443 Prepared for:Prepared by: Jenna Chiono True North Steel - Jenna 1501 S 30th St W Billings, MT 59102 Phone: 406-869-2618 Chuck Gardenhire 112 Commercial Dr Bozeman, MT 59715 Phone: 269-804-9121 chuck@jmetalworks.com Jenna.Chiono@TrueNorthSteel.com Created date: Expiration date: 11/18/2021 11/20/2021 Quantity Unit Price Extended PriceNameItemMaterialGaugeWidthLength AS163 3 $183.440 $550.321MS 0.1880 in. A36 HR .18811.25 120.00 Secondary operations: Forming Split 1 Total:$550.32 11/18/2021 Page 1 of 1www.jmetalworks.com 336 SUBCONTRACTOR:LANGLAS - FRAMING CONTACT:ELIZABETH OLIVER ADDRESS:1019 E. MAIN ST SUITE 101 PROJECT ADDRESS:901 N ROUSE AVENUE PHONE:BOZEMAN, MT 59715 BOZEMAN, MT 59715 FAX:406-585-4110 THIS IS IN RESPONSE TO:ASI 63 CCD #: CONTRACTOR:LANGLAS & ASSOCIATES RFI #: PROJECT MANAGER REQUESTED FROM:THINKONE ARCHITECTS ADDRESS:1019 E. MAIN ST SUITE 101 ON DATE:11/12/2021 BOZEMAN, MT 59715 SUBCONTRACTOR COR #:9 PHONE:406-585-3420 FAX:406-585-4110 DESCRIPTION:Drill and epoxy anchor added ledger angle at FD East wall. Galvanized angle material provided by others. DRAWINGS:A-618, A-660 Trade Description QTY Unit Unit Price Taxes Total Cost SUBCONTRACTORS:$0.00 $0.00 $0.00 Description Hours Rate Labor Amt. Burden Total Cost LABOR: Carpenter 2 67.00 134.00 73.70 $207.70 Laborer 46.00 - - $0.00 Project Engineer 80.00 - included $0.00 Description QTY Unit Unit Price Taxes Total Cost MATERIAL: Wedge Anchors 50 each 3.23 $161.50 HILTI HY200 Epoxy 3 each 37.50 $112.50 Concrete Drill Bits 1 sum 50.00 $50.00 $0.00 $0.00 Description QTY Unit Unit Price Taxes Total Cost EQUIPMENT:$0.00 $0.00 $0.00 $0.00 CREDITS: SUBTOTAL:$531.70 OVERHEAD: 10% $53.17 PROFIT : 5% $29.24 GRAND TOTAL: $614.11 NOTES: Authorized Signature Date SUBCONTRACTOR CHANGE ORDER REQUEST BOZEMAN PUBLIC SAFETY CENTER PROJECT NAME: 337 Change Estimate Report Project: Bozeman Public Safety Center CE No:101 Project # 19426 Revision #1 Change Source: ASI 64 Date:1/14/2022 Description:Elevator FACP Cabling Category Quantity Unit Unit Cost Total -$ 27A.2700 1 sum 347.39$ 347.39$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 347.39$ GC/CM Business Insurance 0.625%2.18$ CM Fee 3.2%11.19$ Bond 1.0% 3.61$ 364.37$ Revise horizontal cabling for Elevator phone lines and Fire Alarm Control Panel. Description ADD Elevator Cabling Revisions TOTAL 338 Estimate Date 1/12/2022 Estimate # 74491 Name / Address Langlas & Associates 1019 East Main Street, Ste 101 Bozeman, MT 59715 CompuSource, Inc. 411 East Birch St. Bozeman, MT 59715 Job Name ASI 64 Terms Net 30 Project Bozeman Public Saf... Signature Phone # 406-587-1616 Fax #Web Site www.compusourcenow.com Total Item Description Qty Rate Total Langlas & Associates, Inc. : Bozeman Public Safety Center : ASI 64 labor CSI will keep all elevators at Cat 6 due to Specs call out for GenSpeed 5500 Plenum and with price increase will equal to cat 6. CSI will run two cat 6 from all Elavator 1, 2, 3 & 4 to MDF-1B. 4.00 75.00 300.00 CAT 6 4 PR PLE... CAT 6 Genspeed 6000 Mid grade Plenum 600.00 0.39 234.00 CSI will keep the Cat 5e Backbone in place and not use Cat 3. P110KB1004Y Panduit 100 Pair 110 Block Kit 2.00 71.195 142.39 labor labor 2. Sheet T-101d: COMMUNICATIONS FLOOR PLAN – LEVEL 01 – AREA D a. Revised the cabling at the FACP to be one (1) Category 6 cable in lieu of three (3) Category 6 cables. -2.00 75.00 -150.00 CJ688TG** Panduit Cat 6 jack -4.00 8.50 -34.00 CAT 6 4 PR PLE... CAT 6 Genspeed 6000 Mid grade Plenum -100.00 0.36 -36.00 labor labor Sheet T-401: ENLARGED TELECOM ROOM a. Revised the cabling at the FACP to be one (1) Category 6 cable in lieu of three (3) Category 6 cables. -1.00 75.00 -75.00 CJ688TG** Panduit Cat 6 jack -4.00 8.50 -34.00 _____________________________________ $347.39 339 Change Estimate Report Project: Bozeman Public Safety Center CE No:102 Project # 19426 Revision # Change Source: RFI 236 Date:12/6/2021 Description:Add Parapet Cap Flashing at Area D Roof Screen Walls Category Quantity Unit Unit Cost Total -$ 07C.0750 70 lf 12.55$ 878.16$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 878.16$ GC/CM Business Insurance 0.625%5.49$ CM Fee 3.2%28.28$ Bond 1.0% 9.12$ 921.05$ TOTAL Revise parapet cap detail 12/A-645 to extend full width of parapet framing and wrap down to lap top of corrugated metal panel on inside face of screen wall. Description ADD Revised Coping Cap Profile, detail 12/A-645 340 P.O. Box 17227 Missoula, MT 59808 Phone 406-829-9100 Fax: 406-829-8450 TO:Langlas & Associates, Inc. 1019 E. Main St. Ste. 101 Bozeman, MT 59715 CHANGE ORDER REQUEST DATE:CHANGE ORDER #:6 JOB NAME:Bozeman Public Safety JOB #: WE HEREBY PROPOSE TO MAKE THE FOLLOWING CHANGES: Install 90 LF of coping cap as per RFI #236 $1,129.00 Material $492.00 Labor $363.00 OHP 15%$128.25 Perdium $83.00 Mobilize $15.00 Cont Tax $10.81 Freight $37.00 $1,129.06 WE AGREE HEREBY TO MAKE THE FOLLOWING CHANGE SPECIFIED ABOVE AT THIS PRICE:1,129.00$ PREVIOUS CONTRACT AMOUNT:898,963.00$ REVISED CONTRACT TOTAL:900,092.00$ Summit Roofing Inc.DATE ACCEPTED BY DATE Bill Johns / President PRINTED NAME/TITLE PRINTED NAME/TITLE 11/29/2021 341 7/8" HatChannel7/8"Corrugated PanelMetalParapetCap342 343 Change Estimate Report Project: Bozeman Public Safety Center CE No:109 Project # 19426 Revision # Change Source: Sheet T-002, Note O Date:1/14/2022 Description:Data Sleeves for Low Voltage Systems Not Specifically Shown on Technology Drawings Category Quantity Unit Unit Cost Total -$ 26A.1600 1 sum 15,138.54$ 15,138.54$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 15,138.54$ GC/CM Business Insurance 0.625%94.62$ CM Fee 3.2%487.47$ Bond 1.0% 157.21$ 15,877.84$ TOTAL Note "O" on sheet T-002 calls for sleeves to be provided at locations where cable passes through walls, floors or foundations" and "sized to support cables per NEC". The Electrical contractor did not include through wall sleeves that were not specifically located or sized in the bid, as it could not be quantified at that time. The contracting team has completed coordination of Comm and Data, AV, Access Control and Surviellance systems cabling, and final sleeve size and locations requirements are now known and can be priced. Description DEDUCT FROM CONTINGENCY Data Sleeves 344 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #DATA SLEEVES Date:1/4/2022 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for DATA SLEEVES which involves the addition of tele/data sleeves. Itemized Breakdown System Material($)Labor Hrs || T-101A 481.45 21.55 || T-101B 375.08 10.96 || T-101D 119.82 9.45 || T-102A 272.35 17.70 || T-102B 113.80 5.12 || T-103A 551.68 11.93 || 235 TO IDF3A 352.79 5.98 || GENERAL 2,480.58 27.00 Total 4,747.55 109.69 T-101A Description Qty Net Price U Total Mat.LaborU Total Hrs. 1" CONDUIT - EMT 16 228.29 C 36.53 5.06C 0.81 1 1/2" CONDUIT - EMT 10 479.50 C 47.95 7.40C 0.74 2" CONDUIT - EMT 15 561.54 C 84.23 8.50C 1.27 3" CONDUIT - EMT 16 1,079.97 C 172.80 11.75C 1.88 4" CONDUIT - EMT 1 1,461.51 C 14.62 17.13C 0.17 1" BUSHING - PLASTIC 32 46.22 C 14.79 3.25C 1.04 1 1/2" BUSHING - PLASTIC 20 109.94 C 21.99 6.50C 1.30 ORIGINAL 345 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #DATA SLEEVES Date:1/4/2022 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Description Qty Net Price U Total Mat.LaborU Total Hrs. 2" BUSHING - PLASTIC 30 147.37 C 44.21 7.25C 2.17 3" BUSHING - PLASTIC 8 402.86 C 32.23 10.50C 0.84 4" BUSHING - PLASTIC 2 604.94 C 12.10 13.50C 0.27 HOLE SAW SHEETROCK 92 0.00E 0.00 0.12E 11.04 Totals 242 481.43 21.54 T-101B Description Qty Net Price U Total Mat.LaborU Total Hrs. 1" CONDUIT - EMT 1 228.29 C 2.28 5.06C 0.05 1 1/2" CONDUIT - EMT 4 479.50 C 19.18 7.40C 0.30 2" CONDUIT - EMT 7 561.54 C 39.31 8.50C 0.59 3" CONDUIT - EMT 1 1,079.97 C 10.80 11.75C 0.12 4" CONDUIT - EMT 14 1,461.51 C 204.61 17.13C 2.40 1" BUSHING - PLASTIC 2 46.22 C 0.92 3.25C 0.07 1 1/2" BUSHING - PLASTIC 8 109.94 C 8.80 6.50C 0.52 2" BUSHING - PLASTIC 14 147.37 C 20.63 7.25C 1.01 3" BUSHING - PLASTIC 2 402.86 C 8.06 10.50C 0.21 4" BUSHING - PLASTIC 10 604.94 C 60.49 13.50C 1.35 HOLE SAW SHEETROCK 36 0.00E 0.00 0.12E 4.32 Totals 99 375.08 10.94 T-101D Description Qty Net Price U Total Mat.LaborU Total Hrs. 1" CONDUIT - EMT 16 228.29 C 36.53 5.06C 0.81 2" CONDUIT - EMT 8 561.54 C 44.92 8.50C 0.68 1" BUSHING - PLASTIC 32 46.22 C 14.79 3.25C 1.04 2" BUSHING - PLASTIC 16 147.37 C 23.58 7.25C 1.16 HOLE SAW SHEETROCK 48 0.00E 0.00 0.12E 5.76 Totals 120 119.82 9.45 T-102A Description Qty Net Price U Total Mat.LaborU Total Hrs. 1" CONDUIT - EMT 25 228.29 C 57.07 5.06C 1.26 1 1/2" CONDUIT - EMT 2 479.50 C 9.59 7.40C 0.15 2" CONDUIT - EMT 12 561.54 C 67.38 8.50C 1.02 3" CONDUIT - EMT 4 1,079.97 C 43.20 11.75C 0.47 1" BUSHING - PLASTIC 50 46.22 C 23.11 3.25C 1.63 1 1/2" BUSHING - PLASTIC 4 109.94 C 4.40 6.50C 0.26 2" BUSHING - PLASTIC 24 147.37 C 35.37 7.25C 1.74 3" BUSHING - PLASTIC 8 402.86 C 32.23 10.50C 0.84 HOLE SAW SHEETROCK 86 0.00E 0.00 0.12E 10.32 Totals 215 272.35 17.69 ORIGINAL 346 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #DATA SLEEVES Date:1/4/2022 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:3 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 T-102B Description Qty Net Price U Total Mat.LaborU Total Hrs. 1" CONDUIT - EMT 6 228.29 C 13.70 5.06C 0.30 2" CONDUIT - EMT 15 561.54 C 84.23 8.50C 1.27 1" BUSHING - PLASTIC 12 46.22 C 5.55 3.25C 0.39 2" BUSHING - PLASTIC 7 147.37 C 10.32 7.25C 0.51 HOLE SAW SHEETROCK 22 0.00E 0.00 0.12E 2.64 Totals 62 113.79 5.12 T-103A Description Qty Net Price U Total Mat.LaborU Total Hrs. 3" CONDUIT - EMT 4 1,079.97 C 43.20 11.75C 0.47 4" CONDUIT - EMT 24 1,461.51 C 350.76 17.13C 4.11 3" BUSHING - PLASTIC 8 402.86 C 32.23 10.50C 0.84 4" BUSHING - PLASTIC 4 604.94 C 24.20 13.50C 0.54 4" 2-PC CONDUIT STRUT CLAMP 6 321.62 C 19.30 21.25C 1.27 1 5/8x 1 5/8x 14G STRUT GALV 8 522.23 C 41.78 12.50C 1.00 3/8" THREADED ROD - PLTD 25 143.88 C 35.97 3.75C 0.94 3/8-16 HEX NUT - PLTD STL 25 6.14C 1.53 2.75C 0.69 3/8" LOCK WASHER - PLTD STL 25 4.59C 1.15 1.25C 0.31 3/8x 1 FENDER WASHER - PLTD STL 25 6.21C 1.55 1.25C 0.31 HOLE SAW SHEETROCK 12 0.00E 0.00 0.12E 1.44 Totals 166 551.67 11.93 235 TO IDF3A Description Qty Net Price U Total Mat.LaborU Total Hrs. 4" CONDUIT - EMT 20 1,461.51 C 292.30 17.13C 3.43 4" BUSHING - PLASTIC 10 604.94 C 60.49 13.50C 1.35 HOLE SAW SHEETROCK 10 0.00E 0.00 0.12E 1.20 Totals 40 352.80 5.98 GENERAL Description Qty Net Price U Total Mat.LaborU Total Hrs. CORE DRILL 10 200.00 E 2,000.00 0.00E 0.00 HILTI CP506 36 8.79E 316.44 0.75E 27.00 HOLE SAW KIT 1 143.14 E 143.14 0.00E 0.00 EXTENSION BIT 1 21.00 E 21.00 0.00E 0.00 Totals 48 2,480.58 27.00 Summary General Materials 4,747.52 ORIGINAL 347 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #DATA SLEEVES Date:1/4/2022 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:4 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Summary (Cont'd) Material Total 4,747.52 JOURNEYMAN (109.63 Hrs @ $61.00) 6,687.43 FOREMAN @ 25%(27.41 Hrs @ $61.00) 1,672.01 Subtotal 13,106.96 Overhead (@ 10.000 %) 1,310.70 Markup (@ 5.000 %) 720.88 Subtotal 15,138.54 Final Amount $15,138.54 ORIGINAL 348 A A CP IF IF IF IF IF IF IF CP A P A A A A A A A P P P P A A A A A A A A A A ES SSC C C S C S ES M SS S C R S S S S C S S S CP FSD T-502 T-505 T-503 T-504 T-507 T-506 T-505 T-505 T-505 T-505 A C S S S S S S S C T-505 S IF T-508 T-506 AA AA IF E A S S S S S S SS EEE S S S OFFICE 110F OFFICE 110G SPECIAL PROJECTS 119 RR RR-110I OFFICE 110B WOMEN'S RR RR-120W CONFERENCE ROOM 118 JUV LOUNGE 110I COMMONS 120PUBLIC LOBBY L-100 DELIVERIES 100B INTERVIEW 100E OFFICE 100H OFFICE 110A OFFICE 110C OFFICE 110D KITCHENETTE 105A ELECT. 123 RECORDS 100A MEN'S RR RR-120M OFFICE - REPORTS 110H INTERVIEW 100D WORK/COPY 115 MEN'S RR RR-100M WOMEN'S RR RR-100W RR RR-110 CUST. 108 INTERVIEW 100C CONFERENCE ROOM 112 CHIEF'S OFFICE 114 DEPUTY CHIEF'S OFFICE 116 OFFICE 110E ICAC/ HUMAN TRAFF. 113 OUTSIDE AGENCY 111 FAMILY CARE 100F STORAGE ST-105 OFFICE 121 COMMUNITY ROOM 105 OFFICE 117 CORRIDOR C-110 CORRIDOR C-115 CORRIDOR C-125 VESTIBULE V-100 VESTIBULE V-105 STAIR 2 S-106 STAIR 1 S-102 ELEV. 1 EL-102 ELEV. 2 EL-106 ELEV. 3 EL-240 STORAGE ST-113 CORRIDOR C-120-S CONTINUATION: T-101bCONTINUATION: T-101bBRIEFING 122 CORRIDOR C-120-N OPEN OFFICE 1101 1 V V 1 1 -- 2 WM WM 2 2 2 222 2 2 AC 2 2 2 2 2 2 2 2 2 2 2 2 2 4 1 3 -- 1 1 V 2FB6 T 2 2 2 2 1 1 V 2 FB6 T 2 FB6 2 2 IDF-1A 22 2 2 AC 2 44 2 2 2 2 2 2 2 2 2 4 1 22 2 1 1 -- 1 1 --2 V 1 1 -- WAP 1 WAP 1 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1WAP 1 WAP 1WAP 1 WAP 1 1 11 1 1 11 1 WAP 1 WAP 1 WAP 1 WAP 1 22 FF 2 F IT 107 1 S 1 1 S-106.1 V-105.2 S-106.2 1 V CV 1 1 S 1 1 1 L-100 DR-100B.1 124 T-403 1 M2 M2 1 1100B.1CT-4x12 CT-4x12 ELEC 107 CT-4x12CT-4x12FBF FBF ES ACS EP A.1 A.2 A.3 A.4 A.5 A.6 A.7 A.8 A.9 A.10 A.11 A.12 A.13 A.14 1.3 1.17 1.16 1.15 1.14 1.13 1.12 1.11 1.10 1.9 1.8 1.7 1.6 1.5 1.4 1.1 T26 2 F FBF 2 22 FF 2 F 2 F 22 FF 2 F 2 F FBF 2 F 2 F 22 FF 2 F 2 F FBF 22 FF 2 F 2 F FBF FBF FBF CT-4x12 CT-4x12CT-4x12 CT-4x12 CT-4x12 (2) 4 INCH CONDUITS 4 2 2 2 2 2 FB6 3 CT-4x12CT-4x12 CT-4x12T37 V-110.2 2 2 VND S 100B.2 D D 2 FB6 1 WAP +120" (2) 4 INCH CONDUITS CT-4x12 T43 D 2 D D D D V-100.2 CT-4x12TELECOM ROOM MDF-1B BOUNDARYTELECOM ROOM IDF-1A BOUNDARYTELECOM ROOM IDF-1A BOUNDARYTELECOM ROOM IDF-1A BOUNDARY TELECOM ROOM IDF-1A BOUNDARY 2 2 2 FB6 2 FB6 2 1 1 ZONE 1 ZONE 2 S S S S S S S S M 1 S 2 1 -- 2 1 V T52 V T52 ALS S-102 +108" T66 T66 ALSALS AV A A A AA (1) 1 1/4 -INCH CONDUIT 2 B FB6 4 FB6 4 FB6 4 FB6 4 2 22 FF 2 F 2 F FBF FBF 22 FF 2 F 2 F 22 FF T68 T68 T68 22 FF 2 F 2 F FBF FBF 22 FF 2 F 2 F 2 F 22 FF 22 FF 2 F 2 F 2 2 4 T70 T70 T70 T70 T70 T70 T69 T69 T69 2 F 2 F 2 F F44 +46"P91 P91 +46" M1/D +46" M1/D P91 P91 F44 +46" M2 +46" M1 -- F44 SSS M M M T37 T37 --CT-4x12CT-4x12L L L 22 22 ASI 57 2 ASI 57 NA BCD© Copyright BCER EngineeringALL DRAWINGS, SPECIFICATIONS, AND OTHER WORK PRODUCT PREPARED BY BCER ENGINEERING FOR THIS PROJECT ARE INSTRUMENTS OF SERVICEAND SHALL REMAIN THE PROPERTY OF BCER ENGINEERING. BCERENGINEERING SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT THERETO.Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project NumberGeneral Contractor TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Langlas & Associates, Inc. 1019 E Main Street, Suite 101 Bozeman, MT 59715 T: 406-585-3420 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 Acoustical Engineer City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 901 N. ROUSE AVE. & 300 E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 BCER PROJECT 868190038/30/2021 10:21:22 AMBIM 360://Bozeman Public Safety Center/86819003-BozemanPublicSafetyCenter-Comm-R19.rvtT-101a COMMUNICATIONS FLOOR PLAN - LEVEL 01 - AREA A 1825 BCER BCER BCER BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN JUNE 4, 2020ISSUE FOR BID JULY 1, 2020ADDENDUM 1 AUGUST 14, 2020ISSUE FOR CONSTRUCTION OCTOBER 9, 2020ASI 16 NOVEMBER 19, 2020ASI 24 DECEMBER 21, 2020PR 11 FEBRUARY 16, 2021PR 15 APRIL 23, 2021PR 8A APRIL 30, 2021PR 21 ASI 57 August 30, 2021 WORK NOTES T68 ROUTE CAT 6 CABLES IN 1 1/4-INCH CONDUIT WITHIN THE FRAMED WALL AND THEN THROUGH THE SYSTEMS FURNITURE DEMOUNTABLE WALL SYSTEM. REFER TO DETAIL TE-FF. FACEPLATES AND CONNECTORS AT THE DEMOUNTABLE WALLS SHALL BE PROVIDED BY THE TELECOMMUNICATIONS CONTRACTOR. FACE T69 ROUTE CAT 6 CABLES IN 1 1/4-INCH CONDUIT DOWN THE STRUCTURAL COLUMN AND THEN THROUGH THE SYSTEMS FURNITURE DEMOUNTABLE WALL SYSTEM. REFER TO DETAIL TE-FF. FACEPLATES AND CONNECTORS AT THE DEMOUNTABLE WALLS SHALL BE PROVIDED BY THE TELECOMMUNICATIONS CONTRACTOR. FACEPLATE AND CONNECTOR FINISH AND COLOR TO BE SELECTED BY ARCHITECT FROM MANUFACTURER'S FULL RANGE. T70 FLOORBOX AT THIS LOCATION IS FOR FUTURE USE. PROVIDE EMPTY CONDUIT WITH PULL STRING. WORK NOTES T26 S2 MAGIC MONITOR DIGITAL SIGNAGE. LOCATE MAGIC BRICK BEHIND EACH DISPLAY. T37 PROVIDE 1-INCH CONDUIT AND J-BOX ROUGH-IN FOR CAMERAS, MICROPHONE / DURESS AND CARD READER DEVICES IN INTERVIEW ROOM. ALL CONDUIT SHALL BE ROUTED TO 14X14-INCH ENCLOSURE WITH 120V POWER OUTLET ABOVE ACCESSIBLE CEILING NEAR INTERVIEW ROOM DOOR AS SHOWN. REFER TO INTERVIEW ROOM SYSTEM DESCRIPTION PER ROOM ON SHEET T-514 FOR CABLING AND DEVICE INSTALLATION REQUIREMENTS PRIOR TO ROUGH-IN. COORDINATE INSTALLATION WITH ALL PARTIES INVOLVED AS NOTED ON THE COMMUNICATIONS RESPONSIBILITY MATRIX ON SHEET T-006. T43 PROVIDE CABLE LOOP IN CABLE TRAY FOR EXPANSION JOINT TO ALLOW THE CABLE TO EXPAND AND CONTRACT ACCORDINGLY. PROVIDE ENOUGH SLACK FOR TWO TIMES THE DESIGNED MOVEMENT OF THE EXPANSION JOINT. T52 ROUGH IN ONLY T66 PROVIDE PAC526FCW AT THIS LOCATION (WITH COVER).N0 8'8' 4' 1/8" = 1'-0" 1 COMMUNICATIONS FLOOR PLAN - LEVEL 01 - AREA A Compusource 12ea - 1" 6ea - 1-1/2" 9ea - 2" 1ea - 4" LONG 2ea - 1-1/2" 4ea - 1" AVI 3ea - 2" Compusource2" Compusource2" Compusource1"Compusource2" Compusource1"Compusource1"Compusource1" Compusource 1" Compusource2" Compusource2"Compusource1-1/2" Compusource1" Compusource1"Compusource1"Compusource 1" Compusource1"Compusource1"Compusource1" Shared3"Shared3" Shared3"Shared3" Compusource4 Compusource2" LONG1" LONG 1" AVI2" AVI2" AVI2" Can consolidate these - would 3"suffice for everyone's use? Compusource1" 349 FSDFSD E SM C C S S M C SC C ES SC CS R C SS ES S S S WSSC C C C S CESC E SSS C S C C C C C M C R ST-505 T-505 S FSDS C S S S S SCC S S M C S M S T-514 SSSS SS SS S SSS S S E E E EIF IF IF IF IF T-514 S S S S VESTIBULE V-110 WATER M-124 CORRIDOR C-125 STAIR 3 S-126 WATER M-124 CONTINUATION: T-101aCONTINUATION: T-101a VEHICLE EXAM BAY 144 EVIDENCE PROCESSING 142 SALLY PORT 140 DIGITAL FORENSICS 142E EVIDENCE 146 BUILDING STORAGE (FUTURE EXPANSION) 148 ELEC. ROOM 148B OFFICE 142F IT 148A STORAGE 142D OFFICER BAG/TAG 142A VEST V-142 VEST V- 146 DISCOVERY 146B NARC VAULT 146C DRY 142B DRY 142C MONITOR 130 SHOWER 154D CLEANING 154C DECON 154B WASH BAY 154A F.D. STORAGE 156A BICYCLE STORAGE 140B CASCADE 152A SECURE RR RR-130 SECURE INTERVIEW LARGE 136 SECURE INTERVIEW 134 SECURE INTERVIEW 132 STORAGE ST-131 ADA SHOWER RR-126 STORAGE ST-150 BUNK 125 FITNESS 150 SECURE INTERVIEW 133 EQUIP. 110J IT 129 ARMORY 124 SHOWER RR-128 SCBA MAINT. 152 TURNOUT GEAR 154 SECURE CORRIDOR C-130 FD WORK 156 STAIR 4 S-151 ELEV 4 EL-260 CONTINUATION: T-101c CONTINUATION: T-101c MDF-1B IDF-1B 4 12 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 2 2 2 2 2 2 2 2 7 2 2 2 WATER M-124 1 S 124 C-120-N 129 150.1 S-126.1 M2FSD FSD T-401 1 T-404 1 144.3 1 140.3 1 S 1 146C 146B.2 148.2 1 1 1 1 S 1 CV 1 MV 1 1 VSS 146 144 1 V-142.1 142A 148.1 1ACS148A CT-4x12 1 S 1 1 130 D ES ACS V-146 146B.1148B.2 T35 ELEC A.15 B.1 B.2 B.3 C.1 C.1 2.7 2.7 2.2 2.2 1.3 1.3 1.16 1.15 1.14 1.13 1.12 1.12 1.11 1.11 1.10 1.10 1.9 1.9 1.8 1.8 1.7 1.7 1.6 1.6 1.5 1.5 1.4 1.4 -- -- 22 2 2 2 CT-4x12 (2) 4 INCH CONDUITS AND (1) 2-INCH CONDUIT (2) 4 INCH CONDUITS (2) 4 INCH CONDUITS T39 T39 1 V RR 142G V-142.2 1 1 -- 1 1 -- 1 T41 2 2 2 2 2 FB6 2 FB6 2 FB6 2 FB6 2 CUSTODIAL 127 CT-4x122 2 1 WAP +120" 1WAP +120" FSD T43 (2) 4 INCH CONDUITS AND (1) 2-INCH CONDUITCT-4x12T43 (1) 1 INCH CONDUIT FSA 140.2144.2 150.4 140.1 TELECOM ROOM IDF -1D BOUNDARY TELECOM ROOM MDF -1B BOUNDARY TELECOM ROOM MDF-1B BOUNDARYTELECOM ROOM IDF-1B BOUNDARYTELECOM ROOM MDF-1B BOUNDARYTELECOM ROOM IDF-1B BOUNDARY+120"TELECOM ROOM IDF -1B BOUNDARY TELECOM ROOM IDF -1B BOUNDARY 2 2 2 2 2 2 2 2 2 2 2 2 2 AC 2 AC +72"+72" S S S S S S S S S S S S S S S S V-110.5 M V-110.3 S T51 1 S D D T35 140A V-142.4 V-142.5 DT50T50 L L M-124 +42"T50 L 148B.1 T55 T55 T55 2 T61 AC AC AC AC 1 MV FB6 2 FB6 2 PR 8A B P91 P91 +46" M1/D P91 P91 +46" M1/D M2 -- P91 P91 M2 +46" M1/D P91 -- P91 M2 +46" M1/D P91 PR8A S S S S T37 T37T37 T37 CT-4x12 PR8A CT-4x12 CT-4x12 PR8A IF IF (2) 4 INCH CONDUITS AND (1) 2-INCH CONDUIT W L L L L NA BCD© Copyright BCER EngineeringALL DRAWINGS, SPECIFICATIONS, AND OTHER WORK PRODUCT PREPARED BY BCER ENGINEERING FOR THIS PROJECT ARE INSTRUMENTS OF SERVICEAND SHALL REMAIN THE PROPERTY OF BCER ENGINEERING. BCERENGINEERING SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT THERETO.Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project NumberGeneral Contractor TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Langlas & Associates, Inc. 1019 E Main Street, Suite 101 Bozeman, MT 59715 T: 406-585-3420 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 Acoustical Engineer City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 901 N. ROUSE AVE. & 300 E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 BCER PROJECT 868190034/22/2021 3:40:14 PMBIM 360://Bozeman Public Safety Center/86819003-BozemanPublicSafetyCenter-Comm-R19.rvtT-101b COMMUNICATIONS FLOOR PLAN - LEVEL 01 - AREA B 1825 BCER BCER BCER BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN JUNE 4, 2020ISSUE FOR BID JULY 1, 2020ADDENDUM 1 AUGUST 14, 2020ISSUE FOR CONSTRUCTION OCTOBER 9, 2020ASI 16 NOVEMBER 19, 2020ASI 24 DECEMBER 21, 2020PR 11 FEBRUARY, 16, 2021PR 15 APRIL, 23, 2021PR 8A WORK NOTES T35 OVERHEAD DOORS SHALL BE PROGRAMMED TO INTERLOCK TO PREVENT BOTH BEING OPENED AT THE SAME TIME AND TO PREVENT INBOUND DOOR TO OPEN IF VEHICLE IS INSIDE. T37 PROVIDE 1-INCH CONDUIT AND J-BOX ROUGH-IN FOR CAMERAS, MICROPHONE / DURESS AND CARD READER DEVICES IN INTERVIEW ROOM. ALL CONDUIT SHALL BE ROUTED TO 14X14-INCH ENCLOSURE WITH 120V POWER OUTLET ABOVE ACCESSIBLE CEILING NEAR INTERVIEW ROOM DOOR AS SHOWN. REFER TO INTERVIEW ROOM SYSTEM DESCRIPTION PER ROOM ON SHEET T-514 FOR CABLING AND DEVICE INSTALLATION REQUIREMENTS PRIOR TO ROUGH-IN. COORDINATE INSTALLATION WITH ALL PARTIES INVOLVED AS NOTED ON THE COMMUNICATIONS RESPONSIBILITY MATRIX ON SHEET T-006. T39 RFID READER SHALL BE MOUNTED INSIDE SALLY PORT TO CONTROL OVERHEAD DOOR. COORDINATE WITH ARCHITECT AND GENERAL CONTRACTOR FOR EXACT MOUNTING LOCATION. COORDINATE WITH OWNER ON READ RANGE. T41 RESTROOM CAMERA SHALL HAVE PRIVACY MASKING ENABLED THROUGH CAMERA. T43 PROVIDE CABLE LOOP IN CABLE TRAY FOR EXPANSION JOINT TO ALLOW THE CABLE TO EXPAND AND CONTRACT ACCORDINGLY. PROVIDE ENOUGH SLACK FOR TWO TIMES THE DESIGNED MOVEMENT OF THE EXPANSION JOINT. T50 USE OF CARD READER ON OUTSIDE DOOR SHALL TRIGGER ALARM AT EVIDENCE ROOM MAGIC MONITOR AND ILLUMINATE LOCAL RESET BUTTON AT INSIDE DOOR. ACCESS CONTROL FROM OUTER DOOR SHALL BE RESTRICTED UNTIL LOCAL RESET BUTTON IS ACTUATED. T51 LOCAL STROBE / SOUNDER SHALL ACTIVATE WHEN DOOR IS OPENED WITHOUT USE OF PROPER CREDENTIAL AT CARD READER. SHALL RESET AFTER 30 SECONDS. T55 PROVIDE DATA OUTLET WITHIN THE FURNITURE CASEWORK. COORDINATE EXACT LOCATION WITH THE CASEWORK INSTALLER. T61 PROVIDE ROUGH-IN FOR FIRE STATION EMERGENCY ALERT. COORDINATE FINAL LOCATION AND EXACT ROUGH-IN REQUIREMENTS WITH THE FIRE STATION ALERT CONTRACTOR. N 0 8'8' 4' 1/8" = 1'-0" 1 COMMUNICATIONS FLOOR PLAN - LEVEL 01 - AREA B PR8A CMU Penetration CMU Penetration CMU Penetration Compusource 1-1/2" Compusource 1-1/2" Compusource 1-1/2" Compusource 1-1/2" Compusource 2ea 4" Compusource 2ea 4" Compusource 2"Shared 4" Compusource 1" Compusource 1" Shared 2" Compusource 1" Compusource 1-1/2" LONG 3" LONG 1" LONG 6" LONG 2ea 6" LONG 1-1/2" LONG 1" LONG 3" LONG 2"LONG 1" Compusource 1" - 8ea 1-1/2" - 5ea 2" - 4ea 4" - 4ea eliminated 1ea 1" in secure int. 133 for re-routed cable tray LONG 1" - 5ea 1-1/2" - 1ea 2" - 1ea 3" - 3ea 6" - 3ea AVI Local to rooms. No sleeves needed. Shared 2" Shared 2" Shared 6" CMU Penetration CMU Penetration CMU Penetration CMU Penetration 350 MCSCCESSCCMCS1REFER TO US DIGITAL DESIGNS DRAWINGS AND THE ELECTRICAL DRAWINGS FOR ADDITIONALCONDUIT AND BOX REQUIREMENTS FOR THE FIRE STATION ALERTING SYSTEM. COORDINATEFINAL LOCATIONS WITH THE FIRE STATION ALERT CONTRACTOR.WASH BAY154AAPPARATUSBAY160APPARATUSBAY160CONTINUATION: T-101bCONTINUATION: T-101bCONTINUATION: T-101dCONTINUATION: T-101dAPPARATUSBAY160APPARATUSBAY160WAP1WAP1W1144.3140.3SDV-170.1V-160.1V-160.22B.3C.1C.2C.3C.4C.52.72.72.62.52.42.32.22.11.31.151.141.131.121.111.101.91.8221FSA2FSA2FSA1FSA(2) 4-INCH CONDUITS22V-170.2+90"+90"1WAP+120"FSA140.2144.2150.4TELECOM ROOM IDF -1D BOUNDARYTELECOM ROOM MDF -1B BOUNDARYTELECOM ROOM IDF-1D BOUNDARYTELECOM ROOM IDF-1D BOUNDARY+120"TELECOM ROOM IDF -1B BOUNDARY+120"SD+42"T50T61T60T60GENERAL PLAN NOTESN ABCD © Copyright BCER EngineeringALL DRAWINGS, SPECIFICATIONS, AND OTHER WORK PRODUCT PREPARED BY BCER ENGINEERING FOR THIS PROJECT ARE INSTRUMENTS OF SERVICEAND SHALL REMAIN THE PROPERTY OF BCER ENGINEERING. BCERENGINEERING SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT THERETO.Project Number:Drawn By:Reviewed By:Approved By:IssueDateThinkOne Architects101 E Main St. Studio 1Bozeman, MT, 59715T: 406-586-7020ArchitectMEP EngineerAssociate ArchitectLandscape ArchitectInformation TechnologyCivil Engineer SealProject NumberGeneral ContractorTCA Architecture + Planning6211 Roosevelt Way NeSeattle, WA 58115T: 206-522-3830Associated Construction Engineering Inc.12 N BroadwayBelgrade, MT, 59714T: 406-388-3320Morrison-Maierle, Inc.2880 Technology Blvd.Bozeman, MT 59715T: 406-587-0721Design 5 Landscape Architecture37 E Main StBozeman, MT, 59715T: 406-587-4873BCER Engineering10807 New Allegiance Dr., Suite 400Colorado Springs, CO 80921T: 719-533-1112Langlas & Associates, Inc.1019 E Main Street, Suite 101Bozeman, MT 59715T: 406-585-3420Big Sky AcousticsPO BOX 27Helena, MT 59624T: 406-457-0407Acoustical EngineerCity of Bozeman121 N Rouse Ave.Bozeman, MT 59715T: 406-582-2300F: 406-582-2301901 N. ROUSE AVE. & 300 E. OAK ST., BOZEMAN MTAndersonMasonDale Architects, P.C.3198 Speer BoulevardDenver, CO 80211T: 303-294-9448Associate ArchitectStructural Engineer Morrison-Maierle, Inc.2880 Technology Blvd.Bozeman, MT 59715T: 406-587-0721BCER PROJECT 868190036/4/2020 9:58:48 AMBIM 360://Bozeman Public Safety Center/86819003-BozemanPublicSafetyCenter-Comm-R19.rvtT-101cCOMMUNICATIONS FLOOR PLAN - LEVEL01 - AREA C1825BCERBCERBCERBOZEMAN PUBLICSAFETY CENTER1825CITY OF BOZEMANJUNE 4, 2020ISSUE FOR BIDN08'8' 4'1/8" = 1'-0"1COMMUNICATIONS FLOOR PLAN - LEVEL 01 - AREA CWORK NOTEST50 USE OF CARD READER ON OUTSIDE DOOR SHALL TRIGGER ALARM AT EVIDENCEROOM MAGIC MONITOR AND ILLUMINATE LOCAL RESET BUTTON AT INSIDE DOOR.ACCESS CONTROL FROM OUTER DOOR SHALL BE RESTRICTED UNTIL LOCAL RESETBUTTON IS ACTUATED.T60 LOCATION OF FIRE STATION ALERT MESSAGE SIGN. REFER TO DETAIL TE-GSS FORADDITIONAL REQUIREMENTS. COORDINATE FINAL LOCATION WITH THE FIRESTATION ALERT CONTRACTOR.T61 PROVIDE ROUGH-IN FOR FIRE STATION EMERGENCY ALERT. COORDINATE FINALLOCATION AND EXACT ROUGH-IN REQUIREMENTS WITH THE FIRE STATION ALERTCONTRACTOR.351 IF FSDS C C S S C C CS S C C C C T-508 T-508 T-508 T-508T-508 T-508 T-508 T-508T-513 A A A A IF T-505 T-508 SE CSE E SIF IF IFIF IF T-508 1 REFER TO US DIGITAL DESIGNS DRAWINGS AND THE ELECTRICAL DRAWINGS FOR ADDITIONAL CONDUIT AND BOX REQUIREMENTS FOR THE FIRE STATION ALERTING SYSTEM. COORDINATE FINAL LOCATIONS WITH THE FIRE STATION ALERT CONTRACTOR. CONTINUATION: T-101c CONTINUATION: T-101c SHOWER RR-161 FD STORAGE 160C SLEEPING ROOM 172 VESTIBULE V-180 SHOWER RR-163 STORAGE ST-183 EMS 196 EMS 194 TRAINING 192 OFFICE 184 ADMIN 182 FIRE CHIEF 198 CONFERENCE 193 OPEN OFFICE 185 DAYROOM 183 KITCHEN/ DINING 181 EMS STORAGE 160D WATER/ELECT. 169 LAUNDRY 167 LOBBY L-180 SLEEPING ROOM 170 SLEEPING ROOM 174 SLEEPING ROOM 168 SLEEPING ROOM 166 SLEEPING ROOM 164 OFFICE 162 RR RR-180 SLEEPING ROOM 162A FF WORK AREA 160A SHOWER RR-165 CORRIDOR C-190 CORRIDOR C-170 OFFICE 160B AIR LOCK/ BOOTWASH V-160 IT 176 SHOWER RR-162 RR RR-189 BATTALION CHIEF 188 FIRE MARSHAL 186 OPERATIONS CHIEF 190 CUSTODIAL 183A CUSTODIAL 171 BREAK RM 191 ADA SHOWER RR-187 VESTIBULE V-190 AIRLOCK V-170 CORRIDOR C-180 CT-4x12 CT-4x12CT-4x12 CT-4x12CT-4x12CT-4x12 CT-4x12CT-4x12CT-4x12 IDF-1D 2 2 2 2 2 2 2 2 2 2 2 3 2 2 2 2 2 2 2 1 V 2 1 3 1 V 2 1 B1 1 T --1 1 --1 1 --1 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 --2 1 --2 12 2 2 2 2 2 2 2 2 2 1 W WAP 1 W 1 2 F 2 F B V-180.2 CV L-180.2 D MV 1 V-190.2 181.1 176 1 MV 1 V-170.1 V-160.1 V-160.2FSD2 2 2 AC 2 2 2 ELEC T-405 1 C.6 D.2 D.3 D.4 D.5 D.6 2.15 2.15 2.13 2.13 2.11 2.11 2.9 2.7 2.6 2.5 2.4 2.3 2.2 2.1 1.3 (2) 4 INCH CONDUITS 3 1 FSA 2 2 2 2 21 FSA 1 FSA 1 FSA 1 FSA 1 FSA 1 FSA 1FSA FSA FBF 2 2 2 FSA 1 FSA 1 ESACSM L-180.1 FB6 2 1 +84" -- 1 1 -- S 1 V-170.2 S 1 WAP1 +90" +90" +72"+72"+72"+72"+72" +72" +72" +72" 1 1 +120" AC FSA +42" 22 VV 2 2 S 1TELECOM ROOM IDF-1D BOUNDARYTELECOM ROOM IDF-1D BOUNDARY+120" TELECOM ROOM IDF-1D BOUNDARY TELECOM ROOM IDF-1D BOUNDARY TELECOM ROOM IDF-1D BOUNDARY CT-4x12 AC AC AC AC AC AC S S S S T53 T53 T53 T53 T53 FSA 1 FACP T61 T61 T63 T63 T63T63T63T63T63--1 1 T73 V 1 +60" 1 +60" T73 T72 FSA FSA 1 FSA 1 FSA T74 ASI 64 GENERAL PLAN NOTES NA BCD© Copyright BCER EngineeringALL DRAWINGS, SPECIFICATIONS, AND OTHER WORK PRODUCT PREPARED BY BCER ENGINEERING FOR THIS PROJECT ARE INSTRUMENTS OF SERVICEAND SHALL REMAIN THE PROPERTY OF BCER ENGINEERING. BCERENGINEERING SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT THERETO.Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project NumberGeneral Contractor TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Langlas & Associates, Inc. 1019 E Main Street, Suite 101 Bozeman, MT 59715 T: 406-585-3420 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 Acoustical Engineer City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 901 N. ROUSE AVE. & 300 E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 BCER PROJECT 8681900311/16/2021 7:10:57 AMBIM 360://Bozeman Public Safety Center/86819003-BozemanPublicSafetyCenter-Comm-R19.rvtT-101d COMMUNICATIONS FLOOR PLAN - LEVEL 01 - AREA D 1825 BCER BCER BCER BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN JUNE 4, 2020ISSUE FOR BID JULY 1, 2020ADDENDUM 1 AUGUST 14, 2020ISSUE FOR CONSTRUCTION OCTOBER 9, 2020ASI 16 NOVEMBER 19, 2020ASI 24 DECEMBER 21, 2020PR 11 FEBRUARY 16, 2021PR 15 APRIL 23, 2021PR 8A APRIL 30, 2021PR 21 PR 27 OCTOBER 06, 2021 ASI 64 NOVEMBER 17, 2021 WORK NOTES T53 PROVIDE BACKING FLOOR TO CEILING TO ALLOW FOR FUTURE MOUNT OF DISPLAY ABOVE OR BELOW DISPLAY SHOWN. T61 PROVIDE ROUGH-IN FOR FIRE STATION EMERGENCY ALERT. COORDINATE FINAL LOCATION AND EXACT ROUGH-IN REQUIREMENTS WITH THE FIRE STATION ALERT CONTRACTOR. T63 LOCATION OF FIRE STATION ALERT ROOM REMOTE. REFER TO DETAIL TE-RR2 FOR ADDITIONAL REQUIREMENTS. COORDINATE FINAL LOCATION WITH THE FIRE STATION ALERT CONTRACTOR. HORIZONTAL CABLING SHALL BE TERMINATED IN TELECOM ROOM IDF-1D AT THE FIRE STATION ALERT SYSTEM PATCH PANEL. T72 PROVIDE DATA OUTLET WITH CABLES AS INDICATED. (2) CAT 6 CABLES SHALL BE FOR DATA NETWORK AND (1) CAT 6 CABLE SHALL BE FOR THE FIRE STATION EMERGENCY ALERT. T73 PROVIDE DATA OUTLET WITH CABLES AS INDICATED. (2) CAT 6 CABLES SHALL BE FOR DATA NETWORK AND (1) CAT 6 CABLE SHALL BE FOR THE FIRE STATION EMERGENCY ALERT RADIO. T74 PROVIDE ONE (1) CATEGORY 5E CABLE TO THE FIRE ALARM CONTROL PANEL. N 0 8'8' 4' 1/8" = 1'-0" 1 COMMUNICATIONS FLOOR PLAN - LEVEL 01 - AREA D ASI 64 Compusource 2" Compusource 1" - 16ea 2" - 9ea LONG I think we can utilize the tray and won't need penetrations for LONG. Need to verify with Darren. AVI Local to rooms. No sleeves needed. Compusource 1" Compusource 1" Compusource 1" Compusource 2" Compusource 2" Compusource 2" Compusource 2" Compusource 1" Compusource 1" Compusource 2" Compusource 1" Compusource 1" Compusource 1" Compusource 1" Compusource 1" Compusource 1" Compusource 1" Compusource 2" Compusource 2" Compusource 1"Compusource 1" Compusource 1" Compusource 1" CMU Penetration 352 AREA AAREA BDATA CENTERA.1A.2A.3A.4A.5A.6A.7A.8A.9A.10A.11A.12A.13A.14A.15B.1B.2B.3C.1C.22.72.22.21.31.171.161.151.141.131.121.111.101.91.81.71.61.51.41.1TELECOM ROOM IDF-3A BOUNDARYTELECOM ROOM IDF-3A BOUNDARYTELECOM ROOM IDF-3A BOUNDARYTELECOM ROOM IDF-3A BOUNDARYDATA CENTER BOUNDARYDATA CENTER BOUNDARYDATA CENTER BOUNDARYDATA CENTER BOUNDARYN ABCD © Copyright BCER EngineeringALL DRAWINGS, SPECIFICATIONS, AND OTHER WORK PRODUCT PREPARED BY BCER ENGINEERING FOR THIS PROJECT ARE INSTRUMENTS OF SERVICEAND SHALL REMAIN THE PROPERTY OF BCER ENGINEERING. BCERENGINEERING SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT THERETO.Project Number:Drawn By:Reviewed By:Approved By:IssueDateThinkOne Architects101 E Main St. Studio 1Bozeman, MT, 59715T: 406-586-7020ArchitectMEP EngineerAssociate ArchitectLandscape ArchitectInformation TechnologyCivil Engineer SealProject NumberGeneral ContractorTCA Architecture + Planning6211 Roosevelt Way NeSeattle, WA 58115T: 206-522-3830Associated Construction Engineering Inc.12 N BroadwayBelgrade, MT, 59714T: 406-388-3320Morrison-Maierle, Inc.2880 Technology Blvd.Bozeman, MT 59715T: 406-587-0721Design 5 Landscape Architecture37 E Main StBozeman, MT, 59715T: 406-587-4873BCER Engineering10807 New Allegiance Dr., Suite 400Colorado Springs, CO 80921T: 719-533-1112Langlas & Associates, Inc.1019 E Main Street, Suite 101Bozeman, MT 59715T: 406-585-3420Big Sky AcousticsPO BOX 27Helena, MT 59624T: 406-457-0407Acoustical EngineerCity of Bozeman121 N Rouse Ave.Bozeman, MT 59715T: 406-582-2300F: 406-582-2301901 N. ROUSE AVE. & 300 E. OAK ST., BOZEMAN MTAndersonMasonDale Architects, P.C.3198 Speer BoulevardDenver, CO 80211T: 303-294-9448Associate ArchitectStructural Engineer Morrison-Maierle, Inc.2880 Technology Blvd.Bozeman, MT 59715T: 406-587-0721BCER PROJECT 868190036/4/2020 9:59:08 AMBIM 360://Bozeman Public Safety Center/86819003-BozemanPublicSafetyCenter-Comm-R19.rvtT-102COMMUNICATIONS FLOOR PLAN -OVERALL - LEVEL 021825BCERBCERBCERBOZEMAN PUBLICSAFETY CENTER1825CITY OF BOZEMANJUNE 4, 2020ISSUE FOR BIDN 016'16' 8'1/16" = 1'-0"1COMMUNICATIONS FLOOR PLAN - OVERALL - LEVEL 02 353 S IF A A A A S IF A ASAIF A A C C C RS A A IF IFA A IF AAA A A A A A A P P P PP P P P P P P SAIF A SAIF A A AA IFIF AA IFAA AA A AAA A C C E E S S S C SS C C C C S C S S C S S S S SS S CC C S S S S S S S S SS S S S S SSS SS C C S S S S S IF C C S S S SS S RS SA S S S S S S S S WS WS S S T-504 T-506 T-505 T-510 T-510 T-505 T-511 T-511 T-505 S SSSSSSC C C C S CSIFIF A AAAA CPCPE E S T-514 T-514 CONTINUATION: T-102bCOURT CONF 260B HOTEL OFFICE 260ACOURT CONF 250B COURT CONF 250A COURT CONF 240B COURT CONF 240A COURTS CLERKS 235 VEST V-260 VEST V-240 OFFICE 217 OFFICE 219 OFFICE 221 OFFICE 223 OFFICE 215 OFFICE 205 OFFICE 203 BREAK ROOM 207 OFFICE 209 CORRIDOR C-210 INTERVIEW 200C KIDS PLAY 200B CONFERENCE 202 OFFICE 211 RECEPTION 200 COURT ROOM A 240 COURT ROOM B 250 RR RR-201 JURY DELIBERATION 241 RR (SECURE) RR-240 RR RR-239 RR RR-241 JUDGE'S CHAMBERS 239 WOMEN'S RR RR-246 RR RR-230A RR RR-235A JURY DELIBERATION 249RR RR-247 RR RR-249 JUDGE'S CHAMBERS 247 BALIFF 243 AV 250D STORAGE 260D SECURE 240C OFFICE 201 WAITING 232 OFFICE 213 OFFICE 245 INTERVIEW 200A OFFICE 237 SHELLED SPACE 251 RR (FUTURE) RR-251 RR RR-253 SAFE 242 VEST V-250 AV 260E STORAGE 250EAV 240D ATT. CLERKS 230 CORRIDOR C-220 STAIR 2 S-206 ELEV. 1 EL-102 ELEV. 2 EL-106 ELEV. 3 EL-240 STAIR 1 S-202 FUTURE COURTROOM 260 CORRIDOR C-240 CORRIDOR C-200 2 2 D -- PT6 2 T 1 1 D T M CT-4x12CT-4x12 CT-4x12CT-4x12 1 WAP CT-4x12 CT-4x12 M D M T T T T T T 1 WAP 2 2 M ALS +144" 250.1 250.2 240C.2 1 T PT6 2 PT6 2 TM M PT62 T M M M 6 -- 2 22 2 2 2 2 2 2 2 2 2 2 2 222 2 2 2 2 2 2 2 2 2 2 2 2 2 2 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 2 4 2 2 2 2 -- 1 1 +96" 2 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 WAP 2 1 WAP 2 2 PT6 2 2 PT6 2 DMT M D M T TT T T T M ALS +144" T PT6 2 PT6 2 T M M PT6 2 T MM M -- 240.1 240.2 2 2F 2 F 2F 2 F 2F 2 F 2 F 2 F C-210 235 230.1 200A.3 D D D D 1 CV 1 1 1 D D D DD 1 260.1 260.2 260C.1 D D D D D CB CB T33T33 D D DR-200A.3 D MV 1 D 1 1 D -- 1 CBMV 1 240C.1 240C.3 D +18" CV 1 D +18" CV 1 MV 1 T33 PT6 PT6 PT6 +192" 6 V 1 S-206.1 S-206.2 D D D DD D 2 F 2 F 2 F 2 F FF FF 2 AC 2 PTF PTF +48" 2 AC 1 CB T33 M A.1 A.2 A.3 A.4 A.5 A.6 A.7 A.8 A.9 A.10 1.3 1.17 1.16 1.15 1.14 1.13 1.12 1.11 1.10 1.9 1.8 1.7 1.61.5 1.4 1.1 L L T38 CT-4x12 CT-4x12 CT-4x12 CT-4x12 CT-4x12 CT-4x12 CT-4x12 CT-4x12 CT-4x12 CT-4x12CT-4x12 CT-4x12CT-4x12CT-4x12CT-4x12CT-4x12CT-4x12CT-4x12CT-4x12CT-4x12 CT-4x12 CT-4x12 2 2 22 200A.1 200A.2 200 2F 2 F CT-4x12CT-4x12 F 2 CT-4x12 CT-4x12 R MT42 RM R V R MC MC 1 VSS VSS MC T40 MC T40STOR 200D V T34 (4) 4-INCH CONDUITS TO IDF-3A ABOVE LOCATION OF IDF-3A ABOVE 2 AC 2 2 -- 2 2 -- V 2 1 1 -- T38 D D T42 +192"1+192"1+192"1 +192" 1 +192"1 +192" V V V 2 ELV V-240.1 V-250.1 V-260.1 +192" AC +144" +192" S PT6 (2) 4-INCH CONDUITS FROM IDF-1A TO IDF-3A T43 TELECOM ROOM IDF-3A BOUNDARYTELECOM ROOM IDF-3A BOUNDARYTELECOM ROOM IDF-3A BOUNDARY TELECOM ROOM IDF-3A BOUNDARY DATA CENTER BOUNDARYS S S 2 AC 2 AC 2 1 S S 1 +96" +96"+96" +96" +96" +96" T49 AV AV AV AV T48 -- AV 4 AV AV AV T48 AV 4 -- AV 4 2 2 ELV ELV 2 S S S S S S S S S S S S T29 T29 1S T41 260A M 1 S 4 V M 2 AC 2 2 M +84" M +84" M +84" M +84" 2 S 2 S T75 ASI 64 T75 ASI 64 T75 ASI 64 NA BCD© Copyright BCER EngineeringALL DRAWINGS, SPECIFICATIONS, AND OTHER WORK PRODUCT PREPARED BY BCER ENGINEERING FOR THIS PROJECT ARE INSTRUMENTS OF SERVICEAND SHALL REMAIN THE PROPERTY OF BCER ENGINEERING. BCERENGINEERING SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT THERETO.Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project NumberGeneral Contractor TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Langlas & Associates, Inc. 1019 E Main Street, Suite 101 Bozeman, MT 59715 T: 406-585-3420 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 Acoustical Engineer City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 901 N. ROUSE AVE. & 300 E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 BCER PROJECT 8681900311/16/2021 8:43:28 AMBIM 360://Bozeman Public Safety Center/86819003-BozemanPublicSafetyCenter-Comm-R19.rvtT-102a COMMUNICATIONS FLOOR PLAN - LEVEL 02 - AREA A 1825 BCER BCER BCER BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN JUNE 4, 2020ISSUE FOR BID JULY 1, 2020ADDENDUM 1 AUGUST 14, 2020ISSUE FOR CONSTRUCTION OCTOBER 9, 2020ASI 16 NOVEMBER 19, 2020ASI 24 DECEMBER 21, 2020PR 11 FEBRUARY 16, 2021PR 15 APRIL 23, 2021PR 8A APRIL 30, 2021PR 21 PR 27 OCTOBER 06, 2021 ASI 64 NOVEMBER 17, 2021 WORK NOTES T29 REFER TO DETAIL TS-ACSP FOR ACS PANEL MOUNTING DETAILS. T33 CALL BUTTON TO TRIGGER AUDIO / VIDEO NOTIFICATION ON MAGIC MONITOR DIGITAL SIGNAGE IN COURT CLERK OFFICE. T34 WALL MOUNTED DISPLAY FOR MAGIC MONITOR DIGITAL SIGNAGE TO DISPLAY / ANNOUNCE CALL BUTTON NOTIFICATIONS FROM COURT ROOMS AND JURY DELIBERATION ROOMS. LOCATE MAGIC BRICK BEHIND DISPLAY. PROVIDE LOCAL MONITOR CONTROL (VIA KEYBOARD AND / OR MOUSE) FOR ACKNOWLEDGING NOTIFICATIONS. COORDINATE WITH OWNER ON PROGRAMMING AND SETUP. T38 S2 MAGIC MONITOR DIGITAL SIGNAGE. LOCATE MAGIC BRICK BEHIND DISPLAY. T40 SECURITY MICROPHONE SHALL CONNECT TO THE INDICATED SECURITY CAMERA IN COURT ROOM. ENSURE NETWORK PATHWAY FROM THE MICROPHONE TO THE CAMERA COORDINATE AUDIO MONITORING AT SELECTED MAGIC MONITOR LOCATIONS WITH OWNER. T41 RESTROOM CAMERA SHALL HAVE PRIVACY MASKING ENABLED THROUGH CAMERA. T42 RECORDING ACTIVATION SWITCH / LIGHT SHALL BE MOUNTED OUTSIDE OF ROOM AT 60-INCHES. WHEN SWITCH IS ACTIVATED, INDICATOR LIGHTS SHALL ILLUMINATE AND CASE RECORDING SHALL BEGIN. RECORDING WILL NOT END WHEN ACTIVATION SWITCH IS TURNED OFF, MUST BE MANUALLY STOPPED IN MONITORING SOFTWARE. PROVIDE 1-INCH CONDUIT AND J-BOX ROUGH-IN FOR DEVICE CABLING FOR CAMERA, MICROPHONE / DURESS AND INTERCOM DEVICES IN INTERVIEW ROOM. ALL CONDUIT SHALL BE ROUTED TO 14X14-INCH ENCLOSURE ABOVE ACCESSIBLE CEILING NEAR INTERVIEW ROOM DOOR AS SHOWN (NO 120V POWER REQUIRED). NETWORK CABLING SHALL BE ROUTED TO IDF-3A. REFER TO INTERVIEW RECORDING DETAIL ON SHEET T-512. T43 PROVIDE CABLE LOOP IN CABLE TRAY FOR EXPANSION JOINT TO ALLOW THE CABLE TO EXPAND AND CONTRACT ACCORDINGLY. PROVIDE ENOUGH SLACK FOR TWO TIMES THE DESIGNED MOVEMENT OF THE EXPANSION JOINT. T48 PROVIDE (1) 1 1/4-INCH CONDUIT FROM AV CLOSET TO EACH AV BOX IN THE COURT ROOMS. FINAL CABLING, ROUTING, BOX LOCATIONS AND ADDITIONAL FURNITURE COORDINATION WITH THE COURTROOM MILLWORK SHALL BE FIELD COORDINATED. T49 PROVIDE CONDUIT MATCHING COURTROOMS FOR FUTURE USE. T75 PROVIDE TWO (2) CATEGORY 5E CABLES FROM THE ELEVATOR CONTROL PANEL TO MDF-1B.N0 8'8' 4' 1/8" = 1'-0" 1 COMMUNICATIONS FLOOR PLAN - LEVEL 02 - AREA A ASI 64 Compusource 1" - 28ea 1-1/2" - 1ea 2" - 9ea LONG 1" - 3ea 2" - 1ea 2-1/2" - 1ea AVI 1" - 3ea 3" - 2ea LONG2" LONG2-1/2" AVI1" AVI1" AVI3" AVI3" LONG1" Compusource 2" Shared 2" Compusource 1" Compusource 1"Compusource 1"Shared 2" Compusource 1" Compusource 1" Compusource 1" Compusource 1" Compusource 1" Compusource 1" Compusource 1" Compusource 1-1/2" Compusource 1" Compusource 1" Compusource 1" Compusource 1" Compusource 1" Compusource 1" Shared 2" Shared 2" Compusource 1" Compusource 1" Compusource 1"Compusource 1" Compusource 2ea - 2" AVI3" AVI1" Compusource 2ea - 2" Compusource 2ea - 2" Compusource 1" Compusource 1" Shared 2" 354 A A IF CP A A A A A A A A A A A A A A A A A C C C C ES SCFSD CCST-509 EIC A A SC C E E CONTINUATION: T-102aCONTINUATION: T-102a RR (SECURE) RR-260 MEN'S RR RR-266 SECURE 260C STAIR 3 S-226 RR (SECURE) RR-260 MEN'S RR RR-266 SECURE 260C STAIR 3 S-226 ADA SHOWER 280C ADA SHOWER 280B SHOWER 280F SHOWER 280E C.R. 280H LOUNGE 291 STORAGE 294A TRAINING ROOM 294 DATA CENTER 270 ELECT. 271 LOCKER ROOM 280 C.R. 280G C.R. 280I C.R. 280J SHOWER 280D ADA SHOWER 280A ADA-RR RR-290 RR RR-292 IT OFFICE 274 IT 272 CUSTODIAL 273 ELEV 4 EL-260 CORRIDOR C-270 CORRIDOR C-290 BREAK ROOM 276 STAIR 4 S-251 CT-4x12 2 WAP 1 WAP 1 WAP 1 WAP 1 WAP 1 22 2 2 2 2 1 2 2 2 2 WM ALS 1 1 (2) 4-INCH CONDUITS (2) 4-INCH CONDUITS 2 280.1 C-270 272 270 280.2 ACS 1 C-200 T-406 1 FSD260.2 260C.1 +192" D +48" ELEC DATA CENTER 1 A.15 B.1 B.2 B.3 C.1 2.7 2.2 1.31.17 1.16 1.15 1.14 1.13 1.12 1.11 1.10 1.9 1.8 1.7 1.6 1.5 1.4 CT-4x12CT-4x12 CT-4x12CT-4x12 CT-4x12 FSA CT-4x12CT-4x12LOCATION OF MDF-1B BELOW 2 2 2 +72" PT6 PT6 2 2 2 +144" 2 PT6 T43T43 (1) 3-INCH CONDUIT UP TO ROOF (1)3-INCH CONDUIT DATA CENTER BOUNDARYDATA CENTER BOUNDARY S DATA CENTER BOUNDARYCT-4x12S +96" SS 2 ELV S S S 1 S T63 (2) 3-INCH CONDUITS ABOVE CEILING TO MECHANICAL ROOM ABOVE 260C.2 T75 ASI 64 NA BCD© Copyright BCER EngineeringALL DRAWINGS, SPECIFICATIONS, AND OTHER WORK PRODUCT PREPARED BY BCER ENGINEERING FOR THIS PROJECT ARE INSTRUMENTS OF SERVICEAND SHALL REMAIN THE PROPERTY OF BCER ENGINEERING. BCERENGINEERING SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT THERETO.Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project NumberGeneral Contractor TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Langlas & Associates, Inc. 1019 E Main Street, Suite 101 Bozeman, MT 59715 T: 406-585-3420 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 Acoustical Engineer City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 901 N. ROUSE AVE. & 300 E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 BCER PROJECT 8681900311/16/2021 7:11:13 AMBIM 360://Bozeman Public Safety Center/86819003-BozemanPublicSafetyCenter-Comm-R19.rvtT-102b COMMUNICATIONS FLOOR PLAN - LEVEL 02 - AREA B 1825 BCER BCER BCER BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN JUNE 4, 2020ISSUE FOR BID JULY 1, 2020ADDENDUM 1 AUGUST 14, 2020ISSUE FOR CONSTRUCTION OCTOBER 9, 2020ASI 16 NOVEMBER 19, 2020ASI 24 DECEMBER 21, 2020PR 11 FEBRUARY 16, 2021PR 15 APRIL 23, 2021PR 8A APRIL 30, 2021PR 21 PR 27 OCTOBER 06, 2021 ASI 64 NOVEMBER 17, 2021 WORK NOTES T43 PROVIDE CABLE LOOP IN CABLE TRAY FOR EXPANSION JOINT TO ALLOW THE CABLE TO EXPAND AND CONTRACT ACCORDINGLY. PROVIDE ENOUGH SLACK FOR TWO TIMES THE DESIGNED MOVEMENT OF THE EXPANSION JOINT. T63 LOCATION OF FIRE STATION ALERT ROOM REMOTE. REFER TO DETAIL TE-RR2 FOR ADDITIONAL REQUIREMENTS. COORDINATE FINAL LOCATION WITH THE FIRE STATION ALERT CONTRACTOR. HORIZONTAL CABLING SHALL BE TERMINATED IN TELECOM ROOM IDF-1D AT THE FIRE STATION ALERT SYSTEM PATCH PANEL. T75 PROVIDE TWO (2) CATEGORY 5E CABLES FROM THE ELEVATOR CONTROL PANEL TO MDF-1B. N 0 8'8' 4' 1/8" = 1'-0" 1 COMMUNICATIONS FLOOR PLAN - LEVEL 02 - AREA B ASI 64 AVI1" Compusource 1" Compusource 2" Compusource 1" Compusource 1" Compusource 2" Shared 2-1/2" Compusource 2ea - 2" LONG1" CMU Penetration Compusource 1" - 3ea 2-1/2" - 1ea 2" - 4ea LONG 1" - 1ea AVI 1" - 1ea 355 AREA AAREA BIDF-3AA.1A.2A.3A.4A.5A.6A.7A.8A.9A.10A.11A.12A.13A.14A.15A.15B.1B.2B.3C.11.31.171.161.151.141.131.121.111.101.91.81.71.61.51.41.1TELECOM ROOM IDF-3A BOUNDARYTELECOM ROOM IDF-3A BOUNDARYTELECOM ROOM IDF-3A BOUNDARYDATA CENTER BOUNDARYDATA CENTER BOUNDARYDATA CENTER BOUNDARYDATA CENTER BOUNDARYTELECOM ROOM IDF-3A BOUNDARYN ABCD © Copyright BCER EngineeringALL DRAWINGS, SPECIFICATIONS, AND OTHER WORK PRODUCT PREPARED BY BCER ENGINEERING FOR THIS PROJECT ARE INSTRUMENTS OF SERVICEAND SHALL REMAIN THE PROPERTY OF BCER ENGINEERING. BCERENGINEERING SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT THERETO.Project Number:Drawn By:Reviewed By:Approved By:IssueDateThinkOne Architects101 E Main St. Studio 1Bozeman, MT, 59715T: 406-586-7020ArchitectMEP EngineerAssociate ArchitectLandscape ArchitectInformation TechnologyCivil Engineer SealProject NumberGeneral ContractorTCA Architecture + Planning6211 Roosevelt Way NeSeattle, WA 58115T: 206-522-3830Associated Construction Engineering Inc.12 N BroadwayBelgrade, MT, 59714T: 406-388-3320Morrison-Maierle, Inc.2880 Technology Blvd.Bozeman, MT 59715T: 406-587-0721Design 5 Landscape Architecture37 E Main StBozeman, MT, 59715T: 406-587-4873BCER Engineering10807 New Allegiance Dr., Suite 400Colorado Springs, CO 80921T: 719-533-1112Langlas & Associates, Inc.1019 E Main Street, Suite 101Bozeman, MT 59715T: 406-585-3420Big Sky AcousticsPO BOX 27Helena, MT 59624T: 406-457-0407Acoustical EngineerCity of Bozeman121 N Rouse Ave.Bozeman, MT 59715T: 406-582-2300F: 406-582-2301901 N. ROUSE AVE. & 300 E. OAK ST., BOZEMAN MTAndersonMasonDale Architects, P.C.3198 Speer BoulevardDenver, CO 80211T: 303-294-9448Associate ArchitectStructural Engineer Morrison-Maierle, Inc.2880 Technology Blvd.Bozeman, MT 59715T: 406-587-0721BCER PROJECT 868190036/4/2020 9:59:30 AMBIM 360://Bozeman Public Safety Center/86819003-BozemanPublicSafetyCenter-Comm-R19.rvtT-103COMMUNICATIONS FLOOR PLAN -OVERALL - PENTHOUSE1825BCERBCERBCERBOZEMAN PUBLICSAFETY CENTER1825CITY OF BOZEMANJUNE 4, 2020ISSUE FOR BIDN 016'16' 8'1/16" = 1'-0"1COMMUNICATIONS FLOOR PLAN - OVERALL - PENTHOUSE356 SSSSFSDCCCMWSCONTINUATION: T-103bCONTINUATION: T-103bSTORAGEST-310MECHANICALROOMM-301SECURECIRCULATIONC-302STAIR 2S-306ELEV. 2EL-106SECURECIRCULATIONC-302SECURECIRCULATIONC-3022C-306.111PARPARIDF-3AM-301.1MECHIT308T-4081308ELEV. 3EL-240A.1A.2A.3A.4A.5A.6A.7A.8A.9A.10A.11A.12A.13A.141.31.171.161.151.141.131.121.111.101.91.81.71.61.51.41.1ESACSFACILITIESOFFICESM-301aM-301.2222VSS(2) 4-INCH CONDUITS FROM IDF-1A22TELECOM ROOM IDF-3A BOUNDARYTELECOM ROOM IDF-3A BOUNDARYTELECOM ROOM IDF-3A BOUNDARYDATA CENTER BOUNDARYTELECOM ROOM IDF-3A BOUNDARYSS22N ABCD © Copyright BCER EngineeringALL DRAWINGS, SPECIFICATIONS, AND OTHER WORK PRODUCT PREPARED BY BCER ENGINEERING FOR THIS PROJECT ARE INSTRUMENTS OF SERVICEAND SHALL REMAIN THE PROPERTY OF BCER ENGINEERING. BCERENGINEERING SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT THERETO.Project Number:Drawn By:Reviewed By:Approved By:IssueDateThinkOne Architects101 E Main St. Studio 1Bozeman, MT, 59715T: 406-586-7020ArchitectMEP EngineerAssociate ArchitectLandscape ArchitectInformation TechnologyCivil Engineer SealProject NumberGeneral ContractorTCA Architecture + Planning6211 Roosevelt Way NeSeattle, WA 58115T: 206-522-3830Associated Construction Engineering Inc.12 N BroadwayBelgrade, MT, 59714T: 406-388-3320Morrison-Maierle, Inc.2880 Technology Blvd.Bozeman, MT 59715T: 406-587-0721Design 5 Landscape Architecture37 E Main StBozeman, MT, 59715T: 406-587-4873BCER Engineering10807 New Allegiance Dr., Suite 400Colorado Springs, CO 80921T: 719-533-1112Langlas & Associates, Inc.1019 E Main Street, Suite 101Bozeman, MT 59715T: 406-585-3420Big Sky AcousticsPO BOX 27Helena, MT 59624T: 406-457-0407Acoustical EngineerCity of Bozeman121 N Rouse Ave.Bozeman, MT 59715T: 406-582-2300F: 406-582-2301901 N. ROUSE AVE. & 300 E. OAK ST., BOZEMAN MTAndersonMasonDale Architects, P.C.3198 Speer BoulevardDenver, CO 80211T: 303-294-9448Associate ArchitectStructural Engineer Morrison-Maierle, Inc.2880 Technology Blvd.Bozeman, MT 59715T: 406-587-0721BCER PROJECT 868190036/4/2020 10:10:20 AMBIM 360://Bozeman Public Safety Center/86819003-BozemanPublicSafetyCenter-Comm-R19.rvtT-103aCOMMUNICATIONS FLOOR PLAN -PENTHOUSE - AREA A1825BCERBCERBCERBOZEMAN PUBLICSAFETY CENTER1825CITY OF BOZEMANJUNE 4, 2020ISSUE FOR BIDN 08'8' 4'1/8" = 1'-0"1COMMUNICATIONS FLOOR PLAN - PENTHOUSE - AREA ALONG1-1/2"LONG3"LONG1-1/2" - 1ea3" - 1ea357 SCMCCCCONTINUATION: T-103aCONTINUATION: T-103aSTAIR 3S-326FACILITIESCIRCULATIONC-304MECHANICALROOMM-305BOILER ROOMST-30721ST-309MECHSECURECIRCULATIONC-302ELEV 4EL-260A.15B.1B.2B.3C.12.72.22.21.31.171.161.151.141.131.121.111.101.91.81.71.61.51.4M-305.2LOCATION OF DATA CENTER BELOWM-305.1(1) 3-INCH CONDUITDATA CENTER BOUNDARYDATA CENTER BOUNDARYDATA CENTER BOUNDARY2MECHST-307.1SS-326--T54(2) 3-INCH CONDUITS TO CEILING SPACE OF FLOOR BELOWT64T64N ABCD © Copyright BCER EngineeringALL DRAWINGS, SPECIFICATIONS, AND OTHER WORK PRODUCT PREPARED BY BCER ENGINEERING FOR THIS PROJECT ARE INSTRUMENTS OF SERVICEAND SHALL REMAIN THE PROPERTY OF BCER ENGINEERING. BCERENGINEERING SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT THERETO.Project Number:Drawn By:Reviewed By:Approved By:IssueDateThinkOne Architects101 E Main St. Studio 1Bozeman, MT, 59715T: 406-586-7020ArchitectMEP EngineerAssociate ArchitectLandscape ArchitectInformation TechnologyCivil Engineer SealProject NumberGeneral ContractorTCA Architecture + Planning6211 Roosevelt Way NeSeattle, WA 58115T: 206-522-3830Associated Construction Engineering Inc.12 N BroadwayBelgrade, MT, 59714T: 406-388-3320Morrison-Maierle, Inc.2880 Technology Blvd.Bozeman, MT 59715T: 406-587-0721Design 5 Landscape Architecture37 E Main StBozeman, MT, 59715T: 406-587-4873BCER Engineering10807 New Allegiance Dr., Suite 400Colorado Springs, CO 80921T: 719-533-1112Langlas & Associates, Inc.1019 E Main Street, Suite 101Bozeman, MT 59715T: 406-585-3420Big Sky AcousticsPO BOX 27Helena, MT 59624T: 406-457-0407Acoustical EngineerCity of Bozeman121 N Rouse Ave.Bozeman, MT 59715T: 406-582-2300F: 406-582-2301901 N. ROUSE AVE. & 300 E. OAK ST., BOZEMAN MTAndersonMasonDale Architects, P.C.3198 Speer BoulevardDenver, CO 80211T: 303-294-9448Associate ArchitectStructural Engineer Morrison-Maierle, Inc.2880 Technology Blvd.Bozeman, MT 59715T: 406-587-0721BCER PROJECT 868190036/4/2020 9:59:36 AMBIM 360://Bozeman Public Safety Center/86819003-BozemanPublicSafetyCenter-Comm-R19.rvtT-103bCOMMUNICATIONS FLOOR PLAN -PENTHOUSE - AREA B1825BCERBCERBCERBOZEMAN PUBLICSAFETY CENTER1825CITY OF BOZEMANJUNE 4, 2020ISSUE FOR BIDWORK NOTEST54 ROUTE CONDUIT THROUGH EXTERIOR WALL WHERE SHOWN. COORDINATE EXACTPOKE-THRU HEIGHT WITH THE ANTENNA TOWER INSTALLER. PROVIDEWEATHER-HEAD ON THE END OF THE CONDUIT.T64 ROUTE CONDUIT UP INTERIOR WALL TURN 90-DEGREES IN DIRECTION SHOWN WITHBUSHING AT 9'-0" AFF FOR CABLE PATHWAY TO DATA CENTER BELOW. COORDINATEEXACT STUB-OUT LOCATION WITH ALL OTHER TRADES PRIOR TO ROUGH-IN.N08'8' 4'1/8" = 1'-0"1COMMUNICATIONS FLOOR PLAN - PENTHOUSE - AREA BLONG1-1/2"LONG1-1/2" - 1ea358 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Director of Community Development SUBJECT:Ordinance 2090, Provisional Adoption of the 1919 Bridger Drive Zone Map Amendment, Addressed at 1919 Bridger Drive, North of Bridger Drive and East of Story Mill Drive, for 0.5557 Acres to be Given Initial Zoning of R-2, Residential Moderate Density District, Application 21123 MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt Ordinance 2090, 1919 Bridger Drive Zone Map Amendment, Addressed at 1919 Bridger Drive, North of Bridger Drive and East of Story Mill Drive, for 0.5557 Acres to be Given Initial Zoning of R-2, Residential Moderate Density District, Application 21123. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The public hearing on the application for annexation and establishment of initial zoning of R-2 was held on July 20, 2021 and was approved. The property is currently zoned “Residential Suburban” within the county. Nearby municipal zoning includes Residential Single-Household Low Density (R-1) to the north and Residential Suburban (R-S) to the south. Land to the east and west is unincorporated and zoned “Residential Suburban” within the county. The future land use map in the Bozeman Community Plan designates the property as “Urban Residential” which the R-2 district serves to implement. The adjacent road rights-of-way was annexed with previous annexations. There is an existing home on the parcel. The public hearing packet materials are available on the City Commission agenda for the July 20, 2021 meeting. https://d2kbkoa27fdvtw.cloudfront.net/bozeman/690413b422d9e8696e4fac9b326e24420.pdf UNRESOLVED ISSUES:None. 359 ALTERNATIVES:As identified by the Commission. FISCAL EFFECTS:No budgeted funds will be affected by this action. Attachments: Ordinance 2090 - 1919 Bridger ZMA 21123.pdf 201386 - ZMA (executed) - 2022.01.25.pdf Report compiled on: February 9, 2022 360 Ord 2090 Page 1 of 5 ORDINANCE NO. 2090 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO ESTABLISH INITIAL MUNICIPAL ZONING OF R-2, RESIDENTIAL MODERATE DENSITY, 1919 BRIDGER DRIVE ZONE MAP AMENDMENT, APPLICATION 21123. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2, Part 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish an initial municipal zoning in association with annexation of 0.5557 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on June 28, 2021 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 21123, the 1919 Bridger Drive Zone Map Amendment, be approved as requested by the applicant; and 361 Ordinance No. 2090, 1919 Bridger Drive ZMA Page 2 of 5 WHEREAS, after proper notice, the City Commission held its public hearing on July 20, 2021, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested R-2 district. 362 Ordinance No. 2090, 1919 Bridger Drive ZMA Page 3 of 5 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the 1919 Bridger Drive Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby established as R-2, Residential Moderate Density District: The property is described as: Lots 34, 35, and 36, Ed Vogel Subdivision No. 1, [Plat E-47], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County Montana; and located in the Southeast Quarter of Section 32, Township 1 South, Range 6 ion 32, Township 1 South, Range 6 East, of P.M.M., City of Bozeman, Gallatin County, Montana. And further described as follows: of P.M.M., City of Bozeman, Gallatin County, Montana, and further described as follows: Beginning in the Northwest corner of said Lot 36; thence Easterly 091°41'11", assumed azimuth from North, 74.89 feet along the North line of said Lots 34, 35, and 36 to the Northeast corner of said Lot 34; thence Southerly 181°41'42" azimuth, 322.96 feet along the East line of said Lot 34 to the Southeast corner of said Lot 34; thence Westerly 271°42'55" azimuth, 75.02 feet along the South line of said Lots 34, 35, and 36 to the Southwest corner of said Lot 36; thence Northerly 001°43'05" azimuth, 322.92feet along West line of said Lot 36 to the point of beginning. Area = 24,206 square feet, 0.5557 acres or 2,248.8 square meters. Subject to existing easements. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of 363 Ordinance No. 2090, 1919 Bridger Drive ZMA Page 4 of 5 the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 364 Ordinance No. 2090, 1919 Bridger Drive ZMA Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the1st day of March, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2022. The effective date of this ordinance is __________, ___, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 365 t 25 Jan. 366 Memorandum REPORT TO:City Commission FROM:Lynn Hyde, Planner Chris Saunders, Community Development Manager Anna Bentley, Interim Community Development Director SUBJECT:Ordinance 2097, Final Adoption to Rezone 1.25 Acres from M-1, Light Industrial, to B-2M, Community Business District-Mixed, Application 21319, Property Located on the South Corner of E Avocado Street and Plum Avenue MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Finally adopt Ordinance 2097 rezoning 12.5 acres from M-1, Light Industrial, to B-2M, Community Business District-Mixed, application 21319. 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:An application to rezone two existing parcels from R-2 (Residential moderate density district) and M-1 (Light manufacturing district) to B-2M (Community business district), with the rezone of the R-2 zoned property contingent upon a growth map amendment to change the Urban Neighborhood future land use designation in the Bozeman Community Plan 2020 to Community Commercial Mixed Use. The Zoning Commission held a public hearing on this ZMA on October 25, 2021. The motion to recommend approval of the amendment to the zoning district for the two parcels failed, 1-4. The City Commission conducted a public hearing on November 23, 2021. After considering the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information, the City Commission did not approve the growth policy amendment for the Urban Neighborhood land use parcel, thus broke the request for the rezone of two parcels into separate motions. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the Mountains Walking Zone Map Amendment for Lot 21A have been satisfied. 367 For further information, see original packet. UNRESOLVED ISSUES:None identified at this time. ALTERNATIVES:Determine that the prior decision to rezone was in error and do not adopt the ordinance. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. Attachments: Ordinance 2097, Mountains Walking ZMA 21319 FINAL.pdf Mountain Walking Zone Map 24x36 2021_12_21.pdf 21319 Mountains Walking Legal Description.pdf Report compiled on: February 14, 2022 368 Ord 2097 Page 1 of 5 ORDINANCE 2097 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO AMEND THE ZONING DESIGNATION ON 1.25 ACRES FROM M-1 LIGHT MANUFACTURING DISTRICT TO B-2M COMMUNITY BUSINESS DISTRICT – MIXED, APPLICATION 21319. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Division 260, Part 2 of the Bozeman Unified Development Code sets for the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on October 25, 2021 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission’s motion to approve Mountains Walking ZMA application No. 21319 as requested by the applicant failed 1-4; and 369 Ordinance No. 2097, Mountains Walking Zone Map Amendment Page 2 of 5 WHEREAS, after proper notice, the City Commission held its public hearing on November 23, 2021 to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning. 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA. 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy. 4. The applicant submitted an application to rezone two parcels to B-2M from R-2 and M-1, with the rezone of the R-2 zoned property contingent upon a growth map amendment to change the Urban Neighborhood future land use designation in the Bozeman Community Plan 2020 to Community Commercial Mixed Use. 5. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, found that the required criteria are satisfied. 6. The two required public hearings were advertised as required in state law and municipal code and all persons had the opportunity to review the materials applicable to the application and provide comment prior to a decision. 7. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment did not have a favorable recommendation of approval of the amendment to establish the B2M zoning district on the property; and 8. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 370 Ordinance No. 2097, Mountains Walking Zone Map Amendment Page 3 of 5 9. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 10. The City Commission did not approve the growth policy amendment for the Urban Neighborhood land use parcel, thus broke the request for the rezone of two parcels into separate motions. 11. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the Mountains Walking Zone Map Amendment for Lot 21A have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as B- 2M, Community Business District – Mixed: Lot 21A of the Amended Plat of Lots 21-24 in Block 50 & Lots 24-29 in Block 53 & Portions of Vacated Orange Street in Northern Pacific Addition to the City of Bozeman, located in the Northeast One-Quarter of Section 7, Township 2 South, Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana and being more particularly described as follows; Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. 371 Ordinance No. 2097, Mountains Walking Zone Map Amendment Page 4 of 5 That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendment”. Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 08 day of February, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 01 day of March, 2022. The effective date of this ordinance is April, 01, 2022. 372 Ordinance No. 2097, Mountains Walking Zone Map Amendment Page 5 of 5 _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 373 374 LEGAL DESCRIPTION Lot 21A of the Amended Plat of Lots 21-24 in Block 50 & Lots 24-29 in Block 53 & Portions of Vacated Orange Street in Northern Pacific Addition to the City of Bozeman, located in the Northeast One-Quarter of Section 7, Township 2 South, Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana and being more particularly described as follows; Beginning at the Southeast Corner of said Lot 21A; thence North 74°23'01" West along the south line of said Lot 21A, a distance of 141.75 feet to the Southwest Corner of said Lot 21A said point being on the easterly Right-of-Way of Plum Avenue; thence continuing North 74°23'01" West a distance of 30.00 feet, to the centerline of Plum Avenue; thence along the centerline of Plum Avenue through the following courses; North 15°23'13" East, a distance of 159.49 feet; North 15°25'43" East a distance of 220.90 feet, to the intersection of the Plum Avenue centerline and the Avocado Street centerline; thence South 38°08'57" East along the centerline of Avocado Street, a distance of 213.27 feet; thence South 15°22'16" West a distance of 37.31 feet, to the Northeast Corner of said Lot 21A; thence continuing South 15°22'16" West along the east line of said Lot 21A, a distance of 217.02 feet to the point of beginning. Said tract of land being 54,485 sqft/1.25 acres. 375 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Ordinance 2099, Final Adoption of Canyon Gate Annexation Zone Map Amendment, Establishing Zoning Districts of Residential Emphasis Mixed Use, Community Business District - Mixed, Residential Mixed-Use High Density, and Residential Medium Density District on Approximately 25.4 Acres Located Northeast of the Intersection of Story Mill Road and Bridger Drive, Application 21-337 MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Finally adopt Ordinance 2099 as presented and contingent on final approval of the Canyon Gate Annexation Agreement. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City Commission conducted a public hearing on the Canyon Gate Annexation Zone Map Amendment on December 21, 2021. The public hearing was continued to January 11, 2022. After consideration of all materials and testimony presented the Commission provisionally adopted Ordinance 2099 on January 11, 2022. Ordinances must pass both provision and final adoption. This action is the final adoption and is the final step in the zone map amendment process. Approval of this item is contingent on the Commission acting favorably on final approval of the Canyon Gate annexation agreement. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission. FISCAL EFFECTS:None. Attachments: Ordinance 2099 - final adoption.pdf Canyon Gate ZMA Map 2-17-2022.pdf 376 Report compiled on: February 17, 2022 377 Ord 2099 Page 1 of 8 ORDINANCE 2099 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 4.90 ACRES AS R-5, RESIDENTIAL MIXED USE HIGH DENSITY DISTRICT, 9.70 ACRES AS R-3, RESIDENTIAL MEDIUM DENSITY DISTRICT, 9.69 ACRES AS B-2M, COMMUNITY BUSINESS DISTRICT – MIXED, AND 1.62 ACRES AS REMU, RESIDENTIAL EMPHASIS MIXED USE DISTRICT, CANYON GATE ANNEXATION ZONE MAP AMENDMENT, APPLICATION 21337. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on November 22, 2021 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 21137, the Canyon Gate Annexation Zone Map Amendment, be denied as requested by the applicant; and 378 Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments Page 2 of 8 WHEREAS, after proper notice, the City Commission held its public hearing on December 21, 2021, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended denial of the requested R-3, R-5, B-2M, and REMU districts. 379 Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments Page 3 of 8 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of Application No. 21137 the Canyon Gate Annexation Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby established as R-3, Residential Medium Density District: The property is described as: A tract of land described as a portion of Tract 7B of COS 2408, less MDT ROW as shown within Deed Document #2685083 located within portions of the Southwest One Quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B) on the North line of said Tract 7B. that bears S 88° 15' 30" E, a distance of 389.11 feet from a point on the line between said Section 31 and 32 (aka the centerline of Story Mill Road), which is also the Northwest corner of said Tract 7B; • thence, S 88° 15' 30" E, along the north line of said Tract 7B, a distance of 925.57 feet to the North East corner of said Tract 7B; • thence, S 00° 06' 32" W, along the east line of said Tract 7B, a distance of 650.92 feet to a point; • thence, continuing along said line, S 01° 47' 33" W, a distance of 62.90 feet to the South East corner of said Tract 7B and the NE corner of Lot 29 of the MT. Baldy Subdivision (Plat F-10); • thence, along the line common to said Tract 7B and MT. Baldy Subdivision, N 88° 19' 21" W, a distance of 817.12 feet to a point that is the NE corner of the West 33.34' of Lot 45 of said subdivision; • thence, leaving said lines, N 01° 44' 26" E, a distance of 230.00 feet to a point; • thence, S 88° 19' 21" E, a distance of 620.70 feet to a point; • thence, N 00° 18' 18" E, a distance of 289.87 feet to a point; 380 Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments Page 4 of 8 • thence, N 88° 15' 30" W, a distance of 735.51 feet to a point; • thence N 00° 18' 18" E, a distance of 194.06 feet to the P.O.B. Said area being 422,569 square feet or 9.70 acres more or less, along with and subject to all easements of record. All as depicted on the Canyon Gate Annexation Zone Map Amendment map. Section 3 That the zoning district designation of the following-described property is hereby established as R-5, Residential Mixed Use High Density District: The property is described as: A tract of land described as a portion of Tract 7B of COS 2408, less MDT ROW as shown within Deed Document #2685083, located within portions of the Southwest One Quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B 1) which bears S 00° 18' 18" W, a distance of 194.06 feet from the P.O.B. of R-3 Zoning; • thence, S 88° 15' 30" E, a distance of 735.51 feet to a point; • thence, S 00° 18' 18" W, a distance of 289.87 feet to a point; • thence, N 88° 19' 21" W, a distance of 735.49 feet to a point; • thence N 00° 18' 18" E, a distance of 290.69 feet to the P.O.B 1. Said area being 213,437 square feet or 4.90 acres more or less, along with and subject to all easements of record. All as depicted on the Canyon Gate Annexation Zone Map Amendment map. Section 4 That the zoning district designation of the following-described property is hereby established as REMU, Residential Emphasis Mixed Use District: A tract of land described as: a portion of Tract 7B of COS 2408, less MDT ROW as shown within Deed Document #2685083, and the Westerly 33.34 feet of Lot 45 and Lots 46 and 47 of Mount Baldy Subdivision, less MDT ROW as shown within Deed Document #2691572; and MDT ROW parcel #146 and a portion of parcel #147; and a portion of MDT ROW North of the centerline of Bridger Drive, located within portions of the South West One Quarter of Section 381 Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments Page 5 of 8 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B 2) which is the Northwest Corner of Lot 47 of the MT. Baldy Subdivision (Plat F-10); • thence, N 01° 43' 59" E, a distance of 230.00 feet to a point; • thence, S 88° 19' 21" E, a distance of 133.43 feet to a point; • thence, S 01° 44' 26" W, a distance of 230.00 feet to the NE corner of the W 33.34' of Lot 45 of said Subdivision; • thence along a portion of the East line of said Lot 45, S 01° 44' 26" W, a distance of 300.01 feet to the Centerline of Bridger Drive; • thence, N 88° 17' 19" W, along said Bridger Drive, a distance of 133.36 feet to a point; • thence leaving said Bridger Drive and along a portion of the West line of said Lot 47, N 01° 43' 59" E, a distance of 299.94 feet to the P.O.B. 2. Said area being 70,697 square feet or 1.62 acres more or less, along with and subject to all easements of record. All as depicted on the Canyon Gate Annexation Zone Map Amendment map. Section 5 That the zoning district designation of the following-described property is hereby established as B-2M, Community Business District - Mixed: The property is described as: A tract of land described as: a portion of Tract 7B of COS 2408, less MDT ROW as shown within Deed Document #2685083; and MDT ROW parcels #129 and #139; and a portion of MDT ROW North of the centerline of Bridger Drive; and a 40 foot wide ROW/Easement West of the centerline of Story Mill Road that runs through Tract A of COS 1518; and a 40 Foot ROW Tract dedicated Per Osborne Subdivision Plat H-47; located within portions of the South East One Quarter of Section 31 and the South West One Quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B 3), which is a point on the line between said Sections 31 and 32 (aka centerline of Story Mill Road), and the Northwest corner of said Tract 7B; • thence, S 88° 15' 30" E, along the north line of said Tract 7B, a distance of 389.11 feet to a point; • thence, leaving said line of Tract 7B, S 00° 18' 18" W, a distance of 484.75 feet to a point; • thence, N 88° 19' 21" W, a distance of 18.64 feet to a point; 382 Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments Page 6 of 8 • thence, S 01° 43' 59" W, a distance of 230.00 feet to the NW corner of Lot 47 of the MT. Baldy Subdivision (Plat F-10); • thence, S 01° 43' 59" W, a distance of 299.94 feet along a portion of the West line of Lot 47 of the MT. Baldy Subdivision (Plat F-10) to a point on the centerline of Bridger Drive; • thence, N 88° 17' 19" W, , along said centerline of Bridger Drive, a distance of 357.25 feet to the intersection of said Bridger Drive and a point on the line between said Sections 31 and 32 (aka the centerline of Story Mill Road); • thence, leaving said intersection and continuing along the said centerline of Bridger drive, S 88° 30' 52" W, a distance of 40.01 feet to a point; • thence, leaving said centerline, N 00° 18' 18" E, a distance of 40.01 feet to the intersection of the North ROW of said Bridger Drive and the West ROW/Easement line of Story Mill Road; • thence, leaving said Bridger Drive ROW and continuing along said West ROW/Easement line through Tract A of COS 1518, N 00° 18' 18" E, a distance of 321.05 feet to a point being the said West ROW and the Southeast ROW corner of Tract D of the Osborne Subdivision; • thence along said West ROW of Story Mill Road and along the East boundary line of Tracts A, B, C and D of said Osborne Subdivision, N 00° 18' 18" E, a distance of 652.19 feet to a point being the NE corner of said Tract A of said subdivision and the intersection of the West ROW of Story Mill road and the south ROW of Boylan Road; • thence along said south ROW, N 88° 53' 53" E, a distance of 40.01 feet to the P.O.B. 3. Said area being 421,992 square feet or 9.69 acres more or less, along with and subject to all easements of record. All as depicted on the Canyon Gate Annexation Zone Map Amendment map. Section 6 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 7 Savings Provision. 383 Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments Page 7 of 8 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 8 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 9 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 10 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 11th day of January 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ 384 Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments Page 8 of 8 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 ____________________, 2022. The effective date of this ordinance is ____, ______________, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 385 386 Memorandum REPORT TO:City Commission FROM:Susana Montana, Senior Planner, Development Review Division Brian Kreuger, Manager, Development Review Division Anna Bentley, Interim Director, Community Development Department SUBJECT: Modification to the Subsequent Minor Preliminary Plat of the Eastlake Professional Center Subdivision to Divide a 7.65 Acre Parcel into Four Commercial Lots Zoned B-2M, Community Business District-Mixed MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: Approve the Modification to the subsequent minor Preliminary Plat of the Eastlake Professional Center Subdivision with conditions and code provisions. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The Eastlake Professional Center LLC, owner and Applicant, submitted a Preliminary Plat (PP) application to divide a 7.65 acre parcel, Lot 1A of the Minor Subdivision 221E, into four commercial lots. This PP application was approved with conditions and code provisions on August 10, 2021; Project No. 21016. Subsequent to approval of the PP, the Applicant decided to request concurrent construction of the subdivision’s public improvements. The Bozeman Municipal Code (BMC) requires the Applicant to request concurrent construction at the initial Preliminary Plat application submittal. Therefore, the Applicant seeks a Modification of the approved PP, as a new application, in order to be allowed to request concurrent construction of subdivision infrastructure. The Modification adds six new BMC code provisions to the previously-approved subdivision related to assurances for completion of improvements. The Modification would enable the Applicant to construct public and private infrastructure for the subdivision while constructing a medical office building on Lot 4 of the subdivision. No certificate of occupancy for any building within the subdivision would be 387 issued until the City approves and accepts all public improvements. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the City Commission. FISCAL EFFECTS:Fiscal impacts are undetermined at this time but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual developments, along with City water and sewer connection fees. Attachments: 21447 City Commission hearing memo.pdf 21447 Eastlake Prof Center PP MOD Staff Rpt 02 14 22.pdf 21447 Applicant PP MOD Narrative.pdf 21447 Preliminary Plat MOD.pdf 21447 Master Site Plan Phasing Plan.pdf 21447 Master Site Plan Green Plan.pdf Report compiled on: February 14, 2022 388 Page 1 of 3 Commission Memorandum REPORT TO: Mayor and City Commission FROM: Susana Montana, Senior Planner, Development Review Division, Community Development Department SUBJECT: Eastlake Professional Center Minor Subdivision Preliminary Plat Modification; Application No. 21447 MEETING DATE: March 1, 2022 AGENDA ITEM TYPE: Action (Quasi-Judicial) PROJECT LEGAL DESCRIPTION: Lot 1A of the Minor Subdivision 221E, located in Section 26, Township 01 South, Range 05 East, PMM, Bozeman, Montana. PROJECT SUMMARY: The Preliminary Plat (PP) for this Eastlake Professional Center Subsequent Minor Subdivision was approved on August 10, 2021 by a Findings of Fact and Order signature by Mayor Andrus. This application is a modification to that previously- approved PP to allow the Applicant to request concurrent construction of public and private infrastructure for the subdivision--concurrent with the construction of a first phase medical office building for Lot 4. The subdivision divides the 7.65 acres parcel into four commercially-zoned lots. The property is zoned B-2M, Community Business District - Mixed. DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: The January 7, 2022 revised application materials to the November 29, 2021 initial application conforms to standards and is sufficient for approval with conditions and code provisions. STRATEGIC PLAN: Vision Statement: 4. A Well-Planned City. We consistently improve our community’s quality of life as it grows and changes, honoring our sense of place and the ‘Bozeman feel’ as we plan for a livable, affordable, more connected city. 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. 4.3 Strategic Infrastructure Choices. Prioritize long-term investment and maintenance for existing and new infrastructure. 389 Page 2 of 3 Commission Memorandum BACKGROUND: Subsequent to the August 2021 approval of the PP, the Applicant discovered that he needed to request concurrent construction of public and private infrastructure for this subdivision. The Bozeman Municipal Code (BMC) Section 38.270.030.B.1.a, Completion of Improvements, requires all improvements to subdivisions to be completed and approved by the City before any building permit for any lot within the subdivision can be issued. The exception to this rule is when the Applicant requests concurrent construction of infrastructure improvements at the initial application for the subdivision—at preliminary plat application. The Applicant for this subdivision did not request concurrent construction or submit an Improvements Agreement request at the initial submittal of the PP. This Modification to the previously approved PP represents the proper route for submittal of the Concurrent Construction request, pursuant to 38.270.030.D Exception for Concurrent construction, and allows the Applicant to request to enter into an Improvements Agreement (IA) for those improvements, pursuant to 38.270.030.B.1.b.2. The PP map remains the same as was approved in August 2021. Since that time, however, some of the original conditions of approval and BMC code provisions have been met by the Applicant and are no longer listed in the PP recommended conditions and code provisions. Remaining unmet conditions and code provisions from the August 2021 PP approval are carried forward to this PP. This Modification to the PP would add six new BMC code provisions that must be met with the Final Plat. These code provisions would allow the Applicant to submit an Improvements Agreement and Financial Surety documents to assure that roads, water and sewer lines, stormwater ponds, landscaping in public rights-of-way and other improvements for the subdivision would be completed, inspected and accepted by the City prior to issuance of any certificate of occupancy for any building within the subdivision. Importantly, it would allow the Applicant to submit building permits for the medical office building on Lot 4 and, when approved, to construct the building and site improvements concurrently with the construction of private and public infrastructure for the subdivision. Public notice of this Preliminary Plat Modification was given on February 4th through the 25th, 2022 by posting of the property, by first class mail notice to adjacent property owners, by certified mail notice to owners of property contiguous to the subdivision, by certified mail to persons under contract to purchase land within the subdivision and to the Applicant, and by newspaper legal ad notice on Sunday February 6th and 13th. No written public comment has been received to date. The final decision for a second subsequent minor subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate by the Development Review Committee (DRC). The DRC deemed the application adequate for continued review on January 7, 2022. Pursuant to BMC 38.240.130 the City Commission shall approve, conditionally approve or deny the subdivision application by April 4, 2022, unless 390 Page 3 of 3 Commission Memorandum there is a written extension from the developer, not to exceed one year. The March 1, 2022 hearing on this application meets that deadline. UNRESOLVED ISSUES: There are no unresolved issues for this subdivision at this Preliminary Plat stage. The final plat must satisfy all of the recommended preliminary plat conditions of approval and all relevant Bozeman Municipal Code (BMC) code provisions noted in the attached staff report. ALTERNATIVES: 1. Approve the application with the recommended conditions; 2. Approve the application with clarifications/corrections or minor modifications to the staff-recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application to a later date, with specific direction to staff or the Applicant to supply additional information or to address specific items. This alternative is requested if the City Commission wishes to amend or add conditions of approval. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual developments along with City sewer and water connection fees. Attachments: Staff Report Applicant Narrative Application Preliminary Plat MOD Map Sheets Master Site Plan green plan Master Site Plan phasing plan Report compiled on: February 14, 2022 391 21447; Eastlake Professional Center Subsequent Minor Subdivision Preliminary Plat MODIFICATION Page 1 of 22 21447; Eastlake Professional Center Subsequent Minor Subdivision Preliminary Plat MODIFICATION Public Hearing Date: City Commission hearing is March 1, 2022 at 6:00 PM. Project Description: The Preliminary Plat (PP) for this Eastlake Professional Center Subsequent Minor Subdivision was approved on August 10, 2021 by a Findings of Fact and Order signature by Mayor Andrus. This application is a modification to that previously-approved PP to allow the Applicant to request concurrent construction of public and private infrastructure for the subdivision--concurrent with the construction of a first phase medical office building for Lot 4. This modification amends the conditions of approval and Bozeman Municipal Code (BMC) code provisions of the previously-approved PP for this subsequent minor subdivision to (1) add six code provisions that would allow the Applicant to request concurrent construction of infrastructure for the subdivision to accommodate development of a first phase medical office building on Lot 4; and (2) to remove conditions and code provisions that have already been met. The subdivision divides the 7.65 acre parcel into four commercially-zoned lots. The PP for the Eastlake Professional Center Subsequent Minor Subdivision was approved on August 10, 2021, Project No 21016. Legal Description: The property is legally described as Lot 1A of the Minor Subdivision 221E. Project Location: The property is unaddressed and is located in Section 26, Township 01 South, Range 05 East, PMM, Bozeman, Montana at the southeast corner of N. 27th Avenue and E. Valley Center Road. The property is zoned B-2M, Community Business District - Mixed. Staff Findings: On January 7, 2022, the Development Review Committee (DRC) found that the application conforms to BMC and State standards and is sufficient for approval with the conditions and code provisions identified in this report. Recommended City Commission Motion: “Having reviewed and considered the application materials, staff evaluation, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21447 and move to approve the Eastlake Professional Center Subsequent Minor Subdivision Preliminary Plat Modification application with conditions and subject to all applicable code provisions.” Report Date: February 14, 2022 Staff Contact: Susana Montana, Senior Planner; smontana@bozeman.net Cody Flammond, Project Engineer Agenda Item Type: Action (Quasi-judicial) 392 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 2 of 22 This report is based on the submitted application materials. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Development viewer as well. No public comments have been received as of the writing of this report. Should written public comments be received they would be included in the City’s Laserfiche archive and available to the public. EXECUTIVE SUMMARY Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Modification application on November 29, 2021 requesting a modification to the approved Eastlake Professional Center Subsequent Minor Subdivision, dividing one 7.65 acre lot into four commercially-zoned lots. The current 7.65 acre Lot 1A is undeveloped land. This Preliminary Plat (PP) was conditionally- approved on August 10, 2021 by signature of the Mayor on a Findings of Fact Order after a June 8, 2021 public hearing before the City Commission to discuss the merits of the subdivision application. The modifications now sought relate to the conditions of approval and code requirements of the previously-approved PP. The modifications would allow the Applicant to request concurrent construction of infrastructure for the subdivision while constructing a building and site on Lot 4. Purpose of the Modification. Subsequent to the August 2021 approval of the PP, the Applicant discovered that he needed to request concurrent construction of public and private infrastructure for this subdivision. The Bozeman Municipal Code (BMC) Section 38.270.030.B.1.a, Completion of Improvements, requires all improvements to subdivisions to be completed and approved by the City before any building permit for any lot within the subdivision can be issued. The exception to this rule is when the Applicant requests concurrent construction of infrastructure improvements at the initial application for the subdivision—at preliminary plat application. The Applicant for this subdivision did not request concurrent construction or submit an Improvements Agreement request at the initial submittal of the PP. This Modification to the previously approved PP represents the proper route for submittal of the Concurrent Construction request, pursuant to 38.270.030.D Exception for Concurrent construction, and allows the Applicant to request to enter into an Improvements Agreement (IA) for those improvements, pursuant to 38.270.030.B.1.b.2. The PP map remains the same as was approved in August 2021. Since that time, however, some of the original conditions of approval and BMC code provisions have been met by the Applicant and are no longer listed in the PP recommended conditions and code provisions. Remaining unmet conditions and code provisions from the August 2021 PP approval are carried forward to this PP. This Modification to the PP would add six new BMC code provisions that must be met with the 393 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 3 of 22 Final Plat. These code provisions would allow the Applicant to submit an Improvements Agreement and Financial Surety documents to assure that roads, water and sewer lines, stormwater ponds, landscaping in public rights-of-way and other improvements for the subdivision would be completed, inspected and accepted by the City prior to issuance of any certificate of occupancy for any building within the subdivision. Importantly, it would allow the Applicant to submit building permits for the medical office building on Lot 4 and, when approved, to construct the building and site improvements concurrently with the construction of private and public infrastructure for the subdivision. The request for concurrent construction requires the addition of the following standard code provisions which are shown as Numbers 5 through 10 on pages 12 and 13 of this report. 1. BMC 38.270.030.D.2 - The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in section 38.270.080. If a financial security is used, the amount would be determined by the City and in an amount not less than 150 percent of the cost of the improvements verified against City publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the City may be used. The security must be in the name of the City and must be at least six months longer than the time of performance required by the improvements agreement. 2. BMC 38.270.030.D.4 - Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the Montana Department of Environmental Quality prior to issuance of any building permit for the development. 3. BMC 38.270.030.D.6 - The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the City. The commercial general liability policy must name the City as an additional insured. The developer must furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof. 4. BMC 38.270.030.D.10 - The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section. 5. BMC 38.270.030.D.14 - Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval of the Community Development Director in consultation with the City Engineer and with a recommendation from the development review committee. 6. BMC 38.240.400.A - Where improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of public improvements. The certificate must list all completed and accepted improvements. 394 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 4 of 22 Preliminary Plat Description and Review Process This subdivision is a subsequent minor subdivision from a previously recorded minor subdivision of a tract of record and, per 38.240.140.A.2 and MCA 76-1-107, the Planning Board delegates its review of all minor subdivisions from a tract of land of record to the Community Development Director. Therefore, the Community Development Board, acting as the Planning Board, does not review this application. Pursuant to BMC 38.200.010.A, 38.240.100 and 38.240.150.A, the City Commission must review and take action on all proposed subdivisions via either a public meeting or a public hearing. Pursuant to 38.240.130, subsequent minor preliminary plats require a public hearing before the City Commission. On January 7, 2022, the Development Review Committee (DRC) found this application adequate for public notice and review by the City Commission. Pursuant to BMC 38.240.100, the final decision for a subsequent minor subdivision preliminary plat must be made by the City Commission within 60 working days of the date it was deemed adequate or, in this case, by April 4, 2022. The City Commission public hearing on this application is scheduled for March 1, 2022. The subdivider does not request any subdivision or zoning variances with this application. The City did not receive any written public comment on the application as of the writing of this report. Alternatives 1. Approve the application with the recommended conditions and code provisions; 2. Approve the application with minor clarifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 395 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 5 of 22 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 4 SECTION 1 – MAP SERIES .......................................................................................................... 6 SECTION 2 – REQUESTED VARIANCES ............................................................................... 10 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 10 SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ..................... 10 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 14 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 14 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. .................... 14 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 16 Compliance with Section 38.220.060 Stadards ................................................................ 18 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 20 APPENDIX B – NOTICING ........................................................................................................ 22 APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ................................. 22 FISCAL EFFECTS ....................................................................................................................... 22 ATTACHMENTS ......................................................................................................................... 22 396 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 6 of 22 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 21447 397 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 7 of 22 Exhibit 2 – Community Plan Future Land Use Designation—Regional Commercial and Services 398 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 8 of 22 Exhibit 3 – Current Land Use Map Undeveloped 399 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 9 of 22 Exhibit 4 – Existing Adopted and Proposed Preliminary Plat (no physical change) 400 21447; Eastlake Professional Center Subsequent Minor Subdivision Preliminary Plat MODIFICATION Page 10 of 22 SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat modification application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL The following conditions of approval and code provisions are offered to satisfy City and relevant State requirements as well as site-specific mitigation for potential adverse impacts associated with development of the proposed subdivision. The conditions of approval are in addition to the required BMC code provisions identified in this report. The conditions are specific to this preliminary plat application. Staff has considered the impacts as identified in the staff analysis and application materials and the conditions of approval are deemed reasonably-related and roughly- proportionate to the development of this subdivision. Recommended Conditions of Approval: 1. 38.410.060. Easements. The existing 10 foot utility easement must be released and cannot be shown on the final plat. 2. 38.400.060. Street Improvements. The Applicant must provide and file with the County Clerk and Recorder's office City-approved and Applicant-executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to North 27th Avenue including paving, curb/gutter, sidewalk, and storm drainage; b. Street improvements to Catamount Street including paving, curb/gutter, sidewalk, and storm drainage; c. Street improvements to East Valley Center Road including paving, curb/gutter, sidewalk, and storm drainage; d. Intersection improvements to North 27th Avenue and Catamount Street; e. Intersection improvements to East Valley Center Road and Catamount Street; f. Intersection improvements to North 27th Avenue and East Valley Center Road; g. Intersection improvements to North 19th Avenue and East Valley Center Road; and h. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The Applicant must provide the City Engineer with a copy of the filed SID waivers prior any future development of the subdivision. 3. The proposed project falls within the Bozeman Solvent Site boundary. The property is underlain by an aquifer contaminated with perchloroethylene (PCE). No irrigation wells may be installed on this property and any excavation and dewatering would require additional construction oversight. Please contact the Montana Department of Environmental Quality for additional information on construction requirements within the solvent site area. 401 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 11 of 22 4. The Applicant and prospective buyers of lots within the subdivision are hereby alerted that development of the Site is reliant on completion of offsite water and sewer infrastructure associated with the Billings Clinic Ambulatory Destination Center Phase I Site Plan. These improvements are under the control of a third-party developer and contractor and, therefore, are not eligible for Concurrent Construction. These improvements must be completed and accepted by the City prior to Final Plat approval of this Eastlake Professional Center Preliminary Plat. 5. Due to high groundwater on the property, the following notation shall be placed on the Conditions of Approval Sheet of the final plat: “Due to known high groundwater conditions in the area, no basements will be permitted with future development of the site. No crawl space will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles.” SECTION 4 – BMC CODE PROVISION REQUIREMENTS 1. BMC 38.100.080. Compliance with regulations required. The Applicant is advised that unmet Bozeman Municipal Code (BMC) code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the BMC or of State law. 2. 38.220.070. - Final plat. a. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificates. b. A letter from the City Engineer certifying that the following documents have been received: i. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public improvements, including a complete grading and drainage plan. c. Irrigation system as-builts. The developer must provide irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland 402 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 12 of 22 dedication requirements, once the irrigation system is installed. The as-builts must include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. d. A conditions of approval sheet addressing the criteria listed in this section must be provided with the final plat as set forth in 24.183.1107 ARM and must: i. Be entitled "Conditions of Approval of the Eastlake Professional Center Subsequent Minor Subdivision" with a title block including the quarter- section, section, township, range, principal meridian, county, and city in which the subdivision is located. ii. Contain any text and/or graphic representations of requirements by the governing body for final plat approval including, but not limited to, setbacks from streams or riparian areas, floodplain boundaries, no-build areas, building envelopes, easements or the use of particular parcels. iii. Include a certification statement by the landowner that the text and/or graphics shown on the conditions of approval sheet(s) represent(s) requirements by the City of Bozeman for final plat approval and that all conditions of subdivision application have been satisfied. iv. Include a notation stating that the information shown is current as of the date of the certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations. v. Include a notation stating that buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat, and that buyers of property are strongly encouraged to contact the Community Development Department and become informed of any limitations on the use of the property prior to closing. vi. List all associated recorded documents and recorded document numbers. vii. List easements, including easements for agricultural water user facilities. 3. 38.220.310. - Property owners' association. a. The responsibility of maintenance for the stormwater facilities, and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include weed control, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and stormwater facilities and all open space landscaping. b. All public access areas to be owned and maintained by the property owners association. The final plat must contain the above listed notations on the Conditions of Approval sheet. 403 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 13 of 22 4. 38.600.160. - Administration of regulations. The Applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the Applicant prior to final plat submittal. [The following numbers 5 through 10 are related to the request for concurrent construction of infrastructure for the subdivision.] 5. 38.270.030. D.2 – Improvements Agreement. The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in Section 38.270.080. If a financial security is used, the amount would be determined by the City and in an amount not less than 150 percent of the cost of the improvements verified against City publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the City may be used. The security must be in the name of the City and must be at least six months longer than the time of performance required by the improvements agreement. 6. 38.270.030. D.4 – Improvements Agreement. Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the Montana Department of Environmental Quality prior to issuance of any building permit for the development. 7. 38.270.030. D.6 – Liability Assurances. The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the City. The commercial general liability policy must name the City as an additional insured. The developer must furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof. 8. 38.270.030. D.10 – Construction Period Service Provision. The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section. 9. 38.270.030. D.14 – Concurrent Construction Plan. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval of the Community Development Director in consultation with the City Engineer and with a recommendation from the development review committee. 404 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 14 of 22 10. 38.240.400. A – Certificate of Completion on the Plat. Where improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of public improvements. The certificate must list all completed and accepted improvements. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS On January 7, 2022, the Development Review Committee (DRC) determined that the Eastlake Professional Center Subsequent Minor Preliminary Plat Subdivision Modification application, as revised, conforms to Bozeman Municipal Code (BMC) standards, was adequate for public notice, and is sufficient for approval by the City Commission with the above staff-recommended conditions and code provisions. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. A public hearing is required before a City Commission decision. The City Commission is scheduled for a public hearing on this subsequent minor subdivision preliminary plat on March 1, 2022 via WebEx at 6 PM. A WebEx link will be provided with the City Commission agenda. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal code standards, State statutes, adopted plans, public comment, and all other relevant materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in Condition of Approval No. 1, a 10-foot utility easement must be released prior to final plat approval. Code Provision No. 2 assures that the final plat would comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. In Code Provision No. 1, the subdivider is advised that unmet code provisions, or code 405 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 15 of 22 provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal and State standards. The listed code provisions address necessary documentation and compliance with standards these. Therefore, upon satisfaction of all conditions and code corrections the subdivision would comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The March 1, 2022, Bozeman City Commission public hearing was properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission would make the final decision on the subdivider’s request. The Department of Community Development received a preliminary plat modification application on November 29, 2021. The DRC reviewed the application and determined the submittal did not contained detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. A revised application was received on and the DRC determined the application was adequate for continued review on January 7, 2022 and recommended conditions of approval and code corrections for the staff report. The City scheduled public notice for this application for publication in the legal advertisements section of the Bozeman Daily Chronicle on Friday, February 4. 2022 for postings on Sundays, February 6 and February 13, 2022. The Applicant posted public notice on the subject property on February 4, 2022. The Applicant sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on February 4, 2022. No public comment had been received on this application as of the writing of this report. On February 14, 2022, staff completed and forwarded the staff report for this subsequent minor subdivision preliminary plat modification application with a recommendation of conditional approval for consideration by the City Commission, which is scheduled to make a final decision at its March 1, 2022 public hearing. The City Commission must make a final decision on a subsequent minor subdivision preliminary plat within 60 working days of the January 7, 2022 date this application was deemed “adequate”, in this case, the 60 working day period ends on April 4, 2022 4) Compliance with BMC Chapter 38, MCA 76-3-608(3) (a), and other relevant regulations. Community Development staff and the DRC reviewed the preliminary plat modification against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required BMC Code Provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water 406 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 16 of 22 and sewer facilities would conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. MCA Criteria, Section 76-3-608 Compliance 1) The effect on agriculture This subdivision would not impact agriculture. The property is currently undeveloped land, covered in native grasses and there is no agricultural production on the property. The City of Bozeman Community Plan Future Land Use Map designates the subject property as Regional Commercial and Services which allows for commercial uses and the property is zoned B-2M, Community Business-Mixed District. 2) The effect on Agricultural water user facilities This subdivision would not impact agricultural water user facilities as no irrigation facilities are present on the property. Condition No. 3 would assure that the underlying aquifer contaminated by PCE solvent would not be disturbed by development of the property. 3) The effect on Local services Water/Sewer – There is currently no water or sewer infrastructure in place to serve the property. It is anticipated that mains would be constructed to the west side of North 27th with the Billings Clinic project, prior to phase I construction per Condition of Approval No. 4. Utilities – Utilities to serve the site would be constructed with phase I and would connect to the new mains to be constructed with the Billings Clinic development to the west. NorthWestern Energy would be providing gas and electrical services to the proposed subdivision. Streets – Improvements to North 27th Ave. from E. Valley Center Road to Honor Lane would include full build out to City of Bozeman collector designation cross section standards and full construction of Honor Lane from North 27th to the southeast corner of the property would be constructed with phase I. Police/Fire – The City’s Police and Fire emergency response area includes the subject property. This subdivision does not impact the City’s ability to provide emergency services to the property. Stormwater – The subsequent minor subdivision would not significantly impact stormwater infrastructure. Stormwater infrastructure would be constructed and would be managed by the property owners’ association per Code Provision No. 7 and would be managed on an individual lot basis. 407 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 17 of 22 Parkland – The proposed subdivision is wholly commercial and is not required to provide parkland. If and when residential development occurs, parkland would be reassessed at that time. 4) The effect on the Natural environment No significant physical or topographical features have been identified, (e.g., outcroppings, geological formations, steep slopes), on the subject property. Provisions would be made to address the control of noxious weeds and maintenance of the property and would be further addressed by inclusion in the existing protective covenants and compliance with the recommended Code Provision No. 7. 5) The effect on Wildlife and wildlife habitat The subdivision would not significantly impact wildlife and wildlife habitat. The subdivision is zoned for commercial development and is surrounded by adjacent commercially-zoned properties that are either developed or are in the early stages of development. There are no known endangered or significant wildlife populations on the property. 6) The effect on Public health and safety With the recommended Conditions of Approval and required Code Provisions, the subdivision would not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The DRC reviewed the subsequent minor subdivision preliminary plat modification and determined that, with the recommended conditions and code provisions, it is in compliance with the BMC. This staff report notes all other conditions deemed necessary to ensure compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3- 608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community Development reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. This report includes findings to justify the recommended site-specific Conditions of Approval for reasonable mitigation of impacts from the proposed minor subdivision. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities Per Code Provision No. 1, the final plat would provide and depict all necessary utilities and required utility easements. 408 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 18 of 22 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat would provide legal and physical access to each parcel within the subdivision. All of the proposed lots would have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. BMC 38.220.060. Documentation of compliance with adopted standards The Development Review Committee (DRC) completed a subdivision pre-application plan review on September 16, 2020 and no waivers or variances were requested. Staff offers the following summary comments on the documents required with BMC Article 38.220.060. 38.220.060. A.1 – Surface water Although the subdivision is named “Eastlake” Professional Center, there is no lake or any surface water on or in the vicinity of the site. Cattail Lake and Cattail Creek lie approximately one-quarter mile to the southwest of the property (“as the crow flies”). 38.220.060. A.2 - Floodplains No mapped 100-year floodplains impact the subject property. The elevation of the site is higher than the elevation of the 0.2-percent annual chance flood. This subdivision would not be impacted by floodplains. 38.220.060. A.3 - Groundwater Groundwater can be found on-site between 67 inches and 112 inches. Test pit locations and results were provided with the application. Condition of Approval No. 6 prohibits the construction of basements on individual lots which would mitigate the impacts of high groundwater on the site. 38.220.060. A.4 - Geology, Soils and Slopes This subdivision would not significantly impact the geology, soils or slopes. No significant geological features or slopes exist on the site. 38.220.060. A.5 - Vegetation This subdivision would not significantly impact vegetation. No critical plant communities have been identified on- site. 38.220.060. A.6 - Wildlife This subdivision would not significantly impact wildlife. The proposed subdivision does not contain any known critical, significant or key wildlife areas. 38.220.060. A.7 - Agriculture This subdivision would not impact agriculture. The City of Bozeman Community Plan designates the subject property as Regional Commercial and Services and the Community Business District 409 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 19 of 22 – Mixed (B-2M) zoning designation allows for commercial uses. The lot is currently undeveloped land, covered in native grasses and there is no agricultural production on the property 38.220.060. A.8 - Agricultural Water User Facilities This subdivision would not impact agricultural water user facilities. No irrigation facilities are present on the lots. 38.220.060. A.9 - Water and Sewer The subdivision would not significantly impact city water and sewer infrastructure. Water and sewer improvements would be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. 38.220.060. A.10 - Stormwater Management The subdivision would not significantly impact stormwater infrastructure. Stormwater infrastructure would be constructed and would be managed and maintained by the property owners’ association per Code Provision No.7. 38.220.060. A.11 - Streets, Roads and Alleys The subdivision would not significantly impact the City’s street infrastructure and would provide adequate improvements to support the development. Condition of Approval No. 2 would assure adequate road improvements in the area. 38.220.060. A.12 – Non-Municipal Utilities This subdivision would not significantly impact existing utilities. Utilities to serve the site would be constructed with phase I and would connect to the new mains to be constructed with the Billings Clinic development to the west. NorthWestern Energy would be providing gas and electrical services to the proposed subdivision. 38.220.060. A.13 - Land Use The subdivision would not significantly impact land use. The proposed subdivision would create four lots for commercial uses. The property is zoned B-2M, Business District – Mixed and is designated as a commercial area in the Community Plan 2020. It is anticipated that the commercial uses of the property would complement the adjacent 50-plus acre medical “campus” proposed by the Billings Medical Center. 38.220.060. A.14 - Parks and Recreation Facilities This proposed subdivision is commercial and would not require parkland dedication. 38.220.060. A.15 - Neighborhood Center Plan This proposed subdivision is commercial and would not require a neighborhood center. 38.220.060. A.16 - Lighting Plan A lighting plan was submitted with the application for this proposed subdivision. Site and street lighting would be installed with phase I and conform to City of Bozeman standards. 410 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 20 of 22 38.220.060. A.17 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. 38.220.060. A.18 - Affordable Housing The subdivision is wholly commercial does not propose any housing. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned B-2M, Community Business District - Mixed. The intent of the B- 2M District is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the City. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi- household residential as a secondary use. Design standards emphasizing pedestrian-oriented building designs are important elements of this district. This property is adjacent to the 50-plus acre proposed Billings Clinic-Bozeman Medical Campus and it is anticipated that businesses locating within this Eastlake Professional Center subdivision would be related and compatible medical services. Adopted Growth Policy Designation: The subject property is designated as Regional Commercial and Services. This category designates places where the primary activity should be regional-serving and prominent commercial uses requiring substantial infrastructure and location near significant transportation facilities. Development within this category needs well-integrated utilities, transportation and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. This proposed subdivision is well-suited to implement the Regional Commercial and Services designation based on the location near major thoroughfares and the adjacency to other commercial areas that are in various stages of development. The proposed subdivision would blend well with adjacent properties and uses and includes a pedestrian right-of-way that connects N. 27th, across from the access to the future Billings Clinic Campus development, to the shared use path, east of the property. 411 21447; Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 21 of 22 Exhibit 5 – Community Plan Future Land Use Designations Correlating to Zoning Districts 412 21447; Eastlake Professional Center Subsequent Minor Subdivision Preliminary Plat MODIFICATION Page 22 of 22 APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public hearing per BMC 38.220.420, The City provided public notice for this application in the following ways: (1) publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, February 6 and Sunday, February 13, 2022; (2) the Applicant posted public notice on the subject property on February 4, 2022; and (3) the Applicant sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on February 4, 2022. No public comment had been received on this application as of the February 14, 2022 writing of this report. APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF Owner: Eastlake Professional Center, LLC, 5073 Patterson Road, Bozeman, MT 59718 Applicant: Eastlake Professional Center, LLC, 5073 Patterson Road, Bozeman, MT 59718 Representative: Intrinsik Architecture, Inc., 111 North Tracy Ave, Bozeman, MT 59715 Report By: Susana Montana, Senior Planner and Jacob Miller, Assistant Planner Cody Flammond, Project Engineer FISCAL EFFECTS No unusual fiscal effects have been identified due to Condition of Approval No. 2 which requires the Applicant to waive the right to protest creation of Special Improvement Districts for street improvements near and serving the proposed subdivision. No presently budgeted funds would be changed by this subdivision. ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #21447, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=232508&cr=1 This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-447 Public Comment: None to date. 413 EASTLAKE PROFESSIONAL CENTER Preliminary Plat Mod Narrative November 2021 414 2 November 2021 Preliminary Plat MOD: Eastlake Professional Center Table of Contents 1. Application Forms & Checklists (Applications included - A1 Development Review, PP Subdivision Preliminary Plat, & N1 Noticing Checklist) 2. Project Team 3. Narrative I. Project Overview II. Project Details III. Phasing Timelines IV. Concurrent Construction Request V. Modification to the Preliminary Plat Conditions of Approval 4. Appendices Appendix A: Green Plan Appendix B: Preliminary Plat Appendix C: Phasing Plan Appendix D: Release of Easement Appendix E: Draft SID Waivers Appendix F: Response to Conditions of Approval Appendix G: Preliminary Plat Findings of Fact (21-016) Appendix H: Weed Management Plan Appendix I: Discharge Permit Appendix J: SWPPP Confirmation 5. Plan Set Civil Preliminary Plat Master Utility Plan Site Survey 415 3 November 2021 Preliminary Plat MOD: Eastlake Professional Center 1. Application Forms & Fees The required A1, PP, & N1 forms for the Eastlake Professional Center Subdivision Preliminary Plat Application have been included in the application materials. The calculated fee total is outlined below. COMPONENT FEE QUANTITY TOTAL PP Base Fee (Minor Subdivision) $2,459 1 $2,459.00 Additional fee per lot subject to Site Plan Review $40 4 $160.00 TOTAL $ 2,619.00 416 4 November 2021 Preliminary Plat MOD: Eastlake Professional Center 2. Project Team OWNER Eastlake Professional Center LLC Attn: Randy Scully randy@scullywestproperties.com 5073 Patterson Road Bozeman, MT 59718 p. 914.450.8803 APPLICANT ScullyWest Properties, LLC Attn: Randy Scully randy@scullywestproperties.com 5073 Patterson Road Bozeman, MT 59718 p. 914.450.8803 PROJECT CONSULTANTS Planning Intrinsik Architecture, Inc. Attn: Tyler Steinway tsteinway@intrinsikarchitecture.com 111 North Tracy Avenue, Bozeman, MT 59715 p. 406.582.8988 Civil Engineering TD&H Engineering Attn: Alex Edwards Alex.Edwards@tdhengineering.com 234 East Babcock Street, Suite 3 Bozeman, MT 59715 p. 406.586.0277 Landscape Architect Design 5 Attn: Nate Beck Nate@Design5la.com 37 East Main Street, Suite 10 Bozeman, MT 59715 p. 406.587.4873 417 5 November 2021 Preliminary Plat MOD: Eastlake Professional Center 3. Narrative Executive Summary We are submitting a material modification to our approved preliminary plat application to allow us to enter into an improvements agreement for the outstanding road improvements as allowed under UDC Section 38.270.030.B.1.b.2. Completion of Improvements. This request is coupled with a Concurrent Construction request to begin construction on the Medical Eye Specialist Clinic on Lot 4 prior to the completion of these remaining street improvements. This request to financially guarantee and request concurrent construction was not available when we initially submitted our preliminary plat and thus results in a material modification to the plat, which requires re -review by the City Commission. For more information on our concurrent construction request please see Section IV. I. Project Overview The Subdivision Preliminary Plat to subdivide 7.65 acres (333,321 SF) of undeveloped land into four (4) commercial lots was approved on June 8,2021. Subsequently, a site plan was submitted (currently on public notice) for a Medical Eye Clinic located on lot 4. 418 6 November 2021 Preliminary Plat MOD: Eastlake Professional Center Due to unforeseen circumstances and timing, it became apparent that all of the necessary subdivision improvements weren't able to be completed prior to the asphalt plant closing, which will ultimately results in a significant time delay in the start of construction for the important Medical Eye Specialists clinic. It is our intent to financially guarantee all remaining street improvements to allow the concurrent construction request to be granted. Because this item was not requested in our original preliminary plat application it constitutes a material modification to a plat, which ultimately requires a new decision by the review authority. II. Project Details Please refer to Appendix G for all relevant information on the previously approved preliminary plat. III. Phasing Timelines This project is proposed to be constructed in five (5) phases. Phase 1 is to be the first phase constructed. While Phases 2 - 5 are numbered numerically, and subsequently to Phase 1, phases are not necessarily intended to be constructed in their numerical order. It is the applicants intention that Phases 1 - 5 may be constructed concurrently or independently of one another. Please see Appendix C for an updated phasing plan providing additional details on the extent of each proposed phase. The applicant is seeking to financially guarantee the remaining on site road improvements in Phase 1. The future phasing expectations will be further developed in the subsequent Final Plat submittal. IV. Concurrent Construction Request 1. The city will have an opportunity to review and approve future proposed 419 7 November 2021 Preliminary Plat MOD: Eastlake Professional Center development through a site plan review or planned unit development; Response: Understood. A site plan application for the Medical Eye Specialists is currently on public notice and a building permit application has been submitted. It is understood that all future development/sites will be required to go through the site plan review process. 2. The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in section 38.270.080. If a financial security is used, the amount will be determined by the city and in an amount not less than 150 percent of the cost of the improvements verified against city publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the city may be used. The security must be in the name of the city and must be at least six months longer than the time of performance required by the improvements agreement; Response: The property owner is prepared to enter into an improvement ’s agreement with financial security for 150% of the cost of improvements acceptable to the City. The security will be made in the name of the City and extend a minimum of 6 months beyond the anticipated completion date. 3. Improvements must be complete within two years of the date of the improvements agreement; Response: Public infrastructure improvements are anticipated to be complete by June of 2022. 4. Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the engineering department, and the Montana Department of Environmental Quality when applicable, prior to issuance of any building permit for the development; Response: Infrastructure approval has been granted by the City of Bozeman, and DEQ review is underway. We anticipate DEQ approval will be granted very soon. 5. Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the development must cease until required phases of infrastructure improvements as described in the improvements agreement have been completed, and inspected and accepted by the city; Response: Incremental phases as deemed necessary by the City are acknowledged and building construction will be phased in accordance with the improvements agreement. 6. The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the city. The commercial general liability policy must name the city as an 420 8 November 2021 Preliminary Plat MOD: Eastlake Professional Center additional insured. The developer must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof; Response: The developer will provide the required insurance and name the City as additional insured. 7. The developer must recognize, acknowledge and assume the increased risk of loss because certain public services do not exist at the site; Response: The developer acknowledges this risk. 8. If public funds or other third party funding will be used to fund all or part of the installation of infrastructure, the improvements agreement between the developer and the city must identify the type or types of predetermined infrastructure funding. Public or third party funding may include, but is not limited to reimbursement, payment up front, creation of a special improvements district, or grants; Response: No public funds are anticipated for this project. 9. No occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the development will be allowed until required infrastructure improvements have been completed, inspected, and accepted by the city, and a certificate of occupancy has been issued; a. No occupancy of structures or commencement of any use is allowed when such action would constitute a safety hazard in the opinion of the city; Response: The applicant understands that all necessary improvements must be completed and reviewed by the City prior to a Certificate of Occupancy being issued for the development. 10. The developer must enter into an agreement with the city to address the provision of any services on an interim basis during construction, if deemed appropriate; Response: If deemed appropriate by the City, the applicant is willing to enter into an agreement with the City to address provision of services. 11. The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section; Response: The applicant is aware of the risks associated with the concurrent build process, and is willing to hold harmless the City against any and all liabilities. 12. The developer must pay for any extraordinary costs associated with the project which the city may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs; 421 9 November 2021 Preliminary Plat MOD: Eastlake Professional Center Response: Extraordinary costs are not anticipated for this project; however, the developer agrees to cover costs if additional staff hours are deemed necessary for inspection and project oversight. 13. The development must be under the control of a single developer and all work must be under the supervision of a single general contractor. The developer and general contractor must agree that there must be no third-party builders until required infrastructure improvements have been completed, and inspected and accepted by the city; and Response: The development is under the control of a single developer, who will maintain control of the project until all required infrastructure improvements are complete, inspected, and accepted by the City. One general contractor will supervise all work conducted on site. 14. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval of the community development director in consultation with the city engineer and with a recommendation from the development review committee. Response: Acknowledged. A concurrent construction plan will be provided subsequent to preliminary plat approval. V. Response to the Conditions of approval Please see Appendix E for response to the preliminary plat conditions of approval. 422 Ch Brg=N18°44'59"E Ch Dist=263.30'''''''''''''''''''''''''''''''''''''''''L=267.59' [267.56'] R=430.00'N00°54'39"E 486.42'S89°50'55"W 462.44'S00°54'50"W 608.87'S5 3 ° 2 6 ' 06" E 37 9 . 8 6 'N36°34'58"E 125.31'S S S S S LEGEND FEATURE DESCRIPTION S SURVEYED BY: QUALITY CHECK: JOB NO.FIELDBOOK DRAWN BY:DATE: Engineering tdhengineering.com MONTANAWASHINGTONIDAHO GREAT FALLS-BOZEMAN-KALISPELL-SHELBY LEWISTONSPOKANE NORTH DAKOTAWATFORD CITY B16-089 423 EEEEEEEEEEEEEEEEEEE E E E E E E E E E E E E E E E E E E E E E EFFFFFFFFFFFFFFFFFFF F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F FFFFFFFFFFFFFFFFFFFFFFFFFFF F EFEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE EEE E E E EEEEEEEEEEEEEEEEEEE E E E E E E E E E E E E E E E E E E E E E EFFFFFFFFFFFFFFFFFFF F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F FFFFFFFFFFFFFFFFFFFFFFFFFFF F EFEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE E E E E E E E E E E E E EEE EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE EEE E E E SSSS1+002+003+004+00 5+00 6+00 7+00 8+00 8+75 B16-089 C3.1CONSTRUCTION PHASE ONE PLAN.DWG C3.1SHEET DESIGNED BY: QUALITY CHECK: JOB NO. FIELDBOOK DRAWN BY: DATE:REV DATEREVISIONEAST LAKE PROFESSIONAL CENTERBOZEMAN, MONTANAB16-089 07/2020 170/14 .DWG TJW TJW KLSEngineering234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715406.586.0277 • tdhengineering.com424 425 Memorandum REPORT TO:City Commission FROM:Nakeisha Lyon, Associate Planner, Development Review Division Brian Krueger, Development Review Manager, Development Review Division Anna Bentley, Interim Director and Deputy Director, Community Development Department SUBJECT:Review of Application No. 21419, A Preliminary Plat of the Block 1, Lot 1 of the Parklands at the Village Downtown Major Subdivision to Create 8 single household residential lots on 1.201 acres on subject property zoned R-4, Residential High-Density District MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Having reviewed and considered the application materials, public comment, Planning Board recommendation, and all the information presented, I hereby adopt the findings presented in the staff report for application 21419 and move to approve the subdivision with conditions and subject to all applicable code provisions. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The Department of Community Development received a Preliminary Plat Application on November 23, 2021 requesting to subdivide 1.201 acres to create 8 single-household lots. The proposed subdivision is located within the existing Village Downtown Planned Unit Development (PUD). The preliminary plat (19135) for the overall subdivision for the Parklands at Village Downtown was approved by the City Commission in August 2019 with final plat (21167) approval occurring in October 2021. Access to the individual lots are provided by a public street and an improved alley as allowed by the Bozeman Municipal Code (BMC). The Parklands at the Village Downtown has a park and common open space which serves these proposed lots with pedestrian connections to existing trails adjacent to the subject property. Infrastructure to serve this subdivision have been proposed to be installed or were previously financially guaranteed as allowed by the BMC during the platting process for the 426 overall subdivision. On January 25, 2022 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. The City did not receive any written public comment on the application as of the writing of this report. The final decision for this preliminary plat must be made by March 16, 2022. The Community Development Board acting in their capacity as the Planning Board considered compliance of the application with the applicable review criteria and growth policy on February 7, 2022, and voted 7 to 2 to recommend approval of this Preliminary Plat Major Subdivision to the City Commission with applicable conditions and code provisions. During the public comment period related to this application of the Community Development Board public meeting, one public comment was received related to the proposed subdivision which denoted concerns with the subdivision meeting parklands requirements, and the condition of accessory dwelling units being utilized to meet density requirements. Additionally, the Community Development Board members denoted their concerns with the accessory dwelling unit condition of approval and enforcement of the development of these units, accessory dwelling unit size limitation, density requirements, and wetlands. Further details and staff’s analysis of this comment is included on pages 13 - 15, and 20 of the attached staff report. Staff has revised the ADU condition of approval to address the concerns of the Board. UNRESOLVED ISSUES: There are no unresolved issues with this application. ALTERNATIVES:1. Approve the application with clarifications and/or corrections or minor modifications to the staff-recommended conditions and applicable code provisions; 2. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 427 3. Open and continue the public hearing on this application to a later date, with specific direction to staff or the Applicant to supply additional information or to address specific items. This alternative is requested if the City Commission wishes to amend or add conditions of approval. FISCAL EFFECTS:None. Attachments: 21419 L1B1 The Parklands at Village Downtown Preliminary Plat Staff Report.pdf Report compiled on: February 18, 2022 428 Page 1 of 27 21419 Staff Report for Lot 1, Block 1 of the Parklands Major Subdivision Preliminary Plat Public Meeting/Hearing Dates: Community Development Board acting as the Planning Board met on Monday, February 7, 2022 at 6:00 pm. Link: https://bozeman.granicus.com/player/clip/236?view_id=1&redirect=true City Commission Hearing will be held Tuesday, March 1, 2022 at 6:00 pm via WebEx. A WebEx link will be provided with the City Commission agenda. Project Description: A major preliminary plat application for a proposed eight (8) single- household residential lot subdivision within Lot 1, Block 1 of the Parklands at Village Downtown Subdivision on 1.201 acres (52,331 square feet). Project Location: The subject property is zoned R-4 residential high-density district. The property is located within a Planned Unit Development (PUD) known as the Village Downtown. The property is legally described as Lot 1, Block 1, The Parklands at Village Downtown Subdivision located in the NW ¼ Section 8 (S08), Township Two South (T02 S), Range Six East (R6 E), P.M.M., City of Bozeman, Gallatin County, Montana Staff’s Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Community Development Board Recommendation: On February 7, 2022, this Board, serving as the Planning Board, reviewed and considered the application materials, public comment, and all the information presented, and by a vote of 7 to 2, recommended approval of the Lot 1, Block 1 of the Parklands at the Village Downtown Preliminary Plat major subdivision with conditions recommended by staff and all applicable code provisions. Recommended City Commission Motion: Having reviewed and considered the application materials, public comment, Planning Board recommendation, and all the information presented, I hereby adopt the findings presented in the staff report for application 21419 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: February 15, 2022 Staff Contact: Nakeisha Lyon, AICP, Associate Planner Karl Johnson, Project Engineer Agenda Item Type: Action (Quasi-judicial) 429 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 2 of 27 EXECUTIVE SUMMARY This report is based on the application materials submitted and found to be sufficient for approval with applicable conditions and code provisions, the recommendation of the Community Development Board, and public comment received to date. The application materials are available in the City’s Laserfiche Archive and may be accessed through the Community Development Viewer as well. One public comment have been received as of the writing of this report which is available here at time stamp 13:26. No written public comment has been submitted at this time. Should written public comments be received, they will be included in the City’s Laserfiche Archive and available to the public. Unresolved Issues. There are no unresolved issues with this application. The final plat must satisfy all the recommended preliminary plat conditions of approval and all relevant Bozeman Municipal Code (BMC) code provisions noted on page 9 of this report. Project Summary The Department of Community Development received a Preliminary Plat Application on November 23, 2021 requesting to subdivide 1.201 acres to create 8 single-household lots. The proposed subdivision is located within the existing Village Downtown Planned Unit Development (PUD). The preliminary plat (19135) for the overall subdivision for the Parklands at Village Downtown was approved by the City Commission in August 2019 with final plat (21167) approval occurring in October 2021. Access to the individual lots are provided by a public street and an improved alley as allowed by the Bozeman Municipal Code (BMC). The Parklands at the Village Downtown has a park and common open space which serves these proposed lots with pedestrian connections to existing trails adjacent to the subject property. Infrastructure to serve this subdivision have been proposed to be installed or were previously financially guaranteed as allowed by the BMC during the platting process for the overall subdivision. On January 25, 2022 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. The City did not receive any written public comment on the application as of the writing of this report. The final decision for this preliminary plat must be made by March 16, 2022. The Community Development Board acting in their capacity as the Planning Board considered compliance of the application with the applicable review criteria and growth policy on February 7, 2022, and voted 430 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 3 of 27 7 to 2 to recommend approval of this Preliminary Plat Major Subdivision to the City Commission with applicable conditions and code provisions. During the public comment period related to this application of the Community Development Board public meeting, one public comment was received related to the proposed subdivision which denoted concerns with the subdivision meeting parklands requirements, and the condition of accessory dwelling units being utilized to meet density requirements. Additionally, the Community Development Board members denoted their concerns with the accessory dwelling unit condition of approval and enforcement of the development of these units, accessory dwelling unit size limitation, density requirements, and wetlands. Further details and staff’s analysis of these comments are included on pages 13 - 15, and 20 of this report. Staff has revised the ADU condition of approval to address the concerns of the Board. Alternatives 1. Approve the application with clarifications and/or corrections or minor modifications to the staff-recommended conditions and applicable code provisions; 2. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 3. Open and continue the public hearing on this application to a later date, with specific direction to staff or the Applicant to supply additional information or to address specific items. This alternative is requested if the City Commission wishes to amend or add conditions of approval. 431 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 4 of 27 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 3 SECTION 1 – MAP SERIES .......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ............................................................................... 10 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 10 SECTION 4 – CODE REQUIREMENTS .................................................................................... 11 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 12 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 13 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 13 38.220.060 Documentation of compliance with adopted standards ................................. 20 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 23 M-1.11 Prioritize and construct key sidewalk connections and enhancements. ........................... 26 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 26 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 26 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 26 FISCAL EFFECTS ....................................................................................................................... 27 ATTACHMENTS ......................................................................................................................... 27 432 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 5 of 27 SECTION 1 – MAP SERIES Exhibit 1 –Zoning Map 433 Page 6 of 27 Exhibit 2 – Community Plan 2020 Future Land Use 434 Page 7 of 27 Exhibit 3 – Preliminary Plat 435 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 8 of 27 Exhibit 4 – Preliminary Plat Conditions of Approval 436 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 9 of 27 Exhibit 5 – Trail and Park Proximity 437 Page 10 of 27 SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. In accordance with 38.240.100, BMC, the applicant has chosen review of this subdivision under the terms of 76-3-623 MCA; therefore, applicant is obligated to complete the construction of the approved subdivision in accordance with the approved application and any applicable requirements in Montana law, administrative rules, municipal code, and design standards. 2. The final plat must contain the following notations on the conditions of approval sheet. Several of these conditions are included on this sheet, however, may need to be revised to update the language: a. Ownership of all common open space lots, areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands are that of the property owners’ association. Maintenance responsibility includes, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks, greenway corridors or other common open space areas. b. The property owner’s association must be responsible for maintenance of stormwater infrastructure located within the common open spaces. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. c. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space lots, areas and trails. d. The City of Bozeman shall be responsible for the maintenance of boulevard trees along Village Downtown Boulevard. e. City standard sidewalks (including a concrete sidewalk section through all private drive approaches) must be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Upon a third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk must, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made on upon the lot. f. All plans and specifications for public infrastructure will be stored at the City’s Engineering Office located at 20 E. Olive Street, Bozeman, Montana 59715. 438 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 11 of 27 g. The proposed development falls within a known area of high groundwater. No crawl spaces or basements may be constructed with the future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system or drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. h. The orientation of buildings located on Lot 1 and Lot 8 shall match the orientation of Lots 2 – 7. i. Accessory dwelling units (ADUs) may count towards meeting the minimum density requirements for the Residential High Density zoning district (R-4) that is applicable to the lots indicated within this proposed development, only if: i. An ADU is constructed on each lot, ii. An attached ADU is permitted through the Building Department under the same building permit for the principal structure, iii. A detached ADU is permitted through the Building Department separately from the principal structure, and, iv. Applicable building permits for the principal structure and detached ADU are applied for and approved concurrently. The City of Bozeman will not issue certificates of occupancy for any of the principal structures on the lots unless an ADU has also been constructed. SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. a. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Sec. 38.240.150. Final plat application. a. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats (24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. i. The Final Plat application must include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent) and one (1) digital copy. ii. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. 439 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 12 of 27 iii. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 3. Sec. 38.240.460. Acceptance of dedications. a. Please edit the Certificate of Director of Public Works to be the following: i. CERTIFICATE OF ACCEPTANCE OF DEDICATIONS 1. I, Direct of Public Works, City of Bozeman, Montana, do hereby accept the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use. DATED this ______ day of _______, ________. (Signature), Director of Public Works. 4. Sec. 38.240.540. Certificate of Governing Body. a. Please add the following certificate to be the plat: i. CERTIFICATE OF GOVERNING BODY APPROVING PLAT 1. I, Direct of Community Developmet, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law and approves it. DATED this ______ day of _______, ________. (Signature), Director of Community Development. 5. Sec. 38.410.060. - Easements. a. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 6. Sec. 38.410.130 - Water Adequacy. a. Subject to subsections B and C, prior to final approval by the review authority of development occurring under this chapter or chapter 10, the applicant must offset the entire estimated increase in annual municipal water demand attributable to the development pursuant to subsection D. i. Payment-in-lieu of water rights must be made for the lots prior to final plat approval. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions and code provisions on January 25, 2022 based on staff analysis and findings as described below in Section 6 of this report. On February 7, 2022, the Community Development Board, acting as the Planning Board pursuant to Sec. 38.240.130.A.3, head a public meeting on the proposed application. The public meeting was held via WebEx. The Community Development Board recommended approval of 440 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 13 of 27 the Preliminary Plat subdivision subject to the staff-recommended conditions of approval and all applicable code provisions. The public hearing date for the City Commission’s consideration of this application will be held Tuesday, March 1, 2022 at 6:00 pm via WebEx. A WebEx link will be provided with the City Commission agenda. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the surveying requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the BMC. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Community Development Board acting as the Planning Board public meeting and the City Commission public hearing were properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. 441 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 14 of 27 The subdivider requested review of this subdivision under the terms of 76-3-623 MCA as authorized in 38.240.100. Subdivisions reviewed under the terms of 76-3-623 may not include variances or other instances of lack of compliance to standards and procedures. The Department of Community Development received a Preliminary Plat Application on November 23, 2021 requesting to subdivide 1.201 acres to create 8 single-household lots. The DRC met on December 8, 2021 with formal comments submitted on December 16, 2021. The project was deemed inadequate for review by the DRC and the review halted until revised materials were provided. Revised materials were submitted with formal intake on January 6, 2022. On January 25, 2022, the DRC found the application sufficient for continued review and recommends the conditions of approval and code provisions identified in this staff report. The City scheduled public notice for this application for publication in the legal advertisements section of the Bozeman Daily Chronicle on Thursday, February 3, 2022 for postings on Sundays, February 6 and February 13, 2022. The applicant posted public notice on the subject property on February 7, 2022. The applicant sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on February 7, 2022. On February 3, 2022, this major subdivision staff report was completed and forwarded with a recommendation of approval subject to code provisions for consideration to the Community Development Board acting as the Planning Board. No written public comments have been received on this application as of the writing of this report. Community Development Board Meeting Public Comments & Board Discussion: During the public comment period of the February 7, 2022 Community Development Board meeting, one comment was received which denoted concerns with the subdivision meeting parklands requirements, and the condition of accessory dwelling units being utilized to meet density requirements. The commenter denoted that the underlying subdivision for the Village Downtown provide cash in lieu of parklands rather than a park to serve the neighborhood and the linear park provided in addition to the cash in lieu amount is not adequate in meeting the intent of park dedication for this subdivision. In reference to staff’s discussion on walkability to existing parks, the commenter stated that existing parks such as Lindley Park is not considered by the neighbors as proximate to the subject property with the distance traveled on foot being more age appropriate for older children only. Additionally, the commenter denoted that there is limited justification for the inability of the applicant to meet density requirements and the 442 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 15 of 27 utilization of accessory dwelling units may led to more vacation rentals. The commenter further stated that there is no mechanism to ensure the accessory dwelling units are obtainable. During the Community Development Board’s discussion, members denoted issues with the accessory dwelling unit condition of approval and enforcement of the development of these units, accessory dwelling unit size limitation, density requirements, and wetlands. Staff’s Response and Further Analysis: Parklands: Staff denoted that the Parks Department reviewed the preliminary plat as part of the DRC and found that the applicant has provided adequate parklands for the eight proposed lots for single household development. During the platting process for the underlying Parklands at the Village Downtown Subdivision, a linear park and trail corridor were dedicated to meet the intent of the 9 proposed single household lots at that time, and the multi-household dwellings that were originally denoted for future development on Lot 1, Block 1. The land area required for park dedication for the underlying plat was 0.16 acres which is based on the existing 9 single household lots with a density of 5.42 units per acre with a required 0.03 acre per unit dedication requirement. The unknown density for Lot 1, Block 1 was calculated based on the density cap of 8 dwelling units per acre for the R-4 zoning district and 1.21 net residential acres which denoted a required 0.29 acres for this portion. The applicant would be required to provide a 0.45 acre park in which the linear park and trail corridor exceed this threshold at 0.63 acres. Please be aware that park dedication is not required for accessory dwelling units. The Recreation and Parks Advisory Board recommended approval of the parks master plan which was approved by the City Commission concurrently as a component of the Preliminary Plat for application 19135. This linear park provides a more approximate open space and passive recreation opportunity to the subdivision rather than Lindley Park and other parks that may be in the area, and would address concerns regarding distance traveled and safety of children. Please see Exhibit 5 in the Map Series of Section 1 for a visualization of parks, trails, and proposed amenities within this area. Accessory Dwelling Units – Density and Enforcement: Regarding the commenter’s discussion on the limited justification for the applicant’s discussion to meet the density requirement through including accessory dwelling units, the single household lots with or without accessory dwelling units is compatible with the zoning district and growth policy. Based on the density calculations, only one additional lot is required in the subdivision to meet the lot requirement for the minimum 8 dwelling units per acre or R-4. Rather than provide the additional lot, the applicant processes to provide each principal structure with an accessory dwelling unit, which provides an additional 8 dwelling units, for a total of 16 dwelling units. The 443 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 16 of 27 applicant is able to change the intent of their development from what was previously expressed in past applications through the platting process. The Board denoted issues with enforcement regarding how the City would ensure the accessory dwelling units would be built. The Board also denoted concern with requiring a separate permit for the accessory dwelling units. Typically, attached accessory dwelling units are permitted with the principal structure under one building permit with the separate detached accessory dwelling units permitted separately from the principal. To ensure the enforcement of the accessory dwelling unit conditions, and to address these concerns indicated by The Board, the condition of approval associated with utilizing the accessory dwelling unit as a component of the minimum density requirement has been revised to clarify the differences between attached and detached structures, and to denote that a certificate of occupancy would not be provided to the property owner unless the accessory dwelling unit was built. Additionally, a final occupancy building restriction will be required during the final platting process against the proposed lots which would restrict final occupancy permits for the principal structures until the accessory dwelling unit is constructed. The Planning Division will work closely with the Building Division to ensure enforcement of this provision accordingly. One board member denoted concerns regarding the size limitations of accessory dwelling units which are currently a maximum of 600 square feet for detached accessory dwelling units, and a limitation of one-third of the principal structure’s total area for an attached accessory dwelling unit. This is regulated within Sec. 38.360.040. of the Bozeman Municipal Code and would require a text amendment to change the size limitations. Affordability and Short Term Rentals: The City of Bozeman does not have any mechanisms to enforce any affordability provisions for these units. The intent of the proposal is to provide an alternative to address the minimum density requirement for the subject property. Additionally, short term rentals are allowed within this area which can be either Type 1 or Type 2 which denote that the principal structure must be owner occupied. Individual property owners must meet the provisions within Sec. 38.360.260. in order to pursue this option and receive approval from the Community Development Department regarding licensing. Wetlands: A general concern regarding the wetlands within the area was expressed by the Board. The overall Parklands at the Village Downtown Subdivision accounted for the displacement of any wetlands on the subject property through the purchase of wetland credits through a wetland bank in the Madison Valley as well as wetland delineation, review and approval of applicable application materials. An individual Clean Water Act 404 permit was requested and approval for the changes has been granted by the US Army Corps of Engineers. A 401 permit was obtained 444 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 17 of 27 from the Montanan Department of Environmental Quality also in the platting process of the overall Parklands at the Village Downtown Subdivision. The majority of the subdivision is located in uplands and has been previously disturbed over the years. Any floodplain and wetland impacts have occurred within the existing Front Street ROW pertaining to the construction of the street which is allowable by the BMC. Overall, this proposed subdivision will have minimal impacts on the natural environment. A floodplain permit is required for any disturbance occurring within the floodplain, if applicable. The Community Development Board proceedings may be viewed here with general discussion beginning at 24:35, staff presentation beginning at 25:40, Board discussion beginning at 39:31, applicant presentation beginning at 47:48, public comment period beginning at 57:00, and the Board’s further discussion and vote beginning at 101:00. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. Water/Sewer – Adequate water and sewer capacity exists to serve the eight lots created by this subdivision as these services were provided during construction internal to the site for the overall Parklands at Village Downtown Subdivision. Per code requirement 4, if cash-in-lieu of water rights must be provided prior to final plat approval. Irrigation for open spaces/park is required and was previously accounted for in the overall Parklands at Village Downtown Subdivision. Landscaping and irrigation was financially guaranteed during the final plat through an Improvements Agreement for the overall subdivision. Utilities – Utilities to serve the eight lots were previously established during the subdivision process for the overall Parklands at Village Downtown Subdivision. These private utilities were installed underground. The City standards requires a minimum of 10’ utility easements in the front yards in conformance with Sec. 38.410.060 of the BMC. Streets – All public rights-of-ways (ROW) to serve this subdivision were dedicated with the overall Parklands at the Village Downtown Subdivision and have been constructed. Audubon Way is a 30-foot alley ROW that will serve the eight proposed lots in Block 1 and the existing 9- lots in Block 2. Audubon Way is privately maintained by the Property Owners Association (P.O.A.) that serves the overall subdivision. All maintenance is already provided by the City of 445 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 18 of 27 Bozeman for the existing public streets adjacent to the subject property (Village Downtown Boulevard). Access to the site will be provided from North Broadway Avenue to Village Downtown Boulevard and through the new Audubon Way, from where the residents will access their driveways. North Broadway Avenue is classified as a collector street and Village Downtown Boulevard is classified as a local street. In 2003, a Traffic Impact Study (TIS) was previously prepared for original Village Downtown Subdivision. Based on this TIS and ITE trip generation, the proposed lots will generate less than 100 peak- hour trips, and, therefore a revised TIS is not required with this subdivision. There is an existing 10’ asphalt trail which connects the Village Downtown Blvd ROW through the Front Street ROW and the newly built 60’ wide linear park to the southeast of these lots. A new 6’ wide gravel trail runs adjacent to the subject property and back to the Village Downtown Blvd to provide a trail network that surrounds the overall subdivision entirely. The roundabout at the end of Village Downtown Blvd was expanded during the overall Parklands at the Village Downtown Subdivision platting process and serves as a traffic calming measure for local vehicular activity in the neighborhood. Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this subject property. This subdivision does not impact the City’ ability to provide emergency services to the subject property. The necessary addresses will be provided to enable 911 response to individual homes prior to recording of the final plat. Fire protection standards require the installation for fire hydrants at designated spacing which was previously established during the overall Parklands at the Village Downtown Subdivision processing. Audubon Way will provide adequate circulation for fire engines and other emergency vehicles. Stormwater - Stormwater within the subdivision will be conveyed via surface gutter flow to curb inlets to then be piped underground through storm drain piping to a stormwater detention pond located to the north of the lots in Common Open Space A. All stormwater infrastructure has been previously installed during the overall Parklands at the Village Downtown Subdivision platting process which accounted for the future development of these proposed lots. Parklands – The overall Parklands at the Village Downtown Subdivision accounted for the dedication of land to meet its park mitigation requirement and a final park plan. The 60’ wide linear park is located to the southeast of these lots and meets the requirements of the BMC. Natural Environment –The overall Parklands at the Village Downtown Subdivision accounted for the displacement of any wetlands on the subject property through the purchase of wetland credits through a wetland bank in the Madison Valley as well as wetland delineation, review and approval of applicable application materials. An individual Clean Water Act 404 permit was requested and approval for the changes has been granted by the US Army Corps of Engineers. A 446 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 19 of 27 401 permit was obtained from the Montanan Department of Environmental Quality also in the platting process of the overall Parklands at the Village Downtown Subdivision. The majority of the subdivision is located in uplands and has been previously disturbed over the years. Any floodplain and wetland impacts have occurred within the existing Front Street ROW pertaining to the construction of the street which is allowable by the BMC. Overall, this proposed subdivision will have minimal impacts on the natural environment. A floodplain permit is required for any disturbance occurring within the floodplain, if applicable. Wildlife and Wildlife Habitat – Impacts to wildlife and wildlife habitat were accounted for in the overall Parklands at the Village Downtown Subdivision. The existing linear park to serve the subdivision will also act as a buffer to any further wildlife impacts. There are no known endangered or threatened species located on the subject property. Public Health and Safety – The intent and purpose of the regulations within Chapter 38 of the BMC are to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Code provisions deemed necessary to ensure compliance are noted throughout this staff report, and were previously denoted within the approval of the overall Parklands at the Village Downtown Subdivision platting process. All subdivisions must be reviewed against the criteria listed in 76- 3-608.3.b-d, Montana Code Annotated. The project area is subject to a high water table. High groundwater can be overcome for utility installation with proper techniques. However, the ongoing impacts on individual homes can be substantial if groundwater enters crawl spaces or basements. Use of sump pumps in private homes often contributes to excessive flows into sewer or storm drainage systems which reduces their designed effectiveness. Once constructed, it is very difficult to retrofit homes to remove crawl spaces or basements. Therefore, the general notes on the Conditions of Approval Sheet of the preliminary plat prohibits crawl spaces and full basements. This will remove the need for sump pumps, illicit discharges of water into the storm drainage systems, and reduce impact on nearby wetlands. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements, which were established during the overall Parklands at the Village Downtown Subdivision platting process. Code requirement No. 3, requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are located within dedicated street right of ways and within easements located on the proposed lots. 447 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 20 of 27 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each lot within the subdivision. All of the proposed lots will have frontage on a public street and a private alley constructed to City standards with lot frontage meeting minimum standards as shown on the preliminary plat. 38.220.060 Documentation of compliance with adopted standards The Development Review Committee (DRC) completed a subdivision pre-application plan review on May 19, 2021 and no variances were requested. The applicant requested and was granted waivers for Surface Water, Floodplains, Groundwater, Geology, Soils, Slopes, Vegetation, Wildlife, Historical Features (no longer required per the Legislative Session Subdivision Amendment Changes), Agriculture, Agricultural Water User Facilities, Educational Facilities (no longer required per the Legislative Session Subdivision Amendment Changes), Land Use, Parks & Recreation Facilities, Neighborhood Center Plan, Utilities, Miscellaneous, Affordable Housing, and Lighting Plan. These requirements were previously satisfied during the submittal of the Preliminary Plat for the overall Parklands at the Village Downtown Subdivision and were therefore granted waivers by staff. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water This subdivision will not significantly impact surface water which are near the subject property but not within the proposed area to be platted. Therefore, minimal impacts to surface waters are identified. There are no natural or artificial water systems running through or affecting the property. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.2 - Floodplains A floodplain has been identified lying to the eastern side of the subdivision within the Front Street ROW. This ROW will be developed as an alley which has a narrower width than the standard street design requirements and will therefore have less of an impact on the floodplain. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.3 - Groundwater The groundwater in this area is height due to nearby wetlands and elevation of the area having minimal differentiation. A condition of approval on the overall Parklands at the Village Downtown Subdivision will restrict the construction of basements and crawl spaces. This has been included as a general note on the conditions of approval sheet of this proposed plat. The applicant requested a waiver of this supplemental information which was granted. 448 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 21 of 27 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. The soil present is Blackmore Silt Loam which was identified during the overall Parklands at the Village Downtown Subdivision platting process. With proper engineering and architectural design, any limitation on use of this soil type can be overcome. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.5 - Vegetation Lain fallow has been identified on the subject property with it’s presence for over a decade. Most of the vegetation on the subject property is grass with clusters of trees near the subject property boundaries. The wetlands present on the site have been or will be removed as denoted in the primary review criteria through appropriate permitting and mitigation efforts by the applicant. Noxious weeds are present and a weed management plan has been submitted to the Gallatin County Weed District and approved. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.6 - Wildlife See discussion in the primary review criteria above. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.8 - Agricultural Water User Facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are present on the lots. No water body alterations are proposed. The applicant requested a waiver of this supplemental information which was granted. 449 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 22 of 27 38.220.060.A.9 - Water and Sewer See discussion in the primary review criteria above. 38.220.060.A.10 - Stormwater Management See discussion in the primary review criteria above. 38.220.060.A.11 - Streets, Roads and Alleys See discussion in the primary review criteria above. 38.220.060.A.12 – Non-Municipal Utilities See discussion in the primary review criteria above. 38.220.060.A.13 - Land Use The subject property is zoned R-4, High Density Residential District and the use proposed is exclusively residential. Please refer to Appendix A for more information. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.14 - Parks and Recreation Facilities See discussion in the primary review criteria above. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.15 - Neighborhood Center Plan A neighborhood center or plan is not required per Sec. 38.410.020.A. of the BMC. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.16 - Lighting Plan All street lights installed are in conformance with the City’s specification requirements which were previously accounted for during the overall subdivision platting process for the Parklands at the Village Downtown which included the creation of a special improvements lighting district (SILD). The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.17 - Miscellaneous No additional impacts or hazards have been identified or are anticipated based on the analysis contained in this report. The applicant requested a waiver of this supplemental information which was granted. 38.220.060.A.19 - Affordable Housing This application does not rely on incentives authorized in 38.380. Therefore, no analysis is required. The applicant requested a waiver of this supplemental information which was granted. 450 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 23 of 27 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-4, Residential High Density District. The intent of the R-4 residential high density district is to provide for the development of high-density residential development through a variety of housing types within the city with associated service functions. This purposed is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi- household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. The subject property is designated as 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. This proposed subdivision is well-suited to implement the Urban Neighborhood by providing lots that will support a variety of housing types including single household units and accessory dwelling units (ADUs) in an existing developed residential area that is predominantly detached single-household units. Lot 1, Block 1 was previously denoted for multi-household development, however, the applicant changed the intent of the development during this preliminary plat process. R-4 has a minimum density requirement of eight dwellings per net acre. Based on the acreage of the overall Lot 1, Block 1, 9.60 dwellings (rounded to 10) would be required in order to meet the minimum density requirements. In support of providing more housing options, ADUs have been accounted for within the minimum density requirements which will provide for eight single-household dwellings and eight accessory dwelling units, one per lot. A general note is included in the condition of approval sheet regarding the construction of the ADUs in order to ensure that these units are built. The proposed subdivision is also located in a central area with relatively quick access to a variety of goods and services. 451 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 24 of 27 Adopted Growth Policy Designation: Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (See below for the Table) 452 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 25 of 27 The growth policy encourages development to be walkable, which is defined in the glossary as: Walkable. A walkable area has: • A center, whether it’s a main street or a public space. • People: Enough people for businesses to flourish and for public transit to run frequently. • Parks and public space: Functional and pleasant public places to gather and play. • Pedestrian design: Buildings are close to the street, parking lots are relegated to the back. • Schools and workplaces: Close enough that walking to and from home to these destinations is realistic. • Complete streets: Streets designed for bicyclists, pedestrians, and transit. With the complexity of features needed to create a walkable environment, no one site is likely to provide all the needed elements. The additional density will help provide for element two with potential for additional persons in the area. The subdivision has a newly construction 60’ wide linear park which provided for element three. Pedestrian design, element four, and complete streets, element 5 are also accounted for with the design of the single household dwelling units to orientate to Village Downtown Boulevard with driveways along the alley access on Audubon Way and Front Street. Complete streets are promoted through sidewalk and trail access along the Village Downtown Boulevard with connections throughout the subdivision, existing trail system and linear park. The site has a Walk Score of 53, a Transit score of 24, and a Bike Score of 63. Average walk score for the city as a whole is 47 out of 100. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. This site is an infill development, surrounded by existing residential uses with complimentary uses such as schools, parks, grocery stores, and employment opportunities within a relatively short distance. There are no adopted development standards relating to the walk score. The proposed development is has it’s own linear park with connections to the Northside/Village Trail. Lindley Park is approximately 0.30 miles from the proposed subdivision, which provides a variety of recreational opportunities from an extension trail system, picnic opportunities, and a playground. The closest grocery store is the Heebs Fresh Market (now Town and Country East Main) which is roughly 0.40 miles from the proposed development. The two closest schools are the Hawthorne Elementary School and Whittier School which are both within a half-mile to a mile, respectively, from the proposed development. The Streamline Purpleline has a stop on East Main St. near Lindley Park which is rough 0.30 miles away from the proposed development. 453 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 26 of 27 There are also a variety of commercial, retail, and office uses along East Main Street, a relatively short distance from the proposed development which may provide employment opportunities nearby. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1.4 Promote development of accessory dwelling units (ADUs) N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. M-1.11 Prioritize and construct key sidewalk connections and enhancements. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the applicant and owner, Mike Delaney, 101 E. Main Street, Suite D., Bozeman, MT 59715 who is represented by Drew Kirsch, C&H Engineering & Surveying, Inc., 1091 Stoneridge Dr., Bozeman, MT 59718. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the close of the City Commission public hearing per BMC 38.220.420, The City scheduled public notice for this application on February 3, 2022 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, February 6 and Sunday, February 13, 2022. The applicant posted public notice on the subject property on February 7, 2022. The applicant and/or representative sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on February 7, 2022. No written public comments have been received at the time this report was compiled. A commenter spoke at the February 7, 2022 Community Development Board public meeting. Please see pages 13-16 for staff’s analysis of the comment as well as further information regarding the Board’s discussion. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Mike Delaney, 101 E. Main Street, Suite D., Bozeman, MT 59715 Applicant: Mike Delaney, 101 E. Main Street, Suite D., Bozeman, MT 59715 Representative: Drew Kirsch, C&H Engineering & Surveying, Inc., 1091 Stoneridge Dr., Bozeman, MT 59718 Report By: Nakeisha Lyon, AICP, Associate Planner Staff Engineer: Karl Johnson, PE, Project Engineer 454 21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat Page 27 of 27 FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #21419, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive, the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=232508&cr=1 This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-419 Public Comment: https://weblink.bozeman.net/WebLink/Browse.aspx?id=229372&dbid=0&repo=BOZEMAN 455 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager for Housing and Development Chris Saunders, Community Development Manager Jeff Mihelich, City Manager SUBJECT:Community Housing Unified Development Code Incentives for Affordability MEETING DATE:March 1, 2022 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Direction to Staff 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:Please see the attached staff memorandum. UNRESOLVED ISSUES:Please see the attached staff memorandum. ALTERNATIVES:Please see the attached staff memorandum. FISCAL EFFECTS:There are no fiscal effects related to this work session. Attachments: Commission_Memo_for_Work_Session_on_3-01-22.pdf Root_Policy_Research_AHO_Feasibility_memo_revised_2021- 12-03.pdf Bozeman Revised UDC AH Assessment Transmittal 122321.2.pdf Bozeman Code Audit UDC Affordable Housing Assessment PRD Dec 2021.pdf Short Term Code Immediate Follow Up List 20220222 (1).pdf Report compiled on: February 22, 2022 456 Memorandum REPORT TO: City Commission FROM: David Fine, Economic Development Manager, Housing and Development Chris Saunders, Community Development Manager Jeff Mihelich, City Manager SUBJECT: Housing Affordability Work Session MEETING DATE: March 1, 2022 AGENDA ITEM TYPE: Policy Discussion RECOMMENDATION: Direction to Staff Introduction Housing affordability is a long-standing issue for Bozeman and many other communities. As early as 1972, Bozeman’s community planning documents identified a policy focus to pursue improvement of housing availability and affordability. The City of Bozeman evaluated and implemented many different approaches over the years with limited success compared to the need. The current work for discussion on March 1, 2022 continues the City’s efforts and commitment to practical and achievable actions, within the City’s control, to support creation of housing and specifically housing at lower price points. The issue remains very challenging. As shown in attached materials, the challenges have become more and not less difficult due to many circumstances in the past few years. The tools available to Bozeman are limited, especially compared with the scope of the challenges. The suggested actions will not solve all the issues; however, they represent important tools to advance incremental progress. Market Conditions Price escalation fundamentally changed Bozeman’s housing market. These increases, brought about by market forces, have altered what kinds of housing the market can produce and at what level of affordability. Affordability, in this case, is defined as a housing unit that devotes 1/3 or less of household’s income to housing. Housing professionals describe housing affordability in relation to area median income (AMI) for a household as defined by the U.S. Department of Housing and Urban Development (HUD) for a given household size. Economic and Planning Systems (EPS) analyzed the Bozeman housing market and showed what incomes would be necessary for Bozeman homes to affordable, given recent price escalation of single-household homes. 457 The chart above shows how the affordability of a single-household home has changed between 2016 and 2021. Such a home now requires a household to earn 219% of the area median income for such a home to be deemed affordable. Given these costs, it is unlikely that housing units can be provided affordably without incentive or subsidy. One Valley Community Foundation and Future West recently attempted to quantify the subsidy required to produce affordable units of housing and defined that subsidy as a “capital gap”. 458 One Valley’s analysis, completed in the spring of 2021, showed that to produce an affordable rental unit for household making 80% AMI would require $23,333 in subsidy. A townhome with affordable purchase price for a household making 100% AMI would require nearly $100,000 in subsidy. These examples are illustrative of the challenge to create affordable housing units in the Bozeman market. These capital gaps for developers can be filled with both monetary incentives /subsidies to produce affordability, or by reducing other development costs. Reductions in development costs could include reducing the cost of land per unit, by decreasing lot sizes, increasing building height, or reducing the amount of valuable land devoted to parking. In this way, changing what is allowable under the code can act as an indirect incentive to make affordable housing production more feasible. Data-Based Approach to Feasible Housing Affordability The City of Bozeman engaged Clarion Associates and their sub-consultant, Root Policy Research, a firm specializing in housing economics, to propose changes to the unified development code (UDC) to incentivize the production of community housing units. A key way to evaluate any incentive is to apply a “but for” test: The incentive must enhance the feasibility of providing affordable housing units that would not be financially feasible “but for” the application of the incentive. The team developed prototype proformas of for-sale and rental housing types from single household detached housing units 459 to multi-household units based on regional housing prototypes and costs, market data and interviews. These proformas create base case scenarios for evaluating the financial feasibility of affordable housing production within existing code. The consultants modeled the following base case scenarios: • 3-story rental residential with standard parking requirements (2.0 spaces for a 2- bedroom unit); • 3-story multifamily condo development with standard parking requirements (2.0 spaces for a 2-bedroom unit) • For-Sale townhomes with a 3,000 square foot lot size • Single-household units with a 4,000 square foot lot size The UDC currently allows for these base case scenarios in applicable zoning districts, where townhomes and multifamily, respectively, are currently allowed. The consultants applied code incentives to these base case scenarios to see how the incentives change the feasibility of providing affordable housing units. These incentives constitute a bonus on what is currently allowed by the code. The proposed code changes include the following incentives: • Reduced lot size requirements • Reduced parking requirements • Height Bonuses The consultants adjusted the base case scenarios by allowing smaller lot sizes, increased building heights, and/or parking reductions in exchange for the inclusion of income-restricted, affordable, units in the development. They evaluated the impact of these bonuses on project feasibility and projected the percentage of affordable housing units these incentives would facilitate that would likely not exist “but for” the incentive. 460 Shallow Affordability Incentives Clarion found that incentives that would ordinarily enhance affordability had only modest impact in the Bozeman market. Yet, long-term affordable housing units remain community assets and every unit counts. The consultants found that the application of height, lot size, and parking incentives would feasibly produce between 1.5% affordability, and 13% affordability, depending on the housing type. Based on these projects Staff and Clarion are recommending the following Shallow Incentives: These Shallow Incentives would allow the market to produce long-term affordability with a range of housing unit types without the provision of cash or another subsidy. Deep Affordability Incentives Clarion recommended larger code-based incentives for developments that produced affordability well- beyond what the market would could produce with code-based incentives alone. These projects, like GMD’s Arrowleaf and Perennial Park low-income housing tax credit (LIHTC - “Li-Tech”) development and the Bridger View development near Story Mill Park, produced affordability in 50% or more of their units by harnessing federal monetary subsidy, social impact investing, and private philanthropy. In exchange for this depth of affordability, Staff and Clarion recommend the following Deep Incentives: 461 Given the massive public and private incentives required to produce deep affordability, Staff believes providing more significant incentives appropriate, and likely necessary to make more projects like these possible. Policy Context 1. Four high level principles informed the effort to reset affordable housing related standards and incentives and consider overall enhancement of creation of homes: • Follow state law to Replace Inclusionary Zoning. House Bill 259, passed by the 2021 Montana Legislature, barred the use of the City’s compulsory affordable housing provisions. This affected several subdivisions and removed obligations for them to construct price limited housing. It also made the existing procedures and standards unworkable. The City needs to reset the affordable housing process to an incentive- based program. • Administrative review of applications. The public review process requires time and investment by both the public and private participants. Application of adopted standards can usually be more expeditiously and consistently applied through administrative review procedures. Administrative procedures provide for public comment and awareness but provide a less time-consuming review process. Most land development reviews in Bozeman are administrative, additional options for administrative review were investigated. Some types of review are required by law to be approved by the City Commission such as annexations and subdivisions. Align incentives/benefits to functional and practical areas consistent with actual construction. Offered incentives which don’t provide sufficient benefit to a developer are ineffective and do not result in construction of additional housing. Since the City can only use incentives to encourage additional housing production it is necessary that the incentives be practical and balanced with the amount of housing sought. • Identify duplicative or overlapping standards. Land development is a complex process. There are many issues which must be addressed. Over time, standards are adopted to respond to public concerns. Sometimes, those standards either overlap or provide only a small margin of improvements. Identifying these situations enables either removal of duplicate standards or better coordination to simplify use of the code. Recommended Changes to the Unified Development Code (UDC) Clarion created four distinct but related work products. These will be further described during the March 1st work session. The first three items of this work are not yet in final format. The recommendations continue to undergo legal review and changes are expected as the recommendations are put into ordinance format, related sections are identified that need to be revised to be consistent with recommendations, and Commission direction is incorporated. Departures Departures are an existing tool used to allow alternative compliance with adopted standards. It is difficult to imagine every possible outcome for a standard when applied to specific properties. Departures allow for minor adjustments consistent with the purpose of a standard and integrate within 462 existing review processes to “smooth the edges” while retaining the integrity of the standards. Clarion is suggesting some modest departures to provide flexibility that can allow market rate developments to be completed more affordably, within the spirit of the existing code standards. Examples of departures could include marginal flexibility related to setbacks, building height, lot coverage, parking, and private open space requirements. Application of these new departures will primarily be administrative. Replace the Affordable Housing Ordinance Replace Division 38.380, Affordable Housing – This portion of the municipal code required subdividers to construct a certain percentage of housing at limited prices. The Montana Legislature has revised the law to prohibit use of this approach. The section has been rebuilt entirely to be an incentive based voluntary participation option. It remains focused on encouraging construction of price limited housing. The new language proposes a two- tiered approach aligned with shallow (market) and deep subsidy options. The shallow subsidies tier is tied to the analysis and assumptions in the work by Root Policy (see attached materials). The deep subsidy option is generally based on the guidelines applicable to Low Income Housing Tax Credits, the primary funding source for the majority of long- term price limited housing construction. Use of the deep subsidy option is not limited to Low Income Housing Tax Credits. Application of these incentives and housing construction does not change the development review process and may be either Commission or Administrative action. Planned Unit Development (PUD) Planned Unit Development (PUD)is an existing process which allows a developer to propose substantially different standards in exchange for public benefits as outlined in the municipal code, 38.430. The text governing the PUD process is proposed to be entirely replaced with an increased focus on housing affordability, sustainability, and historic preservation. The option to provide public benefit through open space is removed. This revision changes the PUD process to a rezoning action rather than a use within an existing district as is the current method. This brings PUD approval into the zone map amendment process which requires the City Commission to be the final approval body. The proposed revision adds steps and time to the overall process but provides intermediate approvals for a developer which increases some certainty for the project and requires less up-front detail with initial submittal. Follow up applications are required to move to construction approvals. The follow up applications (e.g. subdivisions or site plans) may be approved by Commission or administratively depending on application type. The existing process has been rebuilt to a tighter focus on current community priorities. General Code Review This process is a more overarching review examining Chapter 38, Unified Development Code. This chapter is the primary municipal code regulating development and use of land and covers many concepts and concerns. The City regularly examines and updates its regulatory structure. This work is a continuation of that practice and focuses on support of the longer-term revisions project the City Commission has funded. The RFQ for the longer-term project issued on February 20th and is expected to be completed by end of 2024. Reviewing the recommendations, Staff has identified some rapid action items that could be quickly implemented prior to completion of the larger project should the Commission so direct. See the attached summary file of options. 463 Next Steps What comes next in this municipal code amendment process? • Ordinances must address a single subject. Given the discrete elements of the three recommendations for Departures, Affordable Housing, and Planned Unit Development staff suggests preparation and review of three ordinances for implementation. Depending on the degree of modifications directed by the Commission and needed response to legal review the following schedule for formal review is anticipated but not assured and the schedule may need to be revised. March 1 – City Commission Work Session March 2 – Economic Vitality Board Work Session March 2-20 Ordinances completed to reflect Commission direction March 20 – Public notice published in Bozeman Daily Chronicle Notice for text amendment March 20 - April 3 – Public education and staff reports April 4 – Community Development Board public hearing April 6 – Economic Vitality Board Recommendations April 26 – City Commission public hearing and potential provisional adoption May 10 – City Commission potential final adoption - Effective Date 30 days after final adoption • Short term action list – Possibility of preparing additional ordinances for quick response to address issues identified with the general code review and related elements identified by staff. Expected timeline to start public review is in approximately 2 months with completion of review and Commission decision within 6 months. This work would fit into the Staff time allocation set aside for the April semi-annual code amendment process. A list of potential subjects is attached. • The larger UDC update project will continue to move forward. The RFQ has been issued and the consultant selection process to support the work will follow. Commission Questions and Direction 1. Does the Commission wish for the new Departures mechanism to proceed? 2. Does the Commission find the two-tier incentive structure and associated housing price limits acceptable? 3. Does the Commission want to advance the revised Planned Unit Development process and alternative community benefits approach? 4. Does the Commission wish the Staff to proceed with the recommended amendments in the short-term action list as the April 2022 bi-annual amendments? 464 Background on Affordable Housing Efforts The current project is a continuation of a long series of efforts in support of affordable housing. The City works hard to leverage opportunities and partnerships that can help carry forward housing production and especially housing for the least advantaged. These efforts include but are not limited to: • Regular analysis of housing needs and creation of housing action plans to identify tools and options for housing, most recently the Community Housing Action Plan in 2020. • Direct financial support from general funds for multiple affordable housing projects. • Financial support for education and down payment assistance. • Welcoming new annexations and infill development to provide land for housing • Flexible zoning districts that allow for a wide range of housing combinations • Of-right reviews of most development to provide certainty to the public and development communities • Many code revisions over the past 20 years, including in 2021, such as but not limited to capping maximum park dedication requirements, removing minimum home sizes from zoning, allowing accessory dwellings in all residential zoning districts, substantially reduced land area per home requirements, reduced and flexible parking requirements, administrative review of most development types, increased building heights, and expedited review processing for affordable housing projects. • Infrastructure (e.g. streets, water, and sewer) planning and construction support to avoid delays in being able to bring homes to production and be cost effective in installation and operation of essential services. Challenges Beyond the City’s Control Although the City has pursued and will continue to pursue many methods to support housing availability and affordability there are substantial challenges. While Staff is hopeful City policy can make a difference, it is prudent to recognize those factors beyond the City’s control, so that the hard work of the community can be focused where it can have the greatest impact. The following factors are beyond the City’s control and likely have a greater impact on affordability than many of these proposed code changes. Nothing in the proposed amendments will: • Lower the price at which someone will sell land • Cause more people to be willing to bring land to market and annex • Require people to use development capacity authorized to create more housing • Address labor force availability or supply chain delays and costs • Raise wages so that people have greater capacity to pursue housing • Address personal lending qualifications or terms offered by lenders such as interest rates • Lessen Federal and State requirements for land development which are substantial cost factors, such as standards for water quality permitting and treatment • Change personal preferences for housing • Increase water availability in our arid climate • Alter private covenants which add restrictions to development that add cost or otherwise limit the development capacity of annexed property 465 Attachments: • Root Policy Research Memorandum – Incentive Testing • Clarion Associates Code Audit Transmittal Memo • Clarion Associates Code Audit • Short Term Code Edits for Affordability 466 MEMORANDUM To: Bozeman AHO Project Team From: Root Policy Research Re: Incentive Testing – Preliminary Results Date : November 3, 2021; revised December 3, 2021 The City of Bozeman’s existing Affordable Housing Ordinance (AHO) reflects an inclusionary zoning system which is no longer permissible (due to recent state legislation) and only applied to owner occupied development. Root Policy Research is currently working in partnership with Clarion Associates to help the City revise the AHO: 1. To reflect an incentive-based system (as opposed to a mandatory inclusionary system); and 2. Broaden the application of the AHO to rental developments in addition to for- sale (owner-occupied) developments. In order to calibrate the incentive options, Root developed a financial feasibility model which tests various incentives on a variety of rental and for-sale development prototypes. Feasibility Model Financial feasibility models are based on development proformas typically used in the real estate industry to determine whether a project is financially feasible. A proforma is comprised of a development budget (construction and other costs associated with building development); an estimate of income as units are sold or rented; and an estimate of project value based on project income at stabilization and the estimated value of the entire development at sale. The feasibility model starts with base case scenarios that reflect current development conditions under Bozeman’s existing zoning code:  3-story rental residential with standard parking requirements (2.0 spaces for a 2- bedroom unit);  3-story multifamily condo development with standard parking requirements (2.0 spaces for a 2-bedroom unit);  For-Sale townhomes with a 3,000 square foot lot size; and  Single-household units with a 4,000 square foot lot size. 467 Page 2 Root then adjusted the base case scenarios by allowing smaller lot sizes, increased building heights, and/or parking reductions in exchange for the inclusion of income- restricted units in the development. Root then compared the returns to developers/investors on the base case to returns on incentive case developments. Improved returns suggest the incentive package is favorable to developers and a viable option to incentivize creation of affordable units. Development prototypes and costs are consistent with the construction prototypes and costs described the Gallatin County Regional Housing Study but also include some adjustments by Root based on market conditions and input from local development professionals. Affordability requirements evaluate two income targeting scenarios: 1) AMIs consistent with the Bozeman Community Housing Action Plan’s recommendations for the AHO: 80% AMI for rental; 100% Ami for condos; and 120% AMI for single household units; and 2) Higher AMI targets which prioritize breadth of affordable unit creation over depth of affordability—in other words AMI targets on the upper bound of need in order to maximize the percentage requirement. In setting final targets for the AHO, the City should consider feasibility, housing needs, and policy goals. Feasibility Results The feasibility analysis does indicate that incentives in exchange for affordability are viable on paper; however, interviews with developers indicate that there may not be widespread market support for the height and/or density needed to make the incentives work. Multi -unit rental residential. Figure 1 shows the feasibility model proforma for the baseline 3-story prototype along with prototypes of increasing height paired with parking reductions and affordability requirements. In the figure, green shading highlights the incentive package; red shading highlights the affordability requirement, and incentive viability is indicated by an increase in return on cost and annual net cash flow. The model shows that increasing the entitlement height supports an affordability requirement of up to 5% of units affordable to 80% AMI households, when paired with a parking reduction (down to 1.0 spaces per unit). However, the incentive does not improve with additional height—in other words, a 1- story bonus (leading to a 4-story development) supports the same affordability requirement as a much larger density bonus (up to 12 stories). This is due to the increasing building costs of higher-story development types. 468 Page 3 Though not shown in the figure, the same incentive package (additional height paired with a parking reduction) could also support a higher percentage of units affordable to higher AMIs or a lower percentage of units affordable to deeper levels of AMI including 8% of units affordable to 100% AMI or 3% of units affordable to 60% AMI. Figure 1. Feasibility of Incentives for Multi -Unit Rental Prototype Source: Root Policy Research with data from Gallatin County Regional Housing Study 2021 and interviews with developers. Baseline 3-Story 4-Story 5-Story 6-Story 12-Story Multi-Unit Multi-Unit Multi-Unit Multi-Unit Multi-Unit Prototype/Incentive Description Bldg Height or Density 3 stories 4 stories 5 stories 6 stories 12 stories Lot size per unit 1,452 990 495 403 272 Affordable unit requirement 0%5%5%5%5% AMI target n/a 80% AMI 80% AMI 80% AMI 80% AMI Site and Prototype Characteristics Parcel Size (acres)1.00 1.25 1.25 1.25 1.25 Density (DU/acre)30.00 42.00 88.00 108.00 160.00 Building SF (excl. parking for M-U)28,000 51,944 103,889 127,500 177,778 Efficiency 95%90%90%90%90% Parking Ratio 2.0/unit 1.0/unit 1.0/unit 1.0/unit 0.5/unit Parking Type 100% surface 100% surface50% sur / 50% str50% sur / 50% str25% ug/ 75% str Total Units 30 55 110 135 200 Income Restricted Units 0 3 6 7 10 Avg SF per unit (2 Bedroom)850 850 850 850 800 Development Costs Land Costs 1,524,600$ 1,905,750$ 1,905,750$ 1,905,750$ 1,905,750$ Infrastructure and Site Cost 1,392,000$ 2,589,278$ 4,217,583$ 5,214,375$ 5,594,627.75$ Construction Cost 6,960,000$ 12,946,389$ 28,117,222$ 34,762,500$ 55,946,277$ Soft Costs 1,392,000$ 2,589,278$ 5,623,444$ 6,952,500$ 11,189,255$ Contingency (5% of hard+soft costs)487,200$ 906,247$ 1,897,913$ 2,346,469$ 3,636,508$ Construction financing cost 509,855$ 948,388$ 1,986,165$ 2,455,580$ 3,805,606$ Total Development Cost 12,265,655$ 21,885,329$ 43,748,078$ 53,637,173$ 82,078,024$ Total Development Cost per Unit 408,855$ 397,915$ 397,710$ 397,312$ 410,390$ % change in cost per unit from baseline -2.7%-2.7%-2.8%0.4% Revenues and Operating Expenses Rental/Sales Revenue Market-Rate Rent (per unit /mo)2,730$ 2,730$ 2,730$ 2,730$ 2,867$ Income Restricted Rent (per unit /mo)-$ 1,630$ 1,630$ 1,630$ 1,630$ Operating/Sales Expenses Operating Costs (annual)72,000$ 132,000$ 264,000$ 324,000$ 504,000$ Property tax 23,670$ 43,395$ 86,790$ 106,515$ 157,800$ Net Operating Income / Sales Revenue 838,028$ 1,501,897$ 3,003,794$ 3,686,475$ 5,733,115$ Valuation Detail Project Value (NOI/Cap Rate)16,760,570$ 30,037,941$ 60,075,881$ 73,729,491$ 114,662,299$ Annual debt service on long-term financin 500,840$ 893,637$ 1,786,351$ 2,190,149$ 3,351,466$ Annual Net Cash Flow (after debt service 337,189$ 608,260$ 1,217,443$ 1,496,325$ 2,381,649$ Return on Cost 6.8%6.9%6.9%6.9%7.0% MULTI-UNIT RENTAL Bonus Variations 469 Page 4 Though the incentives modeled above do improve returns for developers, Root’s interviews with local developers indicate that there may be perceived market barriers and/or developer preferences that could prevent widespread adoption. Many developers prefer a 3-story development type because it does not require elevators, internal corridors, or structured parking—it also reflects a known commodity which minimizes risk. Further height increases also introduce new construction techniques (e.g., 5-story requires 4-story stick over 1 story of podium) that may not be desirable for all developers. Though developers largely expressed a desire for flexible parking requirements, actual parking ratios are also driven by perceived market demand. Multi -unit owner residential (condos). Root also modeled multifamily structures developed for owner-occupied units (i.e., condos). Note that although the heights are the same as the rental residential model, condos typically have higher development costs due to differing insurance requirements, size of unit, and finish level. At the target affordability level of 100% AMI, a height bonus of 1 to 2 stories, coupled with a parking requirement reduction down to 1.0 spaces per unit could feasibly garner 2%-3% of units designated as income restricted. Figure 2 shows the condo proformas. In the figure, green shading highlights the incentive package; red shading highlights the affordability requirement, and incentive viability is indicated by an increase in return on cost and project margin. Similar to the rental residential analysis, interviews with developers indicate there may be limited interest in the height bonus, except in downtown Bozeman. 470 Page 5 Figure 2. Feasibility of Incentives for Multi -Unit For -Sale (Condo) Prototype Source: Root Policy Research with data from Gallatin County Regional Housing Study 2021 and interviews with developers. Townhome and single unit for -sale residential. A similar analysis was conducted for lower-density for-sale products in which the incentive was a reduction in lot size. Figure 3 shows the feasibility results of the specified lot size reductions paired with affordability requirements (at 100% AMI for townhomes and 120% AMI for single household units). In the figure, green shading highlights the incentive package; red shading highlights the affordability requirement, and incentive viability is indicated by an increase in return on cost and project margin. Baseline 3 Story 4-Story 5-Story Condos Condo Condo Prototype/Incentive Description Bldg Height or Density 3 stories 4 stories 5 stories Lot size per unit 1,556 1,047 514 Affordable unit requirement 0%2%3% AMI target n/a 100% AMI 100% AMI Site and Prototype Characteristics Parcel Size (acres)1.00 1.25 1.25 Density (DU/acre)28.0 42.0 84.8 Building SF (excl. parking for M-U)28,000 53,444 108,944 Efficiency 95%90%90% Parking Ratio 2.0/unit 1.0/unit 1.0/unit Parking Type 100% surface 100% surface% sur / 50% str Total Units 28 52 106 Income Restricted Units 0 1 3 Avg SF per unit (2 Bedroom)925 925 925 Development Costs Land Costs 1,524,600$ 1,905,750$ 1,905,750$ Infrastructure and Site Cost 1,550,080$ 2,974,631$ 4,885,717$ Construction Cost 7,750,400$ 14,873,156$ 32,571,444$ Soft Costs 1,550,080$ 2,974,631$ 6,514,289$ Contingency (5% of hard+soft costs)542,528$ 1,041,121$ 2,198,573$ Construction financing cost 567,756$ 1,089,533$ 2,300,806$ Total Development Cost 13,485,444$ 24,858,822$ 50,376,579$ Total Development Cost per Unit 481,623$ 478,054$ 475,251$ % change in cost per unit from baseline -0.7%-1.3% Revenues and Operating Expenses Rental/Sales Revenue Sale Price Market Rate (per unit)550,000$ 550,000$ 550,000$ Income Restricted Sale Price (per unit)-$ 338,200$ 338,200$ Sales Revenue 15,400,000$ 28,379,728$ 57,626,476$ Valuation Detail Cost of sale/marketing (2% of rev)308,000$ 567,595$ 1,152,530$ Project Margin 1,606,556$ 2,953,312$ 6,097,368$ Return on Cost 11.9%11.9%12.1% Condos Bonus Variations 471 Page 6 Figure 3. Feasibility of Incentives for Single -Unit For -Sale Prototypes Source: Root Policy Research with data from Gallatin County Regional Housing Study 2021 and interviews with developers. For townhomes, a lot size reduction from 3,000 square feet to 2,200 square feet allows for an affordability requirement of 5% of units affordable to 100% AMI. If lot size is further reduced to 1,800 square feet, the affordability requirement can increase to 7% of units (affordable to 100% of AMI) and still provide a more favorable return to developers. At 120% AMI, the same incentives could support an affordable requirement 9% of units with a 2,200 square foot lot or 13% of units on an 1,800 square foot lot. For single-household units, however, incentives yield lower feasible affordability requirements. A lot size reduction from 4,000 square feet to 3,000 square feet only allows for an affordability requirement of 1.5% of units affordable to 120% AMI. Increasing the target affordability level to 150% AMI allows for a 2% unit requirement. Baseline Baseline Townhome Townhome Townhome Single-HH Single-HH Single-HH 17 du/a 20 du/a 24 du/a 6 du/a 15 du/a 22 du/a Prototype/Incentive Description Dwelling Units per Acre 15 du/a 20 du/a 24 du/a 11 du/a 15 du/a 22 du/a Lot size per unit 3,000 2,200 1,800 4,000 3,000 2,000 Affordable unit requirement 0%5%7%0%1.5%1.5% AMI target n/a 100% AMI 100% AMI n/a 120% AMI 120% AMI Site and Prototype Characteristics Parcel Size (acres)6.89 5.05 4.13 9.18 6.89 4.59 Building SF 120,000 120,000 120,000 190,000 190,000 190,000 Total Units 100 100 100 100 100 100 Income Restricted Units 0 5 7 0 2 2 Avg SF per unit 1,000 1,000 1,000 1,500 1,500 1,500 Development Costs Land Costs 7,500,000$ 5,500,000$ 4,500,000$ 9,200,000$ 6,900,000$ 4,600,000$ Infrastructure and Site Cost 7,700,000$ 7,700,000$ 7,700,000$ 12,487,500$ 11,812,500$ 11,812,500$ Construction Cost 22,000,000$ 22,000,000$ 22,000,000$ 33,750,000$ 33,750,000$ 33,750,000$ Soft Costs 3,300,000$ 3,300,000$ 3,300,000$ 5,737,500$ 5,737,500$ 5,737,500$ Contingency (5% of hard+soft costs)1,650,000$ 1,650,000$ 1,650,000$ 2,598,750$ 2,565,000$ 2,565,000$ Construction financing cost 975,975$ 975,975$ 975,975$ 1,537,161$ 1,517,198$ 1,517,198$ Total Development Cost 43,125,975$ 41,125,975$ 40,125,975$ 65,310,911$ 62,282,198$ 59,982,198$ Total Development Cost per Unit 431,260$ 411,260$ 401,260$ 653,109$ 622,822$ 599,822$ % change in cost per unit from baseline -5%-7%-5%-8% Revenues and Operating Expenses Rental/Sales Revenue Sale Price Market Rate (per unit)510,000$ 496,400$ 487,375$ 785,248$ 755,802$ 718,011$ Income Restricted Sale Price (per un -$ 338,200$ 338,200$ -$ 405,850$ 405,850$ Sales Revenue 51,000,000$ 48,849,000$ 47,693,233$ 78,524,837$ 75,055,228$ 71,332,905$ Valuation Detail Cost of sale/marketing (2% of rev)1,020,000$ 976,980$ 953,865$ 1,570,497$ 1,501,105$ 1,426,658$ Project Margin 6,854,025$ 6,746,045$ 6,613,393$ 11,643,429$ 11,271,926$ 9,924,050$ Return on Cost 15.9%16.4%16.5%17.8%18.1%16.5% TOWNHOME SINGLE-UNIT Bonus Variations Bonus Variations 472 Page 7 A further reduction to 2,000 square foot lots actually lowers returns (due to the declining market-rate price associated with a smaller lot) and therefor does not offer a viable incentive. In interviews, local developers did express some concern with moving toward lot sizes below 2,500 square feet based on challenges with utility/infrastructure configuration, design standards, and market demand. Small home analysis. For the above analysis, the home size was held constant, even as lot size diminished: 1,000 square feet for townhomes and 1,500 square feet for single household units. Root also conducted a sensitivity analysis to evaluate whether smaller home construction could lead to naturally affordable development. Though construction costs do decrease, many other costs remain (land, infrastructure, soft costs, etc.) remain similar to townhome or single-household unit development. As shown in Figure 4, the total development cost per unit is $378,000 for a 600 square foot home on a 4,000 square foot lot and $355,000 per unit for a 600 square foot home on a 3,000 square foot. In order to maintain expected project returns, the homes would need to sell for about $450,000 - $460,000. Figure 4 . Proforma Analysis for Small Home Development Source: Root Policy Research with data from Gallatin County Regional Housing Study 2021 and interviews with developers. Single-HH Home Single-HH Home 6 du/a 15 du/a Prototype/Incentive Description Bldg Height or Density 11 du/a 15 du/a Lot size per unit 4,000 3,000 Site and Prototype Characteristics Parcel Size (acres)9.18 6.89 Total Units 100 100 Avg SF per unit 600 600 Development Costs Land Costs 9,200,000$ 6,900,000$ Infrastructure and Site Cost 8,228,000$ 8,228,000$ Construction Cost 14,960,000$ 14,960,000$ Soft Costs 3,291,200$ 3,291,200$ Contingency (5% of hard+soft costs)1,323,960$ 1,323,960$ Construction financing cost 783,122$ 783,122$ Total Development Cost 37,786,282$ 35,486,282$ Total Development Cost per Unit 377,863$ 354,863$ Revenues and Operating Expenses Market Price (per unit) required to maintain return 459,440$ 442,211$ Sales Revenue 45,943,956$ 44,221,058$ Valuation Detail Cost of sale/marketing (2% of rev)918,879$ 884,421$ Project Margin 7,238,795$ 7,850,354$ Return on Cost 19.2%22.1% SINGLE-UNIT SMALL 473 Page 8 Conclusions The feasibility analysis shows the following incentive packages and affordability requirements to be viable on paper, meaning they improve developer returns as measured by return on cost, annual net cash flow, and/or project margin. Figur e 5. Summary of Incentive Viability Source: Root Policy Research. Despite the viability of the above incentives “on paper,” some developers were skeptical that there is market demand for higher buildings and smaller lot sizes. In other words, current developers seem relatively content with existing entitlements. As such, incentive adoption may be low among existing market-rate developers in Bozeman. It is also noted that the City likely hoped incentive packages would yield a greater proportion of affordable units than is modeled in the feasibility analysis. Based on these conclusions, Root recommends the following tiered approach for the City’s AHO: 1. Include incentives (based on the feasibility analysis) for market-rate developers to include a small proportion of affordable units in their development. However, the City should expect relatively low adoption of such incentives, under current market conditions. The City should also continue to evaluate and calibrate incentives, particularly following code revisions that are currently in process. As noted previously, the AHO incentive packages should consider feasibility, housing needs, and policy goals. 2. Develop additional incentives for affordable housing developers whose projects are 75%-100% affordable (i.e., LIHTC developers, land trusts, HUD-funded housing, Habitat for Humanity, etc.) in order to make the development of workforce housing easier and faster for those who specialize in such housing. at Target AMIs at Higher AMIs 3-Story Rental Residential 1-3 Story height bonus (4-6 story building) and parking reduction to 1.0 spaces per unit 5% of units at 80% AMI 8% of units at 100% AMI 3-Story Condo (Owner Residential) 1-3 Story height bonus (4-6 story building) and parking reduction to 1.0 spaces per unit 2%-3% of units at 100% AMI 4% of units at 120% AMI Lot size reduction to 2,200 SF lot 5% of units at 100% AMI 9% of units at 120% AMI Lot size reduction to 1,800 SF lot 7% of units at 100% AMI 13% of units at 120% AMI Single-Household Unit on 4,000 SF lot Lot size reduction to 3,000 SF lot 1.5% of units at 120% AMI 2% of units at 150% AMI Townhome on 3,000 SF lot Incentive PackageBaseline prototype Feasible Affordability Requirement 474 Page 9 These incentives should be based on interviews with affordable developers to understand the unique barriers their projects face as opposed to a market- driven feasibility analysis. Preliminary suggestions from affordable developer interviews include the following:  Streamline process and allow for by-right development (without requiring a PUD process) for smaller/narrower lots, higher heights, etc. and associated exemptions (e.g., smaller lot size allowance should also trigger automatic setback reduction);  Adjust engineering standards (e.g., road widths);  Infrastructure subsidies or provision; and  Impact fee rebates (or other direct subsidies). 475 To: Marty Matsen, Bozeman Community Development Department From: Don Elliott, Clarion Associates Date: December 23, 2021 RE: Bozeman UDC Affordable Housing Assessment Public Outreach and Comment Summary A revised version of the Bozeman Unified Development Code Affordable Housing Assessment prepared by Clarion Associates, Groundprint, and Root Policy Research has now been delivered to the Bozeman. This memo summarizes public outreach on the Assessment, changes made to the document as a result of those public comments, and next steps in the UDC update process. 1. Public Outreach The public review draft of the UDC Affordable Housing Assessment was completed in late August 2021 and posted to the Bozeman Community Housing webpage (www.bozeman.net/housingcode) for public review and comment. In addition to the City’s website, public outreach meetings were publicized through email notifications, NextDoor, the InterNeighborhood Council (INC) email distribution list, and the City’s social media accounts. The Affordable Housing Assessment was also covered in the Bozeman Daily Chronicle and mentioned in local blog posts of the Bozeman Real Estate Group and Knoff Group Real Estate. The City invited the submission of comments in two ways: (1) through written comments submitted through the City’s website, by email, or in person to the Bozeman Planning Department; and (2) through participation in one or more public engagement meetings that were held through September and October, including: • Community Affordable Housing Advisory Board (CAHAB) • Inter-Neighborhood Council (INC) (two meetings) • Neighborhoods and General Public Meeting • Development Committee • Joint Planning Board and Zoning Commission The public engagement meetings were recorded and either the meeting recording or the presentation during that meeting was made available for later review on the Community Housing webpage, along with links to submit public comment that are still open. 2. Public Comments During and after the public outreach and comment phase, Bozeman Community Development staff and the consultant team received detailed questions and comments about the Affordable Housing Assessment. Most of the comments focused on: 476 Bozeman UDC Affordable Housing Assessment | Community Outreach Summary 2 • Clarifications to the Assessment content or how the UDC is interpreted; • Requests for additional detail about the recommendations; and • Suggestions for consideration of additional UDC revisions. The consultant team grouped the comments received into 18 different topics. The three most common comments were to (1) promote smaller homes, (2) preserve existing homes and neighborhoods, and (3) adjust the dimensional standards (addressing how big housing can be, how far it needs to be set back from streets and neighbors, and how much of the lot it can cover). A second tier of frequent comments supported (4) simplifying the development approval process or adding staff to expedite approvals, (5) allowing more flexibility and incentives, (6) promoting more Accessory Dwelling Units, (7) revising engineering standards (which are generally not in the UDC), and (8) changing parkland dedication requirements (which are generally the topic of separate studies and analysis completed independently of a UDC update). The consultant team reviewed and discussed with staff all of the comments received for content and consistency with the scope of the Assessment project. Targeted revisions were made to the Affordable Housing Assessment where those revisions could be useful to the general understanding and implementation of the Assessment, or to correct misstatements as to how the current UDC is interpreted and applied. The changes to the Assessment did not include: • Some of the requests for more detailed recommendations (because those issues will need to be resolved during drafting phase of the UDC update process); • Suggestions for changes to activities outside of the UDC (such as development fee calculations or collection methods); or • Placing special emphasis on specific changes preferred by individual commenters, where the consultant team did not think the particular issue was more important than currently reflected in the Assessment. 3. Next Steps We understand that the City intends to present the revised Assessment to the Development Review Board and the City Commission for review and comment, and then include the Assessment with other background documents, housing studies, and information distributed with a Request for Proposals to update the UDC in early 2022. We understand that the Assessment will become part of the information that should inform bidders who want to be considered for the full UDC update work, but that bidders will not be required to commit to making all of the changes listed in the Assessment. Instead, they will be free to propose refinements or alternatives to some of the specific recommendations in their responses to the RFP and during the UDC update process itself. We would be happy to answer questions about the information in this memo, the Assessment, or related materials. 477 Unified Development Code Affordable Housing Assessment PUBLIC REVIEW DRAFT | DECEMBER 2021 478 479 Bozeman UDC Affordable Housing Assessment | Contents Executive Summary ............................................................................................................................1 Introduction ......................................................................................................................................2 Implementing the Bozeman Community Plan 2020 ................................................................................. 2 Scope of this Affordable Housing Assessment.......................................................................................... 3 Understanding Local Housing Demand ..................................................................................................... 3 Equity and Community.............................................................................................................................. 4 Organization of this Code Assessment ..................................................................................................... 4 Public Outreach ......................................................................................................................................... 4 Bozeman’s Growth Policy and Planning Documents ................................................................................ 5 Bozeman’s Current Zoning ...................................................................................................................... 10 Zoning District Distribution ..................................................................................................................... 12 Outcome 1: Create More Housing ..................................................................................................... 14 Overview ................................................................................................................................................. 14 Changes to Allow More Housing in Existing Districts ............................................................................. 16 Changes to Form and Intensity Standards .............................................................................................. 23 Update Use-Specific Standards to Reduce Barriers to Innovative Housing ............................................ 30 Revise Project Design Standards ............................................................................................................. 36 Covenants and Homeowners Associations ............................................................................................. 42 Outcome 2: Preserve Existing Affordable Housing ............................................................................. 43 Discourage Redevelopment of Naturally Occurring Affordable Housing ............................................... 43 Outcome 3: Make Development Standards More Predictable ........................................................... 46 Provide More User-Friendly Explanations .............................................................................................. 46 General Provisions (Art. 1) ...................................................................................................................... 47 Zoning Districts and Land Uses (Art. 3) ................................................................................................... 47 Community Design (Art. 4)...................................................................................................................... 49 Project Design (Art. 5) ............................................................................................................................. 51 Natural Resource Protection (Art. 6) ...................................................................................................... 51 Definitions, Terms, and Measurements (Art. 7) ..................................................................................... 51 Outcome 4: Rethink the Housing Review Process .............................................................................. 53 Reconsider Required Detail of Housing Application Requirements ....................................................... 53 Clarify Uncertainty in the Application of Subjective Standards .............................................................. 55 Creating an Expedited Zoning Review Process for Housing Projects ...................................................... 55 480 Bozeman UDC Affordable Housing Assessment | Managing What Is Measured .................................................................................................................. 56 Outcome 5: Revise the Zoning Map .................................................................................................. 58 Overview ................................................................................................................................................. 58 Growth Policy and CHAP Guidance ......................................................................................................... 58 Housing-Supportive Rezoning Locational Criteria .................................................................................. 59 Create New Zoning Districts to Reflect Range of Bozeman Neighborhoods .......................................... 60 Next Steps ....................................................................................................................................... 61 481 Bozeman UDC Affordable Housing Assessment | 1 EXECUTIVE SUMMARY The purpose of this Bozeman Affordable Housing Assessment is to identify changes that the City could make to the Unified Development Code (UDC), zoning map, and development review processes to remove regulatory barriers to the creation of affordable housing. The recommendations in this Assessment are intended to support the implementation of the Bozeman Community Plan 2020 and the Bozeman Community Housing Action Plan. Prior to creating an initial draft of this Assessment, Bozeman’s Planning Department and the project consultant team participated in a series of public outreach events with City boards, the professional development community, and the general public. A second round of community-based outreach will be undertaken to gather more feedback about the specific recommendations provided in this Assessment. The UDC Affordable Housing Assessment is focused around five sets of recommendations: Create More Housing There are regulations included in the current use tables, form and intensity standards, and project design standards that create barriers to the creation of more housing. Adjustments to the types of housing permitted in zoning districts, combined with adjustments to required lot areas and maximum building heights, would open up opportunities for the creation of a moderate amount of increased housing in existing neighborhoods and allow the construction of more housing at different densities in new development areas. Preserve Existing Affordable Housing It is not possible for Bozeman to try to “build” itself out of the current affordable housing problem through new construction alone. Instead, the City needs to also consider preserving its existing stock of affordable housing, much of which may continue to be available at lower sales prices and rents than the new “affordable” housing that might replace it. Make Development Standards More Predictable The UDC is a complex legal document that includes numerous standards intended for application across various different project types. Some of these standards are subjective and repetitive, and can be revised and updated for clarity and predictability, particularly as they apply to new development, redevelopment, and infill housing projects. Rethink the Housing Review Process Bozeman can also revise the UDC to reduce the time, expense, and unpredictability of the housing development application and review process by reducing the amount of detail required for initial or preliminary applications, expanding the use of administrative review, expediting of code interpretations, and using a “maximum extent practicable” standard for development approval. Revise the Zoning Map Finally, there are rezoning actions the City can take that would implement the Community Plan and the Community Housing Action Plan and encourage the creation of more housing in Bozeman. The dates and details about opportunities to participate in the next round of community outreach process to comment on this Affordable Housing Assessment are described at the end of this document. 482 Bozeman UDC Affordable Housing Assessment |2 INTRODUCTION Implementing the Bozeman Community Plan 2020 The purpose of this Bozeman Unified Development Code Affordable Housing Assessment is to identify potential changes that can be made in the City’s regulatory standards and processes to enhance opportunities to provide and protect affordable housing. This report explores how policy is interpreted into standards and processes in the Unified Development Code (UDC). One of the roles of the UDC is to implement relevant plans with affordable housing objectives, including the Bozeman Community Plan 2020 (BCP2020) and the Bozeman Community Housing Action Plan (CHAP). This is done through: (1) the creation or amendment of development standards (e.g., lot dimensions, permitted uses, required design elements), and (2) the application of housing policies in the review of site and structure design during the application process. These two regulatory roles frequently work hand-in-hand, and this Assessment recommends changes to both. The UDC is also influenced by factors such as community preferences, existing neighborhood character, infrastructure design, applicable life safety code requirements in the building code and fire code, and climate (particularly the impact of Montana winters and summer drought and fires). Bozeman has been focused on encouraging the creation of more housing for some years. Many code edits that would be considered preliminary changes in other communities have already been made in Bozeman. These revisions are reflected in the current UDC, specifically in Section 38.380, Affordable Housing, and, perhaps more importantly, across the body of the text. Those changes include past reductions in minimum lot sizes and setbacks, allowing Accessory Dwelling Units (ADUs) in all zoning districts, and making many types of development applications subject to administrative approval, rather than requiring a public hearing before an appointed or elected body. If basic zoning provisions are considered to be Version 1.0, Bozeman’s past efforts to promote affordable housing through code changes can be thought of as Version 2.0. The intent of this Assessment is to help Bozeman identify the next set of updates -- Affordable Housing Amendments Version 3.0. The AH 3.0 edits will reflect an additional round of more nuanced changes that can further promote construction and preservation of affordable housing opportunities over time. Often, different aspects of these regulations and processes will need to be combined for specific projects, and applied with flexibility and creativity to accommodate the types of housing developments that the community is ready to see. This report focuses on the UDC as one of the multiple considerations that impact the overall affordability of housing. Removing regulatory barriers does not ensure that more affordable housing will be created, or that more permanently affordable housing will be created, but can represent a set of incremental changes that, cumulatively, can improve both housing availability and affordability. 483 Bozeman UDC Affordable Housing Assessment |3 Scope of this Affordable Housing Assessment It is important to acknowledge that there are myriad issues outside of the UDC that have both direct and indirect impacts on cost of housing, including conditions or requirements attached to development approvals, fees, cost of land, cost of materials, COVID-impacted supply chains, and the current labor market. These challenges and impediments, along with the City’s strategies to address them, are discussed in greater detail in the Bozeman Community Housing Action Plan (CHAP, available on the City’s website). The full Affordable Housing Code Audit project has been divided into four parts, each of which takes a different look at how Bozeman regulates for housing. It is intended to work in conjunction with: (1) suggested edits to the current Planned Unit Development regulations, (2) proposed revisions to the Affordable Housing Ordinance (AHO) in light of recent statutory changes approved by the Montana State Legislature, and (3) a proposed list of new Departures for Affordability to be added to Title 38. Those three sets of recommendations for changes to the Unified Development Code will be made available on the Bozeman City website and are not repeated in this Assessment. This document focuses specifically on UDC changes that would promote housing affordability. There are many other improvements that could be made to the UDC that would improve user-friendliness, predictability, efficiency, and implementation of Community Plan goals. Unless those changes would impact housing affordability, they have not been mentioned in this Assessment. Understanding Local Housing Demand The Bozeman Community Housing Action Plan (CHAP) was approved by the City Commission in 2019 and updated in early 2020. The CHAP includes this definition of community housing: Homes that those who live and/or work in Bozeman can afford to purchase or rent. This includes apartments, townhomes, condominiums, emergency shelters, accessory dwelling units, mobile homes and single-family homes – all dwelling types – serving the entire spectrum of housing needs The 2019 City of Bozeman Community Housing Needs Assessment, referenced in the CHAP, identified a need for between 5,400 and 6,340 housing units over the next five years to address the City’s current housing shortfall. Within this shortfall, there is significant demand for units priced below market rate. While increasing the supply of housing will not, by itself, guarantee that housing becomes more affordable, it is very unlikely affordability can be improved without an increase in housing supply. Increased supply allows Bozeman residents more opportunities to move to different units that better suit their needs in both existing neighborhoods and new development. This Assessment makes use of Bozeman’s distinction between small “a” affordable housing, generally defined as housing at price points that are within range to many in the community but are not restricted for sale or rental by households below a defined income level, and capital “A” 484 Bozeman UDC Affordable Housing Assessment |4 Affordable housing, defined as housing that is restricted for sale or rental by households below defined income levels. Equity and Community The Bozeman Community Plan 2020 makes clear that although Bozeman is very focused on improving the affordability of housing, it remains thoroughly committed to the quality of buildings, neighborhoods, and life for all of its residents. Additionally, in the Bozeman Strategic Plan (2018), Section 4.2, “High Quality Urban Approach,” for example, clarifies that the City will “[c]ontinue to support high-quality planning, ranging from building to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected parks and trails, and walkable neighborhoods.” These plans reflect Bozeman’s desire that all citizens be able to experience the benefits of these good planning practices. There should be no visible distinction between the quality of planning, connectivity, open space, or building design between the approved development plans for more and less affordable parts of the city. This commitment to equity is both laudable and important. Across the U.S., households with fewer choices are often denied full integration into a community’s quality of life, and that denial often has disproportionate impacts on households that are lower income and/or headed by persons of color, women, and those experiencing disability. As a practical matter, one of the most effective ways to ensure equitable access to the City’s enviable quality of life is to ensure that new opportunities for more affordable housing are not geographically isolated or focused in a particular area, but are instead spread throughout Bozeman and served by the same types of public spaces and services provided to other Bozeman residents. In the pages that follow, we have focused our recommendations on those changes that could promote the production and preservation of both capital “A” and small “a” affordable housing in ways that do not result in lower levels of design, open space, livability, or neighborhood quality for those many Bozeman residents who will be occupying that additional affordable housing. Organization of this Code Assessment Land development codes cover myriad topics, and there are many possible ways to organize recommendations for change. Because the structure of the current Bozeman Unified Development Code reflects the many layers of land development regulation in the City, and because many scattered regulations may contribute to a single housing barrier, we have not organized these recommendations to correspond to individual sections of the UDC. Instead, we have organized them into the following five “outcomes” reflecting major strategies to promote housing affordability:  Create More Housing  Preserve Existing Affordable Housing  Make Development Standards More Predictable  Rethink the Housing Review Process  Revise the Zoning Map Public Outreach This project started with an initial round of public and stakeholder engagement, conducted between April 28 and May 12, 2021. City staff and the consultant team held a series of virtual (due to the COVID-19 pandemic) meetings with representatives of the Bozeman Community Affordable Housing Advisory Board (CAHAB), the building and design community, the Zoning Commission, and the Planning Board. On May 3, 485 Bozeman UDC Affordable Housing Assessment |5 2021, the City staff and consultant team also held a virtual meeting to introduce the project and solicit questions and opinions from the general public and neighborhoods. Two of those four meetings involved online survey questions that were designed to help understand the participants’ priorities and preferences among the difficult choices involved in promoting affordable housing. Not surprisingly, this initial round of meetings resulted in a very wide variety of opinions about what types of housing should be prioritized, where they should be encouraged, and what potential impacts of affordable housing might need to be mitigated. Before and during these outreach efforts, the consultant team also referenced a detailed survey of public opinion on housing concerns and preferences that was conducted as part of the Community Plan drafting and review process. There will be additional outreach and engagement to review draft recommendations in Tasks 2 and 3, and the final Code Audit report recommendations in Task 4. Bozeman’s Growth Policy and Planning Documents Community Plan Housing Goals The Bozeman Community Plan 2020 identifies the City’s preferred land use and community-building themes, goals, and objectives that will be applicable to public and private development decisions over the next 20 years. The BCP2020 is relevant to this Affordable Housing Assessment because: (1) zoning and subdivision regulations must be consistent with the Plan, and (2) the Plan’s Themes, Goals, and Objectives provide policy guidance leading to the development of the future vision of Bozeman identified by the 486 Bozeman UDC Affordable Housing Assessment |6 community during that recent planning effort. In a regulatory assessment, the policy information in the Community Plan is used three ways: a. To guide recommendations for specific edits and updates to the Unified Development Code and Zoning Map, b. To fill in regulatory gaps and omissions where the current regulations do not adequately address a topic, and c. As part of the review of the permits and procedures section, by checking to ensure that the application review processes implement key City development priorities. The Community Plan is organized around five topics: 1. Basics, 2. Themes, 3. Future Land Use, 4. Implementation, and 5. Amendments + Review. Housing affordability is addressed across all aspects of the Plan, starting in Section 1. Basics, where housing affordability is identified as a basic planning precept: HOUSING AFFORDABILITY (Bozeman Community Plan 2020 pg. 21) Housing affordability is a critical issue for the community and has been an ongoing concern since it was identified as an issue in the 1972 community master plan. Housing instability and homelessness are public health issues and are exacerbated by the rapid rise in housing prices. The positive attributes that make Bozeman a desirable place to live contributed to ever-increasing housing demand. Comparatively low wages have not increased at the same rate as housing costs. Home price increase exceeding wage increase is a national trend. The sale price of homes has more than fully recovered from the 2008 recession for all housing types. The median sale price of homes, including single-households, townhomes, and condominiums, has increased 90% since 2012. This is an average increase of almost 12% per year. According to the most recent Bozeman Housing Needs Assessment, an estimated 5,405 to 6,340 housing units for residents and employees are needed by 2025, or an average of about 770 to 905 units per year. This figure includes housing for employees, units needed to open up the current tight rental and ownership markets, provides choice to households, housing for employees filling jobs vacated by retirees, workers filling new jobs, plus related non-employee citizen housing needs. Bozeman has taken the issue of housing seriously. It developed a housing needs assessment in 2019, hired a Community Housing Program Manager, and released the Community Housing Action Plan (CHAP) in October 2019. The CHAP was updated in April 2020. The availability of affordable housing, whether for rent or for purchase, is one of Bozeman’s most serious problems, as demonstrated by both the 2018 EPS Study and the CHAP. Mitigating this shortage is a top priority of the Bozeman City Commission, the Planning Board, and the Community Development Department, in conjunction with local and regional authorities. The three top action items in the Community Affordable Housing Action Plan are: 487 Bozeman UDC Affordable Housing Assessment |7  Ensuring community housing serves the full range of incomes without losing sight of safety net programs for extremely low income and homeless families. This includes safety net rentals below 30% AMI (about $20,000 per year), additional resident and employee rentals up to 80% AMI (about $55,000 per year), and ownership housing up to 150% AMI (about $104,000 per year).  Producing community housing at a rate that exceeds, or at least matches, job growth so that new employees can find homes.  Striving to produce community housing at a rate that matches the spectrum of community housing needs, while also preserving what we have through a target of no net loss of existing community housing stock below 80% AMI. Together, these three priorities reinforce that Bozeman is focused on both production and preservation of affordable housing, and on both capital “A” (income restricted) and small “a” forms of affordable housing. To address these goals, the CHAP identifies 19 priority action strategies to be evaluated implemented over the next five years. Zoning and land use regulations are among those local regulations that directly influence the cost of housing and the achievement of the CHAP goals. This Plan supports housing regulations that allow for a range of housing types intermixed with one another, denser development, and efficiencies of various types that can help reduce housing costs while not jeopardizing public safety and other community priorities. More housing, in a variety of type, size, and cost, is needed at prices that residents can afford. This will provide choices, the ability to move as life circumstances change, allows employers to fill jobs, recruit, and retain employees, supports businesses, and supports citizen and student growth. Bozeman Community Plan 2020 Section 2, Themes identifies the City’s desired outcomes, organized by Theme, Goal, and Objectives. The provision of affordable housing is woven into four of the Community Plan’s seven Themes as specific objectives and actions, including the following: THEME 2 | A CITY OF UNIQUE NEIGHBORHOODS Goal N-1: Support well-planned, walkable neighborhoods. N-1.1 Promote housing diversity, including missing-middle housing. N-1.2 Increase required minimum densities in residential neighborhoods. N-1.3 Revise the zoning map to lessen areas exclusively zoned for a single-housing type. N-1.4 Promote development of accessory dwelling units (ADUs). N-1.11 Enable a gradual and predictable increase in density in developed areas over time. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. Goal N-3: Promote a diverse supply of quality housing units. N-3.1 Establish standards for provisions of diversity of housing types in a given area. N-3.2 Review zoning districts to assess the range of housing types in each district. N-3.3 Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets. 488 Bozeman UDC Affordable Housing Assessment |8 N-3.4 Require development of affordable housing through coordination of funding for affordable housing and infrastructure. N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary to City land development policies or climate action plan goals. N-3.6 Include adequate residentially-designated areas for anticipated future housing in the future land use map. N-3.7 Support compact neighborhoods, small lot sizes, and small floor plans, especially through mechanisms such as density bonuses. N-3.8 Promote the development of "Missing Middle" housing (side by side or stacked duplex, triplex, live-work, cottage housing, group living, rowhouses/ townhouses, etc.) as one of the most critical components of affordable housing. N-3.9 Ensure an adequate supply of appropriately designated land to accommodate Low Income Housing Tax Credit development in qualifying census tracts. Goal N-4: Continue to encourage Bozeman’s sense of place. N-4.3 Revise Design Guidelines within the Conservation Overlay District to distinguish Downtown from the residential neighborhoods, to encourage neighborhoods and neighborhoods near transition areas, both north and south of Downtown. THEME 3 | A CITY BOLSTERED BY DOWNTOWN AND COMPLEMENTARY DISTRICTS Goal DCD-1: Support urban development within the City. DCD-1.1 Evaluate alternatives for more intensive development in proximity to high visibility corners, services, and parks. DCD-1.2 Remove regulatory barriers to infill. DCD-1.4 Update the Unified Development Code (UDC) to reflect density increases or minimums within key districts. Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. DCD-2.1 Coordinate infrastructure development, land use development, and other City actions and priorities through community planning. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. DCD-2.3 Review and update minimum development intensity requirements in residential and nonresidential zoning districts. DCD-2.4 Evaluate revisions to maximum building height limits in all zoning districts to account for contemporary building methods and building code changes. DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. 489 Bozeman UDC Affordable Housing Assessment |9 DCD-2.8 Revise the zoning ordinance, reducing the number of zoning districts to be more consistent with the designated land use classifications, to simplify the development process, and support affordability objectives of the plan. DCD-2.9 Evaluate increasing the number of stories allowed in centers of employment and activity while also directing height transitions down to adjacent neighborhoods. Goal DCD-3: Ensure multimodal connectivity within the City. DCD-3.5 Encourage increased development intensity in commercial centers and near major employers. DCD-3.6 Evaluate parking requirements and methods of providing parking as part of the overall transportation system for and between districts. Goal DCD-4: Implement a regulatory environment that supports the Community Plan goals. DCD-4.4 Differentiate between development and redevelopment. Allow relaxations of code provisions for developed parcels to allow redevelopment to the full potential of their zoning district. THEME 5 | A CITY THAT PRIORITIZES ACCESSIBILITY AND MOBILITY CHOICES Goal M-1: Ensure multimodal accessibility. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. M-1.12 Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere, acknowledging that demand for parking will still result in new supply being built. THEME 6 | A CITY POWERED BY ITS CREATIVE, INNOVATIVE, AND ENTREPRENEURIAL ECONOMY Goal EE-1: Promote the continued development of Bozeman as an innovative and thriving economic center. EE-1.4 Support employee retention and attraction efforts by encouraging continued development of affordable housing in close proximity to large employers. Additional plans, reports, and City website information relevant to this UDC Affordable Housing Assessment are available on the City of Bozeman website. 490 Bozeman UDC Affordable Housing Assessment |10 Bozeman’s Current Zoning Bozeman currently has 19 zoning districts, grouped and distributed generally as follows: Primary Use Zoning Districts Total Current Acreage Percent of Zoned Property Residential R-S Residential Suburban 957.8 7.1 R-1 Residential Low Density 1852.8 13.8 R-2 Residential Moderate Density 816.2 6.1 R-3 Residential Medium Density 2077.7 15.5 R-4 Residential High Density 884.9 6.6 RMH Residential Manufactured Home 123.1 0.0 Residential-Emphasis Mixed-Use R-5 Residential Mixed-Use High Density 116.2 0.9 R-O Residential Office 488.3 3.6 REMU Residential Emphasis Mixed-Use 386.1 2.9 Commercial-Emphasis Mixed-Use NEHMU Northeast Historic Mixed-Use 962.2 7.2 B-1 Neighborhood Business 72.6 0.5 B-2 Community Business 1345.8 10.0 B-2M Community Business Mixed 185.9 1.4 B-3 Downtown Business 151.2 1.1 UMU Urban Mixed-Use 38.1 0.3 Industrial M-1 Light Manufacturing 572.8 4.3 M-2 Manufacturing and Industrial 39.9 0.3 B-P Business Park 240.1 1.8 Public/Institutional (MSU) Public Lands and Institutional 2090.1 15.6 These zoning districts have been created over time to reflect community needs and development preferences. However, they can be changed as needed through a public process established by Montana statute. State law grants local governments broad authority to create the number and type of zoning districts the community finds appropriate to achieve its planning goals. Montana statutes do not mandate the creation of specific types of districts, including districts restricted to single household detached dwellings. Residential Districts (Sec. 38.300.100) This description of the current zoning districts is provided for general informational purposes only. More information about the purposes and standards for each zoning district is available in the UDC. a. Residential Only Bozeman’s six residential districts allow the development of a range of housing types at densities based on the purpose of the district. Residential low density (R-1), for example is intended to provide single-household residential development and development is limited (generally) to single-household dwellings. The Residential High Density (R-4) district allows the most dense development, including three- and four-household dwellings, townhouses, and apartments (as well as some associated offices). These districts account for almost 50% of the City’s current zoning. 491 Bozeman UDC Affordable Housing Assessment |11 b. Residential Mixed-Use Bozeman has three districts that are primarily residential but allow some mixed-use development, meaning some non-residential development is allowed to be included a neighborhood: Residential Mixed-Use High Density (R-5), Residential Office (R-O), and Residential Emphasis Mixed-Use (REMU). The development of higher density residential housing, such as townhouses and apartments, is permitted in all of these districts. Commercial/Mixed-Use Districts (Sec. 38.300.110) Bozeman’s role as the regional employment center for southwestern Montana is reflected in the current range of commercial and mixed-use districts and the distribution of use of these districts across the city. All of the UDC’s commercial districts (Neighborhood Business (B-1), Community Business (B-2), Community Business Mixed (B2-M), Downtown Business (B-3), Urban Mixed-Use (UMU), and Northeast Historic Mixed-Use (NEHMU)) allow a mix of housing in addition to commercial uses. In the present zoning district line-up, the UDC does not have any commercial-only districts, which is helpful when considering housing development options. Industrial Districts (Sec. 38.300.120) Typically, industrial zoning districts would not be the subject of much analysis in an affordable housing assessment. In Bozeman, however, accessory residential apartments are permitted as an upper floor use in the Light Manufacturing (M-1) and Manufacturing and Industrial (M-2) districts. Public Lands and Institutional District (38.300.130) The Montana State University campus is zoned Public and Institutional Lands (PLI), and so are the schools that serve Bozeman residents and students from surrounding areas. This district does not figure prominently in the housing-related analysis of this assessment, but the City could consider steps to encourage the adaptive reuse of vacant or obsolete school structures as housing. 492 Bozeman UDC Affordable Housing Assessment |12 Zoning District Distribution The City is currently zoned predominately residential, as shown in gold in the Bozeman 2020 Zoning by District table. The distribution of residential and residential/mixed-use districts by acreage is shown on the bottom left and the commercial/mixed-use distribution is shown on the bottom right. The type, mix, and location of the current zoning districts all play a role in determining whether and how housing projects are designed and approved. The zoning map on the next page reflects how these districts are distributed across the City. 493 Bozeman UDC Affordable Housing Assessment |13 494 Bozeman UDC Affordable Housing Assessment |14 OUTCOME 1: CREATE MORE HOUSING Overview The 2019 Community Housing Needs Assessment report estimates that Bozeman needs an additional 4,000 housing units over the next 3-4 years to start closing the gap between demand and availability and the related gap between availability and price. This estimate may have changed when considering the increased demand for housing seen in 2020 and associated with the onset of the COVID-19 pandemic. While additional housing supply is not the only change needed to improve affordability, it is very difficult to see how affordability can improve without additional supply being part of the solution. One important strategy to open the door to new housing starts is to lower existing barriers to the type and number of units that can be built across all price points, allowing for homeowner and renter movement across a wider range of new and existing homes. New housing can be built on vacant land (typically referred to as new development); individual vacant lots (typically referred to as infill development), and on lots that already have older or vacant structures or improvements (typically referred to as redevelopment). There is often an initial assumption that changes to residential densities will take place with when new lands are annexed and zoned for development, new annexations into the City within the past 10 years have indeed typically been zoned for higher density development (often equivalent to the R-3 zoning district or higher). One critical constraint on the construction of new units in Bozeman, however, is the limited availability of vacant land within the City for new and infill development. Currently, 57 percent of all land area within city limits is zoned for either residential use or residential mixed-use districts, such as R-O and REMU. “More than 50% zoned residential!” sounds like significant opportunity for more housing development, but the reality is that there is very little development-ready vacant land remaining. The 2020 Land Development Inventory Report identifies only 5% percent of land within Bozeman that is undeveloped and zoned to accommodate residential development. This low number is further reduced when the current owners of vacant land are uninterested in developing that land, because the City cannot force unwilling property owners to develop. While annexation is one option to increase the amount of vacant land in Bozeman, as discussed in the BCP2020, Montana law requires the property owner to initiate the annexation process. The City can no Housing by Zoning District, 2020 Community Plan Residential infill development, Louisville, CO (kgarch.com) 495 Bozeman UDC Affordable Housing Assessment |15 more force annexation of new lands than it can force development of existing vacant lands. In addition, relying on new annexations to fill the gap in affordable housing supply is problematic because new construction is often more expensive than reusing or modifying the existing housing stock and related infrastructure, and because focusing affordable housing production on annexed lands is in tension with the Community Plan and CHAP policies of making affordable options available throughout the City. With so little developable land available, any effort to increase the quantity of housing available while decreasing cost will have to allow increased residential density in the existing zoning districts through infill and redevelopment. The consultant team has identified five categories of issues in the current UDC where regulations can impact the overall number of new housing units constructed in Bozeman. Changes to these regulations are intended to encourage “gentle density” through the addition of an accessory dwelling unit, a second attached single-household unit, or well-designed townhomes. Regulations for these types of housing can be adjusted to encourage the development of more housing that is still scaled to reflect the general character of the neighborhood or zoning district. In addition to changing the list of different housing types permitted in each zoning district and changing the current standards on lot and building size to allow more housing, the UDC could further promote both capital “A” and small “a” affordable housing by reducing ambiguity and subjectivity in the standards applied by the City in reviewing applications for housing development. Often, regulatory changes recommended in one section (such as permitted uses) will need to be matched with changes in another section (such as lot and building dimensional standards). For example, making significant headway in permitting larger-scale townhouse development in the Residential Medium Density (R-3) district may also require changes to required minimum lot sizes and setbacks. The set of recommendations provided in this section should be considered as a suite of changes to be undertaken together. As noted earlier, there are several other changes the UDC that would improve user-friendliness, predictability, and effectiveness. For example, some of the current zoning districts are very close in both permitted uses and required lot and building dimensions This section of the report only targets recommendations related to increasing housing supply recommendations and does not include recommended changes at a zoning district level. As part of a general code revision process, however, Bozeman should consider revising the current zoning district line-up to better differentiate the role and function of the zoning districts. This may include district consolidations among some of the residential districts; creation of new districts, such as character-based district for existing neighborhoods and greenfield design-based districts for new development; and dividing districts that may be too broad to implement key planning goals, such as PLI and B-P. Allowing a wide diversity of housing is a hurdle that the community has already jumped. This section identifies a series of steps that Bozeman can take to expand the areas in which these types of housing are allowed. As noted above, the Bozeman Community Plan 2020 includes multiple actions to increase the 496 Bozeman UDC Affordable Housing Assessment |16 supply of affordable housing that should be implemented through changes to the UDC use tables. Examples include: Goal N-1: Support well-planned, walkable neighborhoods. N-1.1 Promote housing diversity, including missing-middle housing. N-1.2 Increase required minimum densities in residential neighborhoods. N-1.4 Promote development of accessory dwelling units (ADUs). N-1.11 Enable a gradual and predictable increase in density in developed areas over time. Goal N-3: Promote a diverse supply of quality housing units. N-3.1 Establish standards for provisions of diversity of housing types in a given area. N-3.2 Review zoning districts to assess the range of housing types in each district. Read together, the Community Plan goals include two concepts: (1) creating more housing diversity in more areas of the city, and (2) increasing housing densities, which is a calculation of the number of units permitted on a lot. In the UDC, these two concepts are addressed in the use tables and through the minimum density and minimum lot size requirements, each of which is addressed in the following two sections. Changes to Allow More Housing in Existing Districts The following distribution of residential housing types are currently allowed in Bozeman’s zoning districts: Current Available Uses in Residential Zoning Districts RS R-1 R-2 R-3 R-4 R-5 R-O B-1 B-2 B2-M B-3 UMU REMU NEHMU Key: P=Permitted C=Conditional Use Permit Required X=Not Allowed AHO=Thru Affordable Housing Ordinance Only N=Not Specified (UDC is silent) Detached Homes Single-household (1 unit) P P P P P P P X X X X X P P ADU (1 unit)[1] P P P P P P P X X X X X P P Cottage Housing P P P P P P P X X X X X P X Manufactured Home P P P P P P P X X X X X P P Attached Homes ADU (1 unit) P P P P P P P X X X X X P P Two-Household (2 units) X X P P P P P X X X X X P P Three/Four Household (3 or 4 units) X X X P P P P X X X X X P X Townhouse / Rowhouse (2 units) AHO AHO P P P P P N N N N N N N (up to 5 units) X X X P P P P X N N N X P P (more than 5 units) X X X X P P P X C P P X P Live-Work Unit N N N N N N N P P P P P P P 497 Bozeman UDC Affordable Housing Assessment |17 Current Available Uses in Residential Zoning Districts RS R-1 R-2 R-3 R-4 R-5 R-O B-1 B-2 B2-M B-3 UMU REMU NEHMU Key: P=Permitted C=Conditional Use Permit Required X=Not Allowed AHO=Thru Affordable Housing Ordinance Only N=Not Specified (UDC is silent) Multi-Unit Household Apartment Building (5 or more units) X X X X P P P X C P P P P X Apartment Building Ltd. (between 5 and 8 units) X X X P P P P N N N N N N N Group Living P P P P P P P P P P P X P P NOTES: [1] These districts do not distinguish between permissions for attached versus detached ADUs. In order to grow the supply of housing, the City should consider changing the amount and types of housing allowed in each zoning district, as described below. Changes to Density Measurement and Use Classification Before addressing the bigger picture changes to how much housing should be allowed by zoning district, there are two “functional” UDC changes that can have positive impacts on housing supply: (1) revising how density is measured, and (2) reclassifying multi-unit dwellings. 1. Density Measurement Bozeman currently measures residential density in all of the current zoning districts except R-5 using a “net” acreage denominator; the part of the lot that will be allocated to infrastructure and sensitive lands (e.g., wetlands) protection is removed from the total acreage calculation before dividing the parcel size by the minimum lot size to establish density. For example, 10,000 square foot parcel A is reduced by 3,000 square feet to account for infrastructure, resulting in a net area of 7,000 square feet, and then divided into lots depending on the applicable zone district. If that parcel is in a zoning district with a minimum lot size of 5,000 square feet, one lot (Lot A1), can be created. The net calculation can vary from parcel to parcel based on site conditions. As an example, 30 percent of parcel A may also be wetlands, which would further reduce the net lot area to 4,000 square feet and potentially impact the ability to create even one lot. This approach can be changed for new development in the residential districts to use a “gross” acreage approach, where the infrastructure and non-buildable percentage of the lot is removed AFTER the density calculation to allow the creation of more lots on a parcel. In the example above, two buildable lots could be created, although they would still have to be located to avoid sensitive lands and planned infrastructure. Applying gross density to calculate the total number of lots in a new development will not impact the provision of infrastructure, only how the City and developers make their early calculations about lot layout and structure siting. In making a change to gross density measurement, the City will need to also consider: (1) whether to extend gross density to mixed-use development or refine the calculation to reflect the combination of residential and non-residential uses on a site, and (2) whether to apply gross density to infill and redevelopment projects, where this change could result in the creation of more lots (although likely on a very limited basis) in built-out neighborhoods. 498 Bozeman UDC Affordable Housing Assessment |18 2. Changes to Multi-Unit Household Classifications The current UDC is actually quite permissive in the types of housing allowed across the City, but not as clear as it could be in describing the range and types of housing permitted in each zoning district. While code drafting usually benefits from simplicity, there are categories in the regulations where providing more detail and eliminating uncertainty can be helpful to applicants as they conceptualize what the code allows. One revision, for example, that could make a difference in better matching multi-household structures to surrounding community character is to establish a more detailed menu of multi-household building classifications, such as small (up to 6 units), medium (6-18 units), and large (18 units and over). Establishing these specific classifications can then be linked to the density descriptions in the City’s various planning documents – for example, aligning the large multi- household classification with references to “high density development” and identifying those zoning districts where that scale of multi-household use is appropriate. Changes like this allow the UDC to educate the infrequent users and create more accurate expectations about the types of development that can take place across the City. Changes to Allowed Residential Land Uses and Permitted Densities The following sections identify recommended change to residential use types and densities by zoning district. 1. Residential and Residential Emphasis Mixed-Use Districts a. Suburban (R-S) and Residential Low Density (R-1) The R-S and R-1 districts are intended for single-household residential development. Together, the R- S and R-1 districts account for approximately one third of the City’s residential land. The minimum required density in R-S districts is 2 DU/net acre1 (or 2.5 DU/gross acre, creating net lot sizes around 15,000 to 17,000 square feet), and is 5 DU/net acre (or about 7 DU/gross acre) in the R-1 districts, creating net lot sizes around 6,000-7,000 square feet). Additionally, the R-S district has served as a designation for environmental protection, with R-S zoning including acres of protected wetlands, open spaces, trails, and acres otherwise not available for development or redevelopment. Finally, R- S zoning has also functioned as a “holding zone,” until a property owner determines the specific form of development they wish to pursue on a parcel, at which time there is a rezoning request for the property. The R-S district is only applicable to existing neighborhoods and, as of 2018, can no longer be used for new development. Opportunities for redevelopment in the R-S (and R-1) district with larger lot sizes can include the creation of new lots through lot splits or resubdivision, as well as the creation of additional units through building conversions (such as converting existing single-household units to two or more household units). Accessory dwelling units should continue to be permitted, with changes to those regulations as recommended in this Assessment. R-1 zoning continues to be available for new development and should be updated to require increased minimum density by 1 to 2 units/acre, which would be 6 DU/net acre or 8 DU/gross acre to create lot sizes around 5,000-5,500 square feet. Cities like Minneapolis and states like Oregon that are on the leading edge of promoting gentle density in previously single-household neighborhoods are making changes to these types of districts to permit two-household dwellings by right. This allows owners of single-household dwellings to convert a portion of their dwelling into a second unit without requiring additional lot area or compliance with the restrictions imposed by the ADU regulations. This kind of “internal conversion” is already 1 For these examples, net density was calculated at gross density minus 20% to 30% of the lot area. 499 Bozeman UDC Affordable Housing Assessment |19 permitted in Bozeman, subject to adequate lot size; however, the UDC would better promote conversions of existing housing to accommodate an additional unit if it did not require additional lot area for that second unit. This type of internal conversion of an existing dwelling unit is an important in allowing a homeowner to generate additional income from the rental of the second unit or provide generational housing for a family member. In many cases, these conversions are accomplished with no change to the exterior footprint of the existing dwelling, maintaining the physical character of the neighborhood. Consistent with practice in many U.S. cities, the creation of a second primary dwelling unit on a lot should be counted towards the maximum density allowed in the zoning district, but the creation of a smaller and subsidiary ADU, as an accessory use, should not be counted as an additional dwelling unit for purposes of calculating residential density. b. Residential Moderate Density (R-2) The R-2 district is intended for one- and two-household development and accounts for about 6% of residentially zoned land in the City; the majority of it located around Downtown Bozeman or adjacent to higher density development. Currently, R-2 allows up to two units (two-household dwelling or townhouse) per building and has a minimum density requirement of 5 DU/net acre (about 7 DU/gross acre, creating lot sizes of around 6,000 to 7,000 square feet). We recommend increasing the allowance up to five units per lot, whether in the form of townhouses or small apartment buildings and revising the minimum density from 5 to 8 DU/net acre (about 7 to 9 du/gross acre), allowing minimum lot sizes around between 4,000 and 4,500 square feet. This increase can be achieved with the current list of allowed uses in the R-2 district. Given the central location of much of the R-2 zoning, this change could make a positive contribution to creating a dense, walkable center in the community. c. Residential Medium Density District (R-3) R-3 is the most widely applied zoning district designation, covering about 16% of residentially zoned land. R-3 is both reflective of the development patterns in many of Bozeman’s “second-ring” suburban neighborhoods and serves as a “transitional” district that bridges the low development densities of R- 1 and higher density residential and mixed-use development. Currently, the R-3 district allows one to five dwelling units in the full range of structure types, from single-household detached to townhomes to apartments, at a minimum density of 5 DU/net acre. We recommend increasing the R-3 minimum density to 10 units per net acre (about 13 du/gross acre), allowing minimum lot sizes around 3,100 to 3,500 square feet. d. Residential High Density District (R-4) and Residential Mixed-Use High Density District (R-5) The R-4 and R-5 districts together account for just under 8% of residential zoning in Bozeman. Both are intended for high-density development, with some mixed-use development allowed in R-5. Though the two districts have identical regulations for the type of housing allowed, R-5 has more permissive lot requirements, with no minimum lot sizes for some types of structures. Both districts have a minimum density of 8 DU/acre, with R-4 calculated in net density and R-5 calculated in gross density. To promote the higher-density development this district allows, we recommend eliminating the availability of new single-household dwellings in these zones in the future. To accommodate this change, both the zoning districts and nonconformities sections of the UDC can be revised to ensure that existing single-family units remain classified as legal, conforming uses unless they are abandoned or replaced. We also recommend increasing the minimum density to 14 DU/net acre (about 17 500 Bozeman UDC Affordable Housing Assessment |20 DU/gross acre, for structure types where minimum lot sizes are calculated, this will allow lots of about 2,200 to 2,500 square feet). e. Residential Office (R-O) The R-O district encompasses slightly less than 4% of zoned land in Bozeman, and is intended to allow the development of multi-household and apartment uses in conjunction with office uses, at a minimum density of 6 DU/net acre. R-O should be located in areas with similar development, along arterial corridors, and as transitional development between lower density residential and commercial development. Currently, R-O standards limit the extent (i.e., percentage) of residential development permitted in a structure when it lies within a non-residential land use designation. This could be changed to require non-residential uses on the first floor without limiting the amount of residential development permitted in the structure above the first floor. This would allow the development of more residential dwelling units in the R-O district , while still respecting the district intent for a mix of residential and office uses. f. Residential Emphasis Mixed-Use (REMU) This district is a more flexible version of the UMU district that limits non-residential uses to 30 percent of gross floor area as shown in a site plan, master site plan, or PUD. It represents 2.9% of the zoned land in the city, and the non-residential limit does not apply to schools, parks, community centers, City services, or structured parking. Because this district encourages but does not require mixed-use (i.e., it allows single-purpose residential buildings), we do not have recommendations for change at this time. However, because much of the REMU-zoned land is located near the university, the City may want to consider incentivizing the construction of student-oriented housing (such as the emerging development of 3-4 bedroom/3-4 bath units with shared living rooms and kitchens) in order to relieve pressure that the student housing demand currently disperses over much of Bozeman. While this type of student housing is permitted as a form of “group living” in the current UDC, that use could be further incentivized for this purpose. g. Residential Manufactured Home Community District (RMH) The intent statement for the RMH zoning district indicates the zoning is appropriate for “existing mobile home parks and areas adjacent to commercial or mixed-use districts and/or served by transit.” Although this text suggests that the RMH district could be used to create a new manufactured home park, this could be clarified by rephrasing as “existing or new.” One benefit of this approach is that this district can be tailored to allow the creation of Tiny House communities, an approach to affordable housing was recently adopted by Aurora, Colorado. The existing regulations may need to be revised to match the requirements for these smaller structures (typically 400 or 500 square feet versus 800 feet for a traditional single-wide manufactured home). While the availability of the RMH district to accommodate new manufactured home and Tiny Home parks is consistent with the affordability goals articulated in both the Community Plan and the CHAP, it is unlikely that the continued availability of this tool will produce a very significant amount of new small “a” affordable housing, simply because high land prices often make it more profitable to produce other types of housing. Note: Mixed-Use Districts. Historically, many “commercial” zoning districts also allowed residential uses. This practice has continued and expanded, although most newer codes rename commercial districts as “mixed-use” districts to reflect the inclusion of residential uses. This is the case in Bozeman’s UDC, where residential uses are permitted to some extent in all of the commercial districts. 501 Bozeman UDC Affordable Housing Assessment |21 2. Commercial and Industrial Districts a. Neighborhood Business (B-1) Only 72 acres of land are zoned B-1, which accounts for less than 1% of the 2020 zoning district distribution. This district is intended to be used to provide pedestrian-oriented, neighborhood-serving commercial uses and can be mixed with residential development. Currently, only apartments are permitted in the B-1 district, but this can be expanded to include the limited addition of three- and four-household units, townhomes, and mixed-use structures, all of which can be designed to function well in a neighborhood commercial area. Care should be taken to limit the overall amount of residential development in the district so that the local-scale non-residential function of the district is not lost. b. Community Business (B-2) and Community Business District-Mixed (B-2M) The B-2 commercial business district is intended for the development of commercial centers that serve multiple neighborhoods, while the B-2M district does the same for a larger trade area. B-2 zoning accounts for about 10% of the City’s current zoning and is widely distributed along Main Street outside of Downtown, around the I-90/Median interchange, along N 19th Street, and in smaller segments in all quadrants of the city. In contrast, the B-2M zoning district created in 2018 only covers 1.5% of the land in the City, and is located primarily around midtown and along Huffine Lane on the western edge of the city. The primary difference between the B-2 and B-2M districts in the use table is that those residential uses that permitted by conditional use review in B-2 are often permitted by right in B-2M. Historically, there may have been a reason for requiring residential uses to obtain a conditional use permit, but that may reflect a time when communities separated commercial and residential uses because they made “bad neighbors.” This view of planning has been gradually replaced with a more place-based approach and allowing a wider range of residential uses-by-right in most commercial districts. In Bozeman, the residential uses by right available in the B-2M district could be added to the B-2 district. Note: Ground Floor Uses. Some of the current UDC districts, such as B-2, B-2M, B-3, UMU, and REMU have limitations on when residential uses can be placed on the ground floor. In the B-2 district, for example, ground floor residential is a conditional use. In B-2M and B-3 ground floor residential must be located a minimum depth of 20 feet behind the front façade (i.e., there must be a different use at the front entrance and the residential space is located “behind” that use). This concept may have migrated into many codes from form-based code practice, where it is typically used more selectively (rather than applying to all land in a zoning district regardless of location). Bozeman has already started to narrow its requirement for ground floor non-residential uses through the use of different frontage types. We recommend that the City review the frontage type maps to ensure that non-residential frontage types (such as storefront) are limited to areas where there is no added benefit to allowing ground floor housing uses, and where the market will support non-residential ground floor uses. Many cities are concluding that there are some areas where demand for leasing and occupancy of ground floor non-residential uses is so weak that allowing ground floor residential uses would be of more value to the community. If that is true in Bozeman, we recommend that the UDC be amended to allow single use residential buildings without ground floor non-residential uses in areas of low demand. 502 Bozeman UDC Affordable Housing Assessment |22 c. Downtown (B-3) The Downtown B-3 district is fairly small at approximately 150 acres and just a little over 1% of Bozeman’s current zoning. A wide range of non-single-household residential uses is permitted by right in the Downtown and we do not recommend use changes for this district. d. Urban Mixed-Use (UMU) The UMU district only accounts for 38 acres or 0.3% of the current zoning. This district has a required use mix, limiting the primary use to 70 percent of the gross square footage developed on each site. UMU also has a ground-floor commercial use requirement for 70 percent of the ground floor block frontages to a depth of 20 feet from the street unless the ground floor use is parking. To better accommodate housing demand in Bozeman, we recommend that the ground floor commercial requirement be further limited and that structures outside of the core of a UMU development area be allowed to contain first floor residential uses. e. Northeast Historic Mixed-Use (NEHMU) The Northeast Historic Mixed-Use district is unique because it is designed to accommodate a specific mixed residential/light-industrial neighborhood. It combines uses permitted in the R-2 and M-1 zoning districts and allows case-by-case determination of the most appropriate use of land within a broad range of both non-residential and residential uses. The NEHMU district (combined with the R2 district to the south) represents a portion of what was historically Bozeman’s working-class, mixed-use neighborhood. Public comments have indicated that in the past few years many of these smaller homes are being replaced with larger incompatible homes, sometimes by combining several smaller lots into one larger single household property. While the current zoning reflects a past desire to accommodate the older existing non-residential uses, the Community Plan suggests that the area should transition towards residential use. In light of this policy change and the significant need for additional housing supply, the City should consider adding additional types of multi-household housing uses to this district, removing heavy commercial and industrial uses from the lists of available uses, and/or replacing the NEHMU district with a more traditional residential zoning district, which could be done either through the application of a current commercial district that allows the proposed development density, or a new residential district that accomplishes the same goal in a way that is consistent with the Community Plan goal of having residential densities at 14 to 22 du/net acre supporting the intersection-oriented commercial uses. 3. Industrial Zoning Districts a. Light Manufacturing (M-1) The M-1 district currently allows buildings to contain up to 50% of their area in residential uses. Since many contemporary light industrial uses no longer produce the kinds of impacts that would require separation from residential developments (light, noise, odor, emissions), the City should consider allowing the creation of additional housing above or on the same site as these low-impact uses by allowing the 50% residential threshold to be applied on a site-wide basis (rather than a per-building basis). Alternately, many cities are re-evaluating their inventory of industrially-zoned land in light of changing economic and market forces, and are concluding that some smaller, older, areas without NEHMU district on the Bozeman zoning map 503 Bozeman UDC Affordable Housing Assessment |23 good access to highways, air, or rail facilities are unlikely to attract employment-creating development in the future, and are remapping those lands into mixed-use zones that would allow for a wider range of residential development. While Bozeman’s M1 lands appear to be fairly well located and suited to modern light industrial demands, we suggest that Bozeman conduct an analysis of whether any of the current 572 acres of M-1 land is unlikely to attract or retain the intended employment uses in the future. b. Business Park (B-P) Many cities are also revising their business park zoning districts to allow the introduction of multi- household residential uses. In some cases, this is driven by a desire to promote walkable mixed-use development, while in other cases it is motivated by the difficulty of attracting non-residential investment to the remaining parcels in existing business parks. Regardless of the motivation, some cities are allowing new residential uses with limitations on the percentage of land in a defined business park that can be occupied by residential uses, or allowing residential uses to be developed only after a stated percentage of the land area has been occupied by non-residential uses, in order to ensure that an intended employment zone does not become a predominantly residential area. Bozeman currently has 240 acres of land zoned B-P, 27 acres of which were vacant in 2020, and we recommend that the City explore whether multi-household housing types should be permitted in this zoning district. 4. Overlay District There is one overlay district in Bozeman – the Neighborhood Conservation Overlay District (NCOD), which was created in 1991. Because this district regulates the form and dimension of permitted development – rather than permitted uses – and because it can be used to better preserve existing housing, it is discussed as part of Outcome 2: Preserve Existing Affordable Housing, below. Changes to Form and Intensity Standards Form and Intensity standards are those regulations in each zoning district that address the minimum or maximum sizes of a lot or structure or that require additional lot area for specific housing types (such as multi-household units and ADUs) in specific zoning districts. While most development codes regulate these issues in some way, Bozeman’s dimensional and bulk standards are more extensive and complex than most. On most lots, the development potential for new housing is subject to minimum lot sizes, lot area per dwelling unit, minimum building setbacks, maximum height limitations, floor area ratio (FAR) limitations, minimum open space standards, maximum lot coverage, and maximum rear lot coverage. There are also relevant standards “hidden” in table footnotes and located in different section of the UDC. Applying specific building frontage requirements adds another layer of complexity that may impact how the lot can be used for housing development. We recommend simplifying or eliminating some form and intensity standards and making others more flexible to reduce Form and intensity standards establish required measurements for lots and structures 504 Bozeman UDC Affordable Housing Assessment |24 this complexity and enable the creation of additional small “a” affordable housing in Bozeman. The City may want to consider reorganizing the location and format of the form and intensity standards as part of a larger code update. The relative complexity of Bozeman’s form and intensity is shown in the comparison table below, and our recommendations for simplifying these standards appear in the sections following the table: Dimensional Standards Comparison Communities Lot Area Lot Width Max. Height Lot Area/ Unit FAR Min. Open Space Max. Lot Cov. Max. Rear Lot Cov. Bozeman Yes Yes Yes Yes Yes Yes Yes Yes Missoula Yes No Yes Yes No No No Yes Billings No Yes Yes No No Yes [2] Yes No Helena[1] No [3] No Yes [3] No No No Yes No Laramie, Wyoming Yes Yes Yes Yes No No No No Spokane, Washington Yes Yes Yes No Some Yes Yes No Bend, Oregon Yes Yes Yes Yes Yes No Yes No [1] N/A for downtown residential development. [2] Multi-unit/mixed-use development only [3] Rural districts only Of the communities reviewed, all measure at least two fewer dimensions than Bozeman. That may seem to be a simplistic comparison, but each measurement represents a specific requirement on the lot or for the structure, so eliminating two could have a noticeable impact on how the lot is used or structure designed. Floor area ratio and minimum open space are the two types of measurements that most of the comparison communities do not use, and both are discussed in more detail below. Lot Standards 1. Reduce Required Minimum Lot Sizes for Non- Single-Household Development Bozeman has been steadily reducing minimum lot sizes since the 1990s, down to the current single-household minimum lot sizes of between 3,000 and 4,000 square feet, depending on the building type. Single-household detached dwelling lots for income-restricted affordable housing can be as small as 2,700 square feet, and the Residential Mixed-Use High-Density (R-5) and REMU districts allow even smaller “small-lot single- household” development on a 2,500 square foot lot. These figures are much more reasonable than those used by many medium sized cities for single-household dwellings. Attached and multi-household dwelling types, such as two-to-four household dwellings and apartments, generally require additional lot area over the standard minimum. This requirement generally reflects an older approach to zoning grounded in Lot area is the total horizontal area within the boundary lines of a lot Lot area is the total horizontal area within the boundary lines of a lot 505 Bozeman UDC Affordable Housing Assessment |25 suburban standards with embedded assumptions that uses that differ even slightly from single- household dwellings should be separated from them by more lot area. When combined with the UDC requirements for on-site open space and low FAR limits, this approach requires large (and expensive) lots for non-single-household building types, as shown in the table below. Minimum Lot Size by Dwelling Type Lot area per unit Total square footage required Multi-Unit “Penalty” per Structure Single-household dwelling R-5 + RMH: 3,000 Other: 4,000 Two-household dwelling All but R-O: 2,500 R-O: 3,000 5,000 per 2-HHD DU R-O: 6,000 per 2-HHD DU 2,000 to 3,000 sq. ft. Three- and four- household dwelling R-3, R-4, R-O: 3,000 R-5: None 9,000 per 3-HHD dwelling 12,000 per 4-HHD dwelling 5,000 to 8,000 sq. ft. Townhouse/ Rowhouse R-3, R-4, R-O: 3,000 R-5: None Dependent on number of units 2,000 sq. ft. and up, depending on number of units Apartments and Apartment Building, Limited. R-4, R-O: First DU 5,000 + 1,200 per DU R-3: 3,000 per unit R-5: None 5 units in R-4, R-O: 9,800 5 units in R-3: 15,000 The additional-lot-area-per-unit standards are a significant contributor to high housing prices for non- single-household development and tends to spread out lots containing even two-, three-, or four- unit housing in ways that undermine the City’s goals for walkability. The Bozeman Community Plan 2020 encourages developers to “think small” by recommending that the UDC: N-3.7 Support compact neighborhoods, small lot sizes, and small floor plans, especially through mechanisms such as density bonuses. N-3.8 Promote the development of "Missing Middle" housing (side by side or stacked duplex, triplex, live-work, cottage housing, group living, rowhouses/ townhouses, etc.) as one of the most critical components of affordable housing. Other communities in Montana and the region, in comparison, already think small. Helena only requires minimum lot sizes for large lot residential (Open Space Residential) and residential uses in the Neighborhood Business district. In its recent zoning code update, Billings moved from a minimum lot size requirement to a minimum lot width requirement in most residential and mixed-use districts. Great Falls employs a combination of minimum lot size and dwelling unit density that is not a one-to- one correlation. The Multi-Family Residential Medium Density (R-5) district, for example, has minimum NEW lot size of 7,500 square feet, and allow 4 units on a lot of that size. In all six of their multi-family districts, Missoula allows 3,000 square foot minimum lot areas and, depending on the intensity of the district, the required lot area per unit ranges from 500 to 2,700 square feet. These dimensions are for conventional development; permanently income-restricted development does not have a minimum lot size but requires between 400 and 2,160 square feet per unit. Laramie, Wyoming, establishes a minimum lot area for a principal building and a smaller per unit lot size for additional units; in the R-3 district the minimum lot area for a principal townhouse structure is 6,000 square feet and the additional per unit minimum is 1,000 square feet. Finally, Spokane, Washington, takes a minimum lot area-based approach like Bozeman’s UDC, but requires 506 Bozeman UDC Affordable Housing Assessment |26 much smaller lots. In the Residential Multifamily District, minimum lot sizes for detached houses are 1,800 square feet, attached houses are 1,450 square feet, and duplexes/multi-dwelling structures are 2,900 square feet. We recommend that Bozeman move to eliminate the lot-area-per-dwelling-unit regulations for single-household attached and multi-unit (e.g., apartment) housing. This can be done in a targeted manner based on zoning district, location, dwelling type, and/or whether the neighborhood is new or already developed. While the additional lot-area-per-dwelling standard might be removed altogether for new development on vacant land, it could instead be subject to contextual or averaging standards in established neighborhoods. For example, in established neighborhoods minimum lot sizes for redevelopment of older properties for two-, three-, or four-family structures or townhouses could require that the new lots be generally similar (for example, between 75% and 125% of the size of existing lots on the same block) in order to allow the redevelopment to fit into the established fabric of the neighborhood without requiring a fixed amount of land per dwelling unit. In addition, we recommend that the elimination or reduction of lot-area-per-dwelling-unit apply to conversions of existing single-unit to multi-unit structures where that conversion takes place within roughly the same building footprint. 2. Reduce Minimum Lot Width Minimum lot widths determine how wide a lot has to be at the front building line, and impact how many linear feet of street frontage are required to serve a neighborhood for access and utilities. Lot widths in residential neighborhoods can have a significant impact on housing cost, because wider lots need to have longer pipes, wires, and pavement on fronting streets. Lot widths also determine how new lots “fit into existing neighborhood character. Nationally, many cities are re-thinking minimum lot widths, particularly for infill and mixed-use development, in order to reduce some of the costs associated with a wider lot frontage. As context for this discussion, substantial portions of older neighborhoods in many western U.S. cities were platted as 25-foot-wide lots, were developed with correspondingly small houses, and these neighborhoods remain among the more affordable and walkable neighborhoods in these cities. Minimum lot widths currently range from 30 to 60 feet wide in the City’s residential districts, varying primarily based on the housing type. Lot width requirements have many exceptions. Interior townhome lots, for example, are permitted to be narrower than end lots due to additional side setbacks on the end lots, and currently have no minimum standard. Reduced minimum lot widths are Two-unit dwelling on a single-unit footprint Lot width is the distance as measured in a straight line, between side lot lines at the points of intersection with the required front building line. 507 Bozeman UDC Affordable Housing Assessment |27 permitted for lots on alleys where lot access is taken from the alley, and also for income-restricted affordable housing on smaller lots. The current market rate required minimums are generally consistent with the associated requirement to provide extra lot area for multi-household units. We recommend eliminating minimum lot width requirements for new development on vacant land, and reducing those minimums for redevelopment in existing neighborhoods to allow for “gentle density” and market development of more housing that is generally in character with the existing neighborhood fabric. Reducing minimum lot widths will not prohibit wider, street-facing development because the developer can choose to provide widths beyond the minimum. It will, however, allow the creation of narrower lots and may encourage the development of new alley systems. If the intent of current minimum lot widths is to preserve “light and air” between buildings, that can be done through adjusting setbacks or maximum lot coverage rather than requiring wider lots. Many newer development codes are eliminating minimum lot width standards altogether in Commercial, Mixed-use, and Industrial zoning districts. We recommend that the City remove the current minimum 100-foot lot width requirement in the Neighborhood Commercial (B-1) district, and the 100-foot minimum lot width in the Community Business (B-2) district, to enable creative infill housing development. Cities that have taken this step in recent years include Bloomington, Indiana; Albuquerque, New Mexico; and Rochester, Minnesota, among others. Neither Helena or Missoula regulate lot width and depth. Billings regulates lot width only, using standards that depend on neighborhood context. Older, close-in neighborhoods have a minimum/maximum lot width range of 20 feet to 80 feet, and more suburban development has a minimum/maximum lot width range of 50 feet to 120 feet. Laramie, Wyoming has regulations most similar to Bozeman’s, where their single-household district requires a lot width of 50 feet. Multi- dwelling districts allow lot widths between 40 and 60 feet. Of note in Laramie’s most intensive multi- dwelling district is the allowance for townhouse unit lots to be only 16 feet wide. In Spokane, Washington, as previously mentioned, lot sizes are generally smaller, and so are lot dimensions. The largest lot width and depth in the city is 40 feet by 80 feet – and this applies equally to single dwellings in the city’s more suburban districts (comparable to Bozeman’s R-S, R-1, and R-2) and to attached housing such as a duplex. In more urbanized areas, both single dwellings and duplexes are permitted on lots with a width of 25 feet. Lot widths also affect other City operations and standards beyond zoning, including utility installations and maintenance, which may place some limitations on individual site flexibility. 3. Floor Area Ratio Requirements Floor area ratio (FAR) requirements have been around for decades and have increased in use and popularity during two different eras of zoning – in the sixties and seventies with the increased popularity of performance zoning focused on flexible lot development that was fully mitigated and screened from adjacent development, and early in adoption of form-based regulations to try to provide a more flexible way to tailor form-based controls to reflect more nuanced neighborhood character (to the consternation of many form-based code advocates). Both times, the renewed use of FAR standards declined over time, primarily because this standard does not lead to predictable design outcomes, and because FARs tend to be both difficult for citizens to understand and a poor proxy for how well new development will “fit into” the surrounding context. The use of FAR measurement in the UDC appears to have migrated originally from the newer mixed-use districts into other districts. The UDC contains more than enough standards to regulate the scale, intensity, height, and “openness” of new development without the added artificial density limits created by FARs, and 508 Bozeman UDC Affordable Housing Assessment |28 we recommend that they be eliminated – at least for residential development and mixed-use development with a housing component. 4. Lot Coverage Requirements Maximum lot coverage requirements are part of the historic trifecta of lot size, lot width, and lot coverage standards that have typically been employed by communities to support large lot, separated structure residential development. As with some older codes, Bozeman compounds the complexity of these controls by regulating both maximum lot coverage and maximum rear yard coverage. The City may have more success with encouraging development on smaller lots by concurrently reducing (or eliminating) minimum lot widths and increasing (or eliminating) maximum lot coverage requirements. Although maximum lot coverage limits can serve an important purpose in promoting on-site stormwater management, that goal can also be accomplished through shared or communal open spaces designed for stormwater management without forcing each lot to contain individual open space that drives up housing costs. These types of changes must be coordinated with the City’s stormwater operations and regulations applied to the City by state and federal agencies. At a minimum, we recommend that Bozeman adjust the maximum lot coverages so that they reflect on-site open space needed for effective stormwater management, rather than serving as third way to require housing to occupy more land than it would otherwise need to occupy. Building Dimensional Standards 1. Permitted Heights In built-out communities with little remaining vacant land, allowing taller structures is an important way to encourage increased housing production on existing land. The Bozeman Community Plan 2020 agrees, recommending that: This graphic from New York City shows how FAR impacts building bulk but not necessarily building design. Lot coverage is the ratio of horizontal area, measured from the exterior surface of the exterior walls of the ground floor, of all principal and accessory buildings on a lot to the total lot area. 509 Bozeman UDC Affordable Housing Assessment |29 DCD-2.4 Evaluate revisions to maximum building height limits in all zoning districts to account for contemporary building methods and building code changes. The City’s recent changes to height limits in residential zones demonstrate that Bozeman is aware of this issue, and has already taken steps to address it. The increased height allowed in residential districts and simplification of the standard as related to roof pitch have brought Bozeman more in line with best practices in this area of regulation. We recommend that as the City implements the revised standards, they also engage in a continuing conversation about whether additional increases in maximum height would be of benefit. Concerns raised by allowing taller buildings near existing low-density residential areas can be addressed through neighborhood adjacency standards, setbacks, and screening, and, for taller structures, building stepback requirements. Standards similar to the current non-residential stepback standards in Section 38.320.060 can be established to apply to both residential adjacency and residential/non-residential adjacency. Similar changes should be considered in the commercial/mixed-use districts. The Downtown (B-3), the B-2, B2-M, and UMU district, all have fairly low maximum height limits that could be reviewed and potentially increased. The 2019 Downtown Bozeman Improvement Plan includes this illustration of how the current UDC requirements work together with typical building design to result in a five-story building: The Downtown Improvement Plan then goes on to recommends allowing structures to be built to seven stories outside of the historic core: Regulations and building construction requirements typically limit Downtown development to five stories Regulations and building construction requirements typically limit Downtown development to five stories 510 Bozeman UDC Affordable Housing Assessment |30 "Downtown's height limits should be adjusted to enable buildings of seven stories outside of the historic core, rather than specifying 70 feet which more usually results in five-story buildings. For buildings with seven stories, urban design guidelines could be put in place to shape and break down the massing while still enabling the density needed for a vibrant, inclusive Downtown. For example, the floor plates on levels five through seven can be designed to step back from the building edge to break down the form. A height increase to seven stories could also be an opportunity to address long-term affordability by incentivizing smaller units through height bonuses." We support these recommendations as a further way for Bozeman to enable the production of more small “a” affordable housing without the need for discretionary hearings or approvals. 2. Establish Minimum Heights To encourage increased development of moderate density multi-household dwellings, the City could consider establishing minimum building heights in the higher intensity commercial districts. Requiring at least two stories in the B-2M and B-3 zoning districts, for instance, could prevent lots from being used for the development of single-story commercial structures. There is precedent for minimum heights in Bozeman; UMU currently has a minimum building height of 22 feet, and REMU has a two- story minimum requirement when for mixed-use development. Update Use-Specific Standards to Reduce Barriers to Innovative Housing The size and layout of future development and redevelopment is regulated through both lot and building- related dimensional standards and use-specific standards. There are two specific housing types in the UDC with current use standards that could be revised and simplified in ways to encourage more production of market-based affordable housing. Simplify Currently Allowed Housing Types 1. ADUs Accessory Dwelling Units (ADUs) are a secondary and subordinate dwelling unit on the same lot as a single- household or multi-household uses. They can be “attached” (located in the attic, basement, or converted garage space of a primary house) or “detached” (in a carriage house, over a detached garage, or on the ground floor of a converted garage). ADUs have proven to be a popular, less controversial way of adding housing to existing single-household neighborhoods in many communities across the United States – in part because many older neighborhoods already contain a scattering of these types of secondary units (some of which predate zoning). Bozeman has already endorsed ADUs and allows them in all residential zoning districts. However, the current standards for creating an ADU in these districts are very strict, and significantly decrease the chances that many ADUs will be created. Like many other “first generation” ADU ordinances, the current standards appear to reflect a fear of unintended consequences when allowing a new land use. Across the U.S. many “second generation” ADU ordinances are being created with revisions similar to the following, and we recommend that Bozeman consider these types of changes:  Raising occupancy limit from the current two-persons to four persons, which aligns with the International Building Code allowance for apartments. In Bozeman, this approach may require 511 Bozeman UDC Affordable Housing Assessment |31 further study, because keeping the occupancy of an ADU subordinate to that of the primary unit is very important to allow utilities to be extended from the primary dwelling unit to any detached ADU without requiring construction of new utility mains or payment of related fees.  Increasing the permitted size of an ADU to 800 square feet.  Removing the requirement for additional lot area to construct an ADU.  Removing the requirements for ground floor ADUs to have alley access.  Deleting the requirement to provide an additional parking space for an ADU, or amending the requirement to state that if two spaces exist on a lot where an ADU is proposed, provision of an additional parking is not required.  Eliminating discretionary review for compatibility and consistency and instead applying objective standards related to shadowing, privacy, and other impacts. These changes reflect a growing body of experience showing that ADUs are an important form of gentle density and that many of the feared negative impacts of ADUs have not occurred. Additionally, any overlap between the accessory building (Sec. 38.360.030) and accessory dwelling unit (Sec. 38.360.040) standards should be eliminated so that ADUs are only regulated by the ADU standards. 2. Cottage Housing Many communities have found that cottage housing developments, which generally include a group of smaller size-limited freestanding homes on a single lot, to be a useful way of providing small “a” affordable housing at lower cost to both younger and older households for which a smaller house is more than adequate. Although Bozeman already allows this type of housing, the City’s current regulations are more extensive and complex than those used by many other cities. As with ADUs, the number and level of detail in these regulations deter the creation of a type of housing that Bozeman has already decided is desirable. Other communities that want to promote cottage development have limited their use-specific regulations to the following elements:  Maximum project size (size of lot and number of units),  Minimum common open space and orientation of units around this space,  Minimum setbacks and buffering of homes from the project boundaries,  Minimum separation between individual structures (often tied to the building code),  Maximum permitted house size,  Minimum parking standards, and  Location of required parking (often in a shared parking area). The following standards in the City’s current cottage housing regulations should be considered for elimination: (1) additional private open space for each cottage, (2) requirement for additional entrance for units facing public right-of-way; and (3) architectural requirements for a “unified theme” or specific design features. 512 Bozeman UDC Affordable Housing Assessment |32 Consider Additional Forms of Innovative Housing The UDC should be revised to include definitions and to identify in which zoning district the following new types of housing uses are permitted, and to establish use-specific standards to ensure that they “fit into” the surrounding context that any negative impacts are mitigated: 1. Tiny Houses Despite the popularity of discussions about tiny houses, there is often a great lack of clarity as to what type of housing is being proposed and how that housing is regulated. All forms of housing are regulated as both structures and uses. From a structure perspective, tiny houses can first be categorized based on whether they are constructed for use as long-term or short-term housing. Tiny houses intended for long-term housing are regulated similarly to residential structures, and those intended for mobile, short-term housing are regulated similarly to recreational vehicles (RVs). Bozeman (like almost all other U.S. cities) requires that any tiny houses intended for more than occasional occupancy that meet applicable building and safety. This can be the standard building code for units like Bozeman’s Housing First Village homes (which that were custom designed by MSU architecture), or the Manufactured Home Code (HUD Code) for units that were factory-built and have at least 400 square feet of living space. Tiny houses that do not meet the City’s current residential building code or the HUD code can only be used for occasional occupancy (usually less than 30 days) regardless of whether they are approved as primary or accessory dwellings. Once the structure-related issues are addressed, the UDC also needs to specify how the house will be regulated as a use, and this is where Bozeman’s UDC can be improved. Tiny houses can be regulated as: (1) an ADU (accessory use), (2) a primary single-household dwelling on an individual platted lot (primary use), (3) a primary single-household dwelling a subdivision of individual lots with tiny homes (primary use), (4) a group of homes on a single platted lot intended for long-term rental (primary use similar to a manufactured home park), or (5) a group of homes on a single lot intended as short-term or transient housing for the currently homeless (a primary use with tailored specialty use standards). While the current UDC technically allows the use of tiny houses that comply with building and safety standards for all of these purposes, each of these types of tiny house development are subject to different use standards. For example, tiny houses proposed as ADUs must meet all applicable ADU standards. Groups of tiny homes on a single lot intended as primary dwelling units can often be addressed as a type of manufactured home community use. Aurora, Colorado, recently adopted regulations to allow these types of communities. The City should consider clarifying what standards apply to each of these uses of tiny houses, and revising those standards if necessary to allow broader use of these structures. 2. Congregate/Group Living While the federal Fair Housing Act requires that American communities treat group living facilities for the physically or mentally disabled (including recovering substance abusers) the same as housing facilities of the same size and scale available to the general public, there are many forms of group or communal living that are not covered by the Fair Housing Act. This can include housing cooperatives, groups of the elderly or young that agree to share a housing structure, co-housing facilities, single- room occupancy (SRO) facilities, and intentional communities focused on a specific belief system or set of values. Generally, the current UDC treats housing subject to Fair Housing Act requirements related to disabilities as congregate care uses, while those forms of housing not subject to the Act are categorized as group living or cooperative household uses. 513 Bozeman UDC Affordable Housing Assessment |33 The frequency and variety of these alternative group living choices will likely continue to expand, especially as costs rise, and Bozeman’s UDC is well positioned to accommodate the various permutations because it allows group living in all residential zoning districts. Cooperative households are permitted by right in the R-3, R-4, R-5, and R-O districts and requires special use permission in the R-S, R-1, R-2, and RMH districts. To improve user-friendliness, however, the UDC could be more explicit about the range of non-FHA group housing options that are allowed, through adding them to the use table, providing definitions, and as needed, establishing use-specific standards for the various kinds of living arrangements that are permitted in the group living category. If subject to such use- specific standards, cooperative household could be permitted by right in all residential districts, as group living is now. While the City’s current “Apartment, Limited” standards were apparently drafted to allow a specific co-housing development, that use is better categorized as part of this broad category of group living. If that reclassification occurs, the current “Apartment, Limited” use should be retired or merged into the general “Apartment Building” use. 3. Rooming and Boarding The UDC should also specify more clearly that extra rooms in dwelling units of all types may be rented out to persons other than the primary tenants of the dwelling unit for either short-term (where short- term rentals are permitted) or for long-term use, subject to a limit of 8 residents, unless further limited by occupancy standards on the building code. New roommate finding systems like Circle, Diggz, SpareRoom, and Roomiematch have vastly expanded the scope and potential of rooming arrangements to provide an important (and legal) additional source of housing, and the UDC should take a flexible approach to these arrangements in most or all zoning districts. 4. Stacked Flats Stacked flats are, essentially, a duplex housing use in a structure that looks like a single-household attached townhouse/rowhouse structure. Instead of leading into a single two- or three-floor townhouse, the street-level entry to the structure leads into an entry serving both a 1- or 2 story ground floor and a 1- or 2-story upper floor unit (both of which may be individually owned through a cooperative or condominium arrangement). This form of housing has emerged on both the west and east coasts as a new approach to promote affordability in neighborhoods that allow townhouses/rowhouses by allowing each of the attached structures to contain two dwelling units. Though we understand that there is nothing in Bozeman’s code that precludes this kind of structure, the allowance for it could be more clearly and explicitly defined. Create Complete and Consistent Definitions and Use-Specific Standards The current UDC contains a common definition/standard triple step: (1) there are incomplete or missing definitions for different types of housing, (2) some of the current definitions include substantive regulations, and (3) some of the use-specific regulations include definitions. Establishing a complete and consistent set of definitions and use standards for each type of housing allows the City to ensure shared expectations with applicants and neighbors. From a best-practices perspective, the definitions and standards should be organized consistently with definitions in Article 7, use-specific rules in Div. 38.350, and zoning district-specific regulations in Div. 38.330. 514 Bozeman UDC Affordable Housing Assessment |34 1. Update Current Housing Definitions This section identifies the current UDC housing-related terms that should be either defined or redefined, along with suggested changes that would improve their consistent and effective use in implementing the Future Land Use Map of the BCP2020. Complete and Consistent Housing Definitions Term Current Definition or Standards Suggested Changes General Terms Household A person living alone, or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities: 1.Any number of people related by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship; 2.Not more than four unrelated people; or 3.Two unrelated people and any children related to either of them; 4.Persons or groups granted a request for a reasonable accommodation to reside as a single housekeeping unit pursuant to section 38.35.090.5."Household" does not include: [paraphrased] a. Any social organization; b. Any group that is temporary or seasonal in nature; c. Prison/post-incarceration housing; or d. transitional or emergency housing This definition is fairly close to current best practices, but could be improved by clarifying that any group of individuals whose right to live together is protected by the federal Fair Housing Act is considered a household (without having to apply for a reasonable accommodation under that Act). Dwelling A building, or portion thereof, meeting the requirements of the City's adopted International Building Code and used by one household, as defined by this article, for residential purposes. Dwellings may exist in many configurations, including single-household, two-household, multiple-household dwellings and group homes. Dwellings do not include hotels, motels, Type-3 short term rentals as defined in section 38.360.260. The list of examples should be expanded to include the new types of housing (including Tiny Houses, cottage housing, and co- housing) listed above. Housing Type Terms Accessory Dwelling Units, Attached and Detached Not defined in Art. 7, Definitions; 38.360.040 ADU Use Table describes: (1) ADUs above an accessory building, (2) ADUs on the ground floor of an accessory building, (3) detached ADUs including second story additions on detached garages, and (4) ADUs that are part of the principal dwelling unit. Add definition in Article 7. The use standards could be simplified to distinguish only between attached and detached ADUs, rather than the four categories currently described. Apartment Building, Limited Not defined in Art. 7, Definitions; 38.360.070 use standards describe this as: 5-8 units in a single building, 120 ft max building dimension, 10,000 sf max floor area Add definition in Article 7; consider renaming this use as co- housing. 515 Bozeman UDC Affordable Housing Assessment |35 Complete and Consistent Housing Definitions Term Current Definition or Standards Suggested Changes Apartment Building A building other than a hotel, motel, townhouse, or rowhouse containing five or more dwelling units. Merge with the definition of apartment. Relocate the scale, size, and layout standards in the form and intensity standards rather than here in the definition. Cottage Housing Not defined in Art. 7, Definitions; 38.360.120 use standards describe this as: the subdivision of a parcel of land, referred to herein as the primary lot, into: a) dependent lots for individual dwellings, and b) private common areas for the common use of the owners of dependent lots. Add definition in Article 7. Rowhouse A dwelling unit that shares one or more common or abutting walls with one or more dwelling units. A rowhouse does not share common floors/ceilings with other dwelling units. To clarify the distinction between a Rowhouse and a Townhouse, this definition should state that the attached units are typically located on a single lot. If helpful to UDC users, alternatively layouts can be illustrated in the use- specific standards. Rowhouse Cluster A building consisting of three or more rowhouses. Merge with the definition of Rowhouse above. If the purpose of this definition is to establish a minimum or maximum number of attached rowhouse units, that should be done through use- specific standards applicable to specific zoning districts. Single- Household Dwelling Not defined in Art. 7, Definitions Add definition. Small-lot single- household Not defined in Art. 7, Definitions Add definition. Three- Household Dwelling or Four- Household Dwelling Not defined in Art. 7, Definitions Add definition. These uses are generally excluded from the definitions of Rowhouse and Townhouse if they are located in a single structure on a single lot. Two- Household Dwelling Not defined in Art. 7, Definitions Add definition. Townhouse A dwelling unit, located on its own lot, which shares one or more common or abutting walls The second sentence of this definition contains substantive 516 Bozeman UDC Affordable Housing Assessment |36 Complete and Consistent Housing Definitions Term Current Definition or Standards Suggested Changes with each wall having no doors, windows or other provisions for human passage or visibility with any other dwelling units, each located on its own lot. A townhouse does not share common floors/ceilings with other dwelling units. Each of the attached dwelling units must have: 1.Independent water and sewer service lines and metering pursuant to the applicable plumbing code and all other City regulations; 2.Individual services for all private utilities; and 3.A two-hour fire separation separating the dwelling unit from any adjoining dwelling units. regulations that should appear in townhouse use-specific regulations (38.360.250) instead of the definition. Townhouse Cluster A building consisting of three or more dwelling units, each meeting the definition of a townhouse, placed side-by-side and/or back-to- back. This is an unusual definition that should either be merged with the definition of Town house above or addressed in use-specific standards applicable to specific zoning districts. The current UDC also addresses temporary forms of housing, like transitional and emergency shelters. These types of facilities, which generally provide related services for their occupants and provide only temporary housing. While important to the City’s comprehensive approach to housing, these housing types do not increase the overall amount of capital “A” affordable or small “a” affordable long-term housing and are not addressed in this report. Revise Project Design Standards Project design standards (also referred to as “development standards”) are groups of regulations that apply to a lot or development in in each zoning district. Typical development standards include parking, landscaping, screening, parks and open space dedications, and building design. Bozeman has project design standards for all of these categories, as well as standards for privacy, pedestrian circulation, vehicular circulation, and on-site open space. While each of these topics contribute to the enviable quality of life enjoyed by Bozeman residents, the number of standards and criteria related to each of these topics is unnecessarily long. In our experience, very lengthy and detailed lists of project design standards often reflect a desire to avoid all possible unintended consequences of a proposed development, but they can also add significant costs to the proposed development and increase the time and expense of preparing and reviewing applications for new housing developments. In general, we believe that “more words do not necessarily make for better development;” in some cases they increase development costs far beyond the public benefits created by compliance with the standard. This section includes recommendations for changes to these standards to encourage the development of more affordable housing without eroding the quality of life in Bozeman’s neighborhoods. 517 Bozeman UDC Affordable Housing Assessment |37 Applicability and Compliance (Sec. 38.500.020) Applicability and compliance standards describe when redevelopment of an existing site or structure will be required to come into compliance with new regulations adopted after the initial development of the property. The current applicability and compliance standards are clear and understandable and establish three different thresholds at which the current project design standards are applied. Level I standards are applied to minimal improvements, Level II standards to a middle range of improvements (increases in building area by 20-50%) that do not involve relocating a structure, and Level III standards are applied to extensive improvements (an increase in building area larger than 50% or the relocation of a structure). At each threshold, a specific level of compliance with any new or changed regulations is established. The Level I and II requirements for improvements or compliance are consistent with similar approaches in other communities, but Level III thresholds and compliance standards should be reviewed and revised to promote affordability. A project that triggers Level III standards will be required to fully comply with all applicable development standards. Depending on the structure and site, this can be an expensive change that effectively discourages any redevelopment of the site. To avoid this result, some communities set the Level III threshold at a 75-80% increase in building area, which can allow the property owner to allocate more project funding to interior improvements, including the creation of additional housing. Alternatively, the UDC could be revised to raise the Level III threshold just for those projects that include a significant number of new residential units, or to exempt those projects from compliance with some of the façade, site design, or parking requirements. 518 Bozeman UDC Affordable Housing Assessment |38 Block Frontages (Div. 38.510) The UDC is currently a mix of traditional and form-based code controls and an overall code analysis should include a look at whether these regulations work together or at cross-purposes. Of particular note is the citywide applicability of form-based regulations such as block frontages, which in many hybrid codes would only be applicable to those areas where form regulations have been specifically created to reflect local character. The block frontage standards establish the range of street-facing elements, such as building location, parking lot location, and landscaping, for which consistency of design and application are important to maintain a consistent or compatible design character in different areas of the City. This map provides a sample of downtown block frontage designations: From an affordable housing perspective, the concern about broadly applied block frontages is that they may inadvertently combine a limited list of available ground floor uses with a requirement that the ground floor be designed for commercial occupancy (through minimum commercial use depth requirements and minimum floor-to-ceiling height) in locations where there is inadequate market to support non-residential ground floor uses. The block frontage standards could be clarified and adjusted to encourage the creation of additional housing as follows: Section from Bozeman Block Frontages Map (bozeman.maps.arcgis.com) 519 Bozeman UDC Affordable Housing Assessment |39 1. Storefront Frontage This frontage is intended for use in “vibrant and active shopping and dining areas;” the Frontages Map should be reviewed to ensure that Storefront Frontage is carefully applied to those current or future locations where that description is accurate and economically viable. The City could clarify in Table 38.510.030.B that the ground floor non-residential use requirement is only applicable to the minimum non-residential space depth. It could also reduce the required minimum non-residential space depth from 20 feet to a floating standard that accounts for different structures sizes, such as the lesser of 20 feet or the front 1/3 of the ground floor. In Section B.3.d, the UDC could provide examples to clarify what “an acceptable tradeoff” might include. In areas where the changes discussed above would allow ground floor residential occupancy, reduce or waive the minimum ground floor height requirement (or remove those frontages from the frontage segment maps). 2. Mixed Block Frontage Mixed Block Frontages can be used “to accommodate a mix of ground floor uses and allow a diversity of development frontages.” Mixed block frontages are likely intended to provide design flexibility to property owners, but that may not result in effective plan or code implementation. To avoid overuse of the Storefront frontage and its limits on ground floor residential use, the City could limit the use of Storefront Frontage in the Mixed Block Frontage to match the specific intent of where Storefront should be located. The UDC could also include standards for a “general building” where the Mixed Block Frontage applies, reflecting that not all mixed-use buildings need to have a Storefront design. The City has recently removed an impediment to single-use residential building along mixed block frontages by eliminating the requirement for a 13-foot minimum ground floor-to-ceiling height on the ground floor. 3. Landscaped Block Frontage The Landscaped Block Frontage intent indicates that this frontage is applied to “all new and existing streets in applicable residential districts, plus . . . residential based streets and other streets in commercial/mixed-use zoned areas where special landscape frontages are desired.” This is a very broad applicability statement. Many communities with form-based code provisions apply these standards to commercial and mixed-used areas, but not to residential multi-household or lower intensity residential areas. Applying this frontage type in a residential setting may simply increase the complexity of the design and the time it takes to review the project. 4. Interior Street Frontage This frontage applies to “some existing commercial storefront areas that are located on internal roadways. The interior street frontage requires a 12-foot minimum sidewalk “walking surface”, which could be replaced with a more contextual requirement that takes into account existing development on the street as well as adjacent non-storefront areas, and a narrower width allowed in existing areas where significant future pedestrian activity is not foreseen. 5. Structured Parking Facility Frontage The standards for this frontage specify that “parking structures should be located behind buildings in the interior of blocks or below grade. Parking garages that front streets must line the parking garage at street level with an active use.” Where parking garages have a street frontage, on the street level only, they must be “wrapped” with a commercial or residential use. In areas where this requirement applies, the standards could be revised to allow the upper floor of the structure to be designed for 520 Bozeman UDC Affordable Housing Assessment |40 future conversion to residential uses as an alternative to wrapping structure with commercial or residential uses. In many cases, designing the structure for future conversion to housing uses may be more cost-effective than requiring relatively narrow “wrap” structure (for which there is often limited market demand). On-Site Residential and Commercial Open Space (Sec. 38.520.060) We understand that Bozeman is in the enviable position of having a well-supported parks and recreation system with enough dedicated land to provide a high level of park services to the entire City. To match the need for more housing with the availability of parks and open spaces, we recommend reducing and redesigning the usable residential on-site open space requirement for development located within a reasonable and safe walking distance from a park. Current planning practice estimates that most people will walk about five minutes to reach a park, which typically equals about .25 mile or 1,320 feet of distance. In consideration of the more local outdoor needs of children and pets, smaller on-site open spaces with amenities such as tot lots and pet friendly green spaces can be required instead. Parking (Div. 38.540) During the early outreach efforts for this Assessment, minimum parking requirements were cited more frequently than any other element as increasing housing development costs. There are two primary ways that parking requirements drive up project costs. First, parking typically must be provided on-site (on the same lot as the housing development), increasing the amount of land a project requires and driving up land cost per dwelling unit. Second, although enclosed parking is not required in Bozeman, many developers choose to construct garages to meet minimum parking requirements which further increases construction costs. While some newer development codes have eliminated parking requirements altogether, most communities still require some minimum level of parking for most residential uses. On-site parking minimums are established in an effort to prevent traffic congestion caused by residents parking on streets and overflow on-street parking in adjacent residential neighborhoods. In looking at the significant costs to development and the community created by parking, there has been a great deal of academic and practitioner discussion about the amount of “overparking” that has resulted from standards based 1960s assumptions about parking demand. Many communities are now moving to reduce the amount of on-site parking required. Historically, it was not uncommon for development codes to set parking requirements for multi- household development based on number of bedrooms; newer codes increasingly drop that approach. The correlation between bedrooms and car ownership is not very strong and this approach tends to drive up the cost of housing for larger families. It is also unusual for a per-bedroom parking requirement to apply to single-household, townhouse, and two-household structures. We recommend that per-bedroom parking requirements be replaced by per dwelling unit (DU) standards shown as shown in the table below. The Shelby in Alexandria, Virginia, wraps 240 dwelling units around 384 parking spaces (KTGY Arch. + Planning) The Shelby in Alexandria, Virginia, wraps 240 dwelling units around 384 parking spaces (KTGY Arch. + Planning) 521 Bozeman UDC Affordable Housing Assessment |41 Recommended Changes to Residential Parking Requirements Dwelling Type Current Requirement Proposed Minimum Req. Up to four-household dwelling One-bedroom: 1.5 spaces/unit (R-5 = 1.25) Two-bedroom: 2 spaces/unit (R-5 = 1.75) Three-bedroom: 3 spaces/unit (R-5 = 2.5) More than 3 bedrooms: 4 spaces/unit (R-5 = 3) 1 space/DU Townhouse/ Rowhouse One-bedroom: 1.5 spaces/unit (R-5 = 1.25) Two-bedroom: 2 spaces/unit (R-5 = 1.75) Three-bedroom: 3 spaces/unit (R-5 = 2.5) More than 3 bedrooms: 4 spaces/unit (R-5 = 3) 1 space/DU ADU 1 space per ADU No additional parking space required. Manufactured home 2 spaces per unit 1 space/DU Cottage housing, or tiny house development Not listed 1 space/DU Apartments Efficiency and one- bedroom Efficiency: 1.25 spaces/unit (R-5 = 1) One-bedroom: 1.5 spaces/unit (R-5 = 1.25) 1 space/DU Two-bedroom and larger Two-bedroom: 2 spaces/unit (R-5 = 1.75) Three-bedroom: 3 spaces/unit (R-5 = 2.5) More than 3 bedrooms: 4 spaces/unit (R-5 = 3) 1 space/DU 1. Changes to General Provisions (38.540.010) In addition to reducing the minimum required parking, some changes to the general provisions in the UDC parking chapter could allow for additional flexibility in site design and more affordable housing development.  Flexibility in parking requirements can facilitate adaptive reuse of structures, such as conversion from non-residential to residential, that might not otherwise be possible with strict adherence to parking standards. Some newer codes provide that the existing amount of parking on site cannot be reduced but additional parking will not be required, and we recommend that change to Bozeman.  While the UDC already permits off-site parking within 1,000 feet of a use in the B-2M zoning district, the City should consider permitting off-site parking within a stated distance of any use. This could be helpful in facilitating the development of new housing types such as cottage housing and tiny home communities, which can be good candidates for small scale infill development but may not be able to meet on-site parking requirements.  In the commercial and mixed-use districts, we recommend that the City adopt a system of shared parking conversion factors that account for use of a single parking space by different users at different times of the day, rather than requiring the preparation of a parking study to support a shared parking adjustment. This saves the time and expense of preparing a study and recognizes that tenant turn-over makes most the usefulness of site-specific studies very limited. Most newer codes do not require the submittal of parking studies except for very large and complex projects or those applications requesting significant deviations from other code requirements. 522 Bozeman UDC Affordable Housing Assessment |42 2. Update and Expand Parking Reduction Allowances The current UDC contains several provisions that allow for a reduction in the number of required on- site parking spaces in specific circumstances. These types of reduction factors are common in newer development codes and can be a significant factor in promoting small “a” affordability. Based on practices in other medium-sized cities, we recommend the City consider the following changes to the current parking allowances.  The reduction of minimum parking requirements in the R-5 zoning district could be expanded to the R-4 district, and to other relatively dense mixed-use nodes in Bozeman. The definition of dense mixed-use node or center can be defined and included in the regulations to ensure consistent applicability. Bozeman should also consider adding a new reduction for senior housing.  Age-restricted housing developments are often permitted to provide parking at a rate up to 50% lower than the rates required for similar housing structures that are not age-restricted. While Bozeman already has a provision allowing group homes and community residential facilities to request an adjustment if the operator can demonstrate that the residents are not permitted to operate motor vehicles, this proposed change would be more broadly applicable, and would be available simply based on documentation of the age-restriction (rather than requiring discretionary approval of a request to the City). Covenants and Homeowners Associations The changes recommended in this section can have important positive impacts on the cost and construction of housing in Bozeman by reducing the amount of lot area required and increasing the amount of structure permitted. However, these improvements can be undercut by property-owner- imposed deed restrictions (“covenants”) that mandate specific lot sizes or structure sizes or that limit housing structures or uses. Covenants are private contracts between the property seller and the buyer and can be more restrictive than the UDC. The City is currently working to educate developers about the impacts of covenants on long-term affordability in Bozeman and needs to continue in this effort. In addition, the City may want to consider discouraging the future creation or adoption of new covenants inconsistent with Bozeman’s desire to promote affordable housing. 523 Bozeman UDC Affordable Housing Assessment |43 OUTCOME 2: PRESERVE EXISTING AFFORDABLE HOUSING While most discussions of affordable housing focus on vacant land development and redevelopment, it is equally important to identify ways in which the Unified Development Code can be used to preserve existing housing, and to reduce speculative pressures to expand or replace that existing housing with more expensive housing over time. Some of the proposals explored in this section are designed to limit both the net loss in the number of small “a” affordable dwellings if and when some of those older structures are replaced with larger numbers of units. Discourage Redevelopment of Naturally Occurring Affordable Housing Neighborhood Conservation Overlay District (NCOD) (Section (38.340.010) The NCOD overlay district was created in 1991 to stimulate the restoration and rehabilitation of buildings that contribute to the character and fabric of specific established neighborhoods. This district covers three distinct areas: (1) Downtown, (2) neighborhoods north of Downtown, and (3) neighborhoods south of Downtown. Specific designated historic structures and areas are interwoven into the NCOD and are described in the “Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District.” Construction in this district must be in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings and must meet specific architectural appearance design guidelines related to height, scale, massing, and materials. A “Certificate of Appropriateness” is required for all work in this district with a few exceptions (e.g., egress windows, fences). Deviations from dimensional and development standards are allowed within the Conservation Overlay District, but an applicant must demonstrate that proposed deviations are more historically appropriate to the building and/or site than the underlying standard. Deviations are not available for uses. The 2015 NCOD Audit recommended removal of the NCOD by 2020 and replacement with smaller more specific overlay areas for the Historic Districts and general design guidelines to promote compatible development outside the districts. In 2019, the Bendon Adams Report instead recommended keeping the overall NCOD boundaries intact (with minor adjustments) but breaking the NCOD program into two programs – one to preserve historic buildings and another to protect neighborhood character and context for the three specific areas listed above. Following that report, further conversation in Bozeman is now focused on eliminating the NCOD while maintaining both the preservation function and neighborhood character protection through the creation of new base or overlay zoning districts that are tailored to meet these two priorities. We generally support this change. More specifically, we support the separation of the historic preservation function for individually listed structures and districts (and the continued application of the Certificate of Appropriateness system to modifications of those buildings) from simpler neighborhood conservation (but not historic) redevelopment standards. We also support a recommendation that NCOD areas not designated as historic structures or districts be placed in one or more new base or overlay districts (perhaps one for each for the north of Downtown and south of Downtown areas) with simpler neighborhood conservation standards that do not overlap with the Secretary of the Interior’s standards and that are applied administratively by City staff. Although NCOD was designed to protect and preserve housing and character, the new neighborhood character zoning district(s) could be designed to better conserve existing housing in order to address 524 Bozeman UDC Affordable Housing Assessment |44 Bozeman’s housing affordability challenge. More specifically, conservation of existing smaller housing should be a primary focus in those new zoning districts designed to replace the NCOD. The City should consider a provision that existing single-household dwellings in these the areas north and south of Downtown only be allowed to expand by a certain percentage of their existing size during any five-year period, unless the single-family use or structure is replaced by another form of housing (such as a two- household, three-household, or four- household use) that increases the housing supply. As an alternative to a percentage size control, the City could revise the current standards to establish maximum home width, depth, or volume standards that would prevent the replacement of existing homes with much larger homes. Any such standards should be based on the established scale and character of homes in the zoning district, and should be careful to define any houses that already exceed the stated maximums as legal conforming (not nonconforming) structures. Additionally, the new neighborhood character district(s) should be designed as either strictly residential or mixed-use districts with a limited structure footprint size. While the current NCOD district applies design and development standards to the broad range of residential and non-residential development permitted in the underlying base zoning district, there is a risk that the availability of higher intensity or higher value non-residential uses in the underlying zone district could lead to the replacement of existing smaller homes with those uses. In order to discourage demolition and replacement of existing smaller homes with non-residential uses, the City could consider imposing a 5,000 square foot size limit on the gross square footage of non-residential uses (excluding civic uses required to provide public services) in the new character districts. New Affordable Housing Protection Overlay District In light of current and foreseeable market pressures, it is likely that existing smaller, more affordable houses in many areas of Bozeman will continue to be purchased, demolished, and replaced by larger, more expensive homes. While the replacement of existing single-household structures with two-, three, four-, or multi-family structures would add new housing supply that could help remove market pressures, the replacement of an old home with a new home does not add supply. In order to help preserve Bozeman’s existing stock of smaller, older, more affordable homes, the City may also want to consider creating a housing preservation overlay zoning district that could include limits on home expansion, maximum house width, depth, or volume, or other standards designed (similar to those described for the character-based replacements for the NCOD district above) to ensure that redevelopment of existing homes results in new homes that “fit” with their neighbors while discouraging the purchase of existing homes to replace them with much larger and more expensive houses. This new overlay would be designed to apply in areas other than the areas north and south of Downtown currently covered by the NCOD and could also limit the ability to replace existing smaller homes with non-residential uses (particularly larger ones) that would otherwise be allowed in the underlying base zoning districts. Residential Manufactured Home Parks (RMH) (Sec. 38.300.100.G) Residents of manufactured home parks rarely own the land under their homes; instead, it is often owned by a park operator who may or may not have an interest in preserving and maintaining the park. Throughout the country, communities are increasingly viewing manufactured home parks as a valuable source of already-existing affordable housing and are taking steps to prevent the removal of those parks that are viable, safe, and have been developed with proper infrastructure connections. Bozeman should consider whether those manufactured home parks already zoned RMH should be further protected in ways that do not interfere with the operation of those parks (as required by Montana law). As an exception, most newer codes do not discourage the redevelopment of parks containing homes that do not meet HUD safety standards for manufactured homes under the National Manufactured Housing Act. 525 Bozeman UDC Affordable Housing Assessment |45 The City may also want to consider allowing redevelopment of manufactured home parks in ways that add to the overall housing supply (as opposed to redevelopment for non-residential purposes), as discussed for the neighborhoods north and south of Downtown above. Some of the existing manufactured home parks, however, are not zoned RMH. Zoning ordinances that include existing mobile home parks as one use in residential or mixed-use zoning district that allows a wide variety of alternative uses make it easier for owners of manufactured home parks to redevelop the property (and displace existing residents) in favor of a higher value residential or mixed-use development. Where manufactured home parks in Bozeman are not zoned RMH -- as is the case with the Wagon Wheel Trailer Court at 23rd Street and College Street (which is zoned R-O) or the Gallatin Valley Trailer Court north of Griffin Drive (which is zoned M-1). The City should evaluate the continued viability of those parks as sources of affordable housing in light of health, safety, and infrastructure standards, and should consider discussing with the property owners rezoning the viable parks into the RMH zoning district, if possible, in order to preserve this important source of small “a” affordable housing. 526 Bozeman UDC Affordable Housing Assessment |46 OUTCOME 3: MAKE DEVELOPMENT STANDARDS MORE PREDICTABLE Over the past several years, Bozeman has revised the UDO to allow many types of development to be approved administratively and without a public hearing. This is consistent with national trends to promote efficient, predictable development, and this fairly high level of administrative decision-making should be continued. In order to obtain administrative approval, however, Bozeman’s UDC requires compliance with an exceptionally large number of development standards and criteria, which adds time and expense to the development review and approval process. More specifically, the City’s long list of standards and criteria related to specific uses, community design, project design, and natural resources are often subjective, which makes it difficult for applicants, staff, boards, and the general public to confirm that the standard has been met. In addition, some of the standards and criteria overlap in ways that make it difficult to comply with two or more standards addressing the same topic. One example involves the City’s residential lot development standards (discussed above), which currently require compliance with minimum lot width, minimum lot area, minimum building setbacks, maximum lot coverage, maximum backyard lot coverage, and in some cases maximum FAR and minimum private open space – a total of seven different parameters to regulate the relatively simple question of where a building can be located on a residential lot. Similarly, detached ADUs must meet three types of standards: the base district standards for lot area, width, setbacks, height; the ADU-specific standards related to setbacks, location, size, and height; and standards for accessory structures related to location, footprint, setbacks, and height. For all these reasons, the City should consolidate and simplify many of the current standards and criteria in order to improve the efficiency and predictability of the development review process. In addition to the examples below, Title 38 Articles 4, Community Design; 5, Project Design; and 6 Natural Resources Protection, repeat the same standard or criteria in multiple sections. Although not directly affecting housing affordability, those repetitive standards add unnecessary time and expense to both the application process and the City application review process. In general, each substantive standard should be stated once, and only at the stage(s) in the development approval process where the information needed to confirm compliance with that standard is available and relevant. Provide More User-Friendly Explanations There are many existing provisions in the current Bozeman UDC that could contribute to the creation of additional or less expensive housing. However, these provisions can be difficult for the public to find, such as when they are located in footnotes to a table, or difficult to understand, such as when they included in a larger category or uses with a very general name. Listed below are some examples of zoning terms and standards concepts that are not well explained in the UDC but that are relevant to achieving more affordable housing through project design. In a broader code rewrite, these provisions should be clarified for the benefit of both professional developers and non-professional code users. In Bozeman, under the current UDC:  There can be multiple primary structures on a lot, provided there is sufficient lot area.  There are no minimum requirements on the size of structures as long as they conform to building code (which means that tiny houses are just houses, and micro-units are just apartments).  An existing single-household dwelling may be internally converted to two units (either duplex or internal ADU, depending on district permissions) if it meets the lot size requirement, which are larger than that required for a single unit. 527 Bozeman UDC Affordable Housing Assessment |47  Stacked flats, where a single entrance leads to 2 or more units in one structure, is a permitted building type, with number of units limited only by the types of housing use listed in the zoning district regulations.  A very broad range of housing arrangements are included in “group living” and “cooperative household” categories.  The broad definition of household allows for renting rooms within a housing structure to unrelated tenants, up to an occupancy limit of 8 people (building code permitting) and is not categorized as a rooming or boarding house. In addition to making these changes within the UDC, the City should prepare a UDC Users’ Guide that explains development categories, such as group living, and site layout concepts, such as block frontages, in non-regulatory language and with the support of illustrations and photos. This can make the legal language of the UDC more accessible and help describe the multiple approaches that may be taken to accomplish what the code allows. General Provisions (Art. 1) Move Sec. 38.100.070, Conditions of Approval, to Permits section. Zoning Districts and Land Uses (Art. 3) Intent and Purpose Statements (38.300.100 to .130) The language in intent and purpose statements is policy-oriented and non-regulatory and can be used as guidance for a wide range of project and site design decisions. Because these types of statements are inherently general and subjective, the UDC should make clear that they are not to be used for regulatory purposes unless they are specifically listed as a criteria to be met for specific types of development approvals. We recommend that the current intent and purpose statements be reviewed, revised, and shortened to better link to the 2020 Community Plan, better describe the City’s housing development goals, and provide guidance about how the various zoning districts and use standards can be applied to promote preservation and production of affordable housing. Permitted Uses (38.310) This section describes, through a series of use tables, which uses are permitted in which zoning districts in Bozeman. We recommend that the City consider the following improvements to promote housing affordability.  Create a single use table that shows allowed housing types across all zoning districts – residential, commercial and mixed-use, industrial, and public -- for ease of user comparison. A single use table also reminds the City to consider amending existing housing use definitions to encourage flexibility, rather than adding new, narrowly-defined uses, each time a new type of housing is proposed. It also makes it easier to make innovative types of housing available in additional zoning districts as the City gains experience with any unanticipated impacts and how to mitigate them.  Move substantive regulations out of use table footnotes. Regulatory drafting, as a form of legal drafting, should limit the use of footnotes to “useful but not critical” information. Many of the current table footnotes could be moved into either Div. 38.330: Zone Specific Provisions, Div. 38.320: Form and Intensity Standards, or Div.38.350: General Land Use Standards as appropriate. For example, Table 38.310.030.A: Permitted General and Group Residential Uses in Residential 528 Bozeman UDC Affordable Housing Assessment |48 Zoning Districts, has this note regarding the R-O district: “The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area.” This is significant information regarding applicable regulations for this district and (in addition to being revised as recommended earlier in this report) should not be located in a located in a table footnote. Potential housing developers and redevelopers should be able to find substantive standards, conditions, or qualifications grouped in a location with similar information in order to accurately compare redevelopment opportunities across different zoning districts.  Remove words like “encouraged” and “preferred” from use regulations. For example, in the REMU district: “2. Developments are encouraged to include non-residential uses, especially commercial and neighborhood support services, mixed horizontally and/or vertically, to promote compact, walkable and sustainable neighborhoods.” Words like these create ambiguity as to whether (1) the City is simply requesting something, or (2) whether it can deny an application for failure to follow the guidance, or (3) whether it can condition an approval on compliance with the guidance. Words like these create ambiguity among the applicant, citizens, and staff as to what is required by the City, and should generally be limited to non-regulatory planning documents or purpose and intent statements. Form and Intensity Standards (38.320) In addition to our recommendations for substantive changes to Form and Intensity standards to promote housing affordability on page 38 above, there are many ways in which the wording of these standards could be improved to remove risk and unpredictability from the housing development process. The following are examples (not a complete list) of the types of standards that should be revised. 1. Revise General Instructions for Clarity and Consistent Application Current Sec. 38.320.020.A provides general information about the lot area and width standards and contain subjective terms that decrease development predictability. “1. All lots must have a minimum area as set forth in the form and intensity standards tables within this division and the more restrictive applies. These minimums assume a lack of development constraints. All newly created lots must have a minimum area adequate to provide for required setbacks and parking as set forth in the tables within this division. Lots less than 3,000 square feet, or less than 25 feet wide may be limited in their ability to comply with other required standards of the municipal code. 2. All lots must have a minimum width as set forth in the form and intensity standards tables within this division. These minimums assume a lack of development constraints. All lots must conform to development standards for provision of public and private utilities. 3. Lot area and width may be reduced to allow a density bonus through the PUD process. The amount of a bonus, methodology for calculating the bonus, and standards for allowing a bonus are described in section 38.430.090.E.2.b(6).” The predictability of these standards could be improved by removing (1) the text regarding lack of development constraints, (2) the text about accommodating required setbacks and parking tables, (3) the text about smaller/narrower lots finding it difficult to comply with other UDC standards, and (4) 529 Bozeman UDC Affordable Housing Assessment |49 the text about provision of public and private utilities. Most newer codes simply establish minimum lot standards for each zoning district. While each of the UDC requirements (including parking, utilities, setbacks, and landscaping, among others) apply, each of those is checked once when development is proposed, and the ability to meet those standard requirements is general not reviewed when confirming minimum lot sizes. In addition, the text about adjustments through the PUD process is unnecessary, as that applies to all UDC standards that may be modified through the PUD process. In addition to removing repetitive or subjective language, a common understanding of UDC standards could be significantly improved by providing illustrations and drawings of what is required and how measurements are made. 2. Design Review While many medium-sized cities across the country have a design review process, for relatively small projects, a requirement for additional review by the Design Review Board (DRB) can add time and uncertainty to housing development projects. Although UDC 38.230.040 clarifies which types of projects can receive administrative rather than DRB design review, the City may want to raise the upper limit for administrative design approvals for housing projects above the current limit of 45 dwelling units in order to facilitate faster approval of those projects. This recommendation is offered with the understanding that, at the time of writing, changes are underway regarding the number and duties of Boards within the City, and final changes may eliminate the need for this recommendation. Community Design (Art. 4) In General The Community Design article focuses on important city, neighborhood, and site development elements that are required to be incorporated into many subdivisions and multi-structure development projects. As with some other sections of the UDC, the list of standards and criteria that need to be met is longer, more repetitive, and in some cases more subjective than those found in newer development codes. In many cases, these standards and requirements are applied at the time of subdivision plat approval, while in other cases they are reviewed for compliance at the time of site plan or master site plan approval. In a third category of cases (which should be relatively rare) a specific standard is reviewed for compliance at both of these stages in the development process. Unfortunately, the current UDC does not clarify at which stage of land development some of the standards will be applied, which can lead to wasted time and effort in the application process. For example, an applicant may spend time and money to document compliance with a standard in an application for a subdivision plat approval, when the City does not in fact review that aspect of development for compliance until a specific development is proposed for a specific parcel within the approved subdivision. In addition, many of the standards in Article 4 appear to be drafted to apply to raw land development, while others would logically apply to only small- scale infill or redevelopment projects, but the UDC text does not always make that distinction clear. Revising this article to clarify the stage of development and the types of applications to which the standard applies could significantly increase the responsiveness of applications for new housing development as well as reducing the costs of preparing a responsive application. Infill development has a different context than new development. (Lebanon, TN, infill overlay) 530 Bozeman UDC Affordable Housing Assessment |50 Transportation Facilities and Access (Div. 38.400) This section includes many examples of subjective standards that add unpredictability to the development process, even for those applications that meet the more objective standards related to streets and access. Examples include the following:  Uncertainty created by requiring that streets must meet right-of-way and construction standards in four different documents (one of which is a plan rather than a regulation), because those standards may not be consistent with each other. The requirements to submit a pavement design report based on specific site soil data and design-year traffic loading conditions prior to submitting plans and specifications is unusual, and many communities would only require this for larger projects or areas of known soil challenges.  An apparent requirement that intersections with arterial and collector streets operate at minimum level of service C regardless of the size of the project, for a design year that is at least 15 years following the date of the application, is also unusual. Documenting compliance with this requirement can be onerous for a small housing project, and although exceptions are available, they require the review authority to make four separate findings, which would themselves be difficult for a small project to meet.  Requirements for each lot to have a minimum of 25 feet of frontage on a public or private street may be dated, and some newer codes would allow a narrower frontage to encourage more efficient design without the need for a Master Site Plan or PUD approval.  Uncertainty is also created by text stating that consolidation of access points onto public streets “is desired and must be considered during all levels of site plan review”, because compliance with most types of development standards is reviewed at a defined point in the process (in order to avoid the cost of documenting consideration more than once) and because each instance of language like “desired” or “considered” creates ambiguity as to whether the City may deny or condition an approval based on failure to meet the desired design. Community Design and Elements (Div. 38.410) This section of the UDC, too, has numerous instances where standards are repeated in more than one section, as well as ambiguous language for which it would be difficult to demonstrate compliance in an administrative review process. In addition, the number of standards and criteria in each category itself adds time to both the application and the review process. Examples include the following:  A requirement that “the lot size, width, shape, and orientation must be appropriate for the location and contemplated use of the development”, because the use of words like “appropriate” leave wide room for the applicant and City staff to disagree as to whether the standard has been met.  A requirement that residential development contain a variety of lot sizes, regardless of the size of the proposed development. While variety in residential lot size and design is almost always favored, it may be General statements about lot design may cause unintended conflicts 531 Bozeman UDC Affordable Housing Assessment |51 difficult for small infill or redevelopment projects to meet this standard, and the wording of the standard makes it unclear what level of variety will meet the standard. Planned Unit Developments (Div.38.430) A recommended replacement for this section has been provided to the City in a separate document. Project Design (Art. 5) The Project Design article includes site-specific development standards that are required to be incorporated into site-specific development applications. In addition to covering topics normally included in project design, however, it also repeats many of the standards or considerations listed in Article 4 (Community Design). While this is sometimes necessary, it is often not necessary, because decisions made to comply with Community Design requirements effectively address the issue, or because the consequences of those earlier decisions are difficult to mitigate through Project Design. In other cases, it is more efficient to only apply the standard at the Project Design phase because the information required to demonstrate compliance with the standard is not available (or only available at a high cost) at the Community Design stage. Examples of standards and criteria in this section that increase cost and uncertainty in ways that raise housing costs include the following:  A provision permitting departures from the order of priority of block frontages, if the location and orientation of the buildings “are compatible with the character of the area and enhance the character of the street” because “compatible” is a subjective term, open to differing interpretations, which creates uncertainty.  A requirement that windows providing the only solar access to a multi-household dwelling unit be set back 15 feet from the property line, which directly increases the amount of land required for this type of development, with departures again requiring a determination of “compatibility”.  A requirement that multi-household residential development provide a specially marked or paved sidewalk through parking areas, regardless of the size of the development or parking area, where many newer codes would apply this standard only to larger projects and parking lots. Natural Resource Protection (Art. 6) The Natural Resource Protection article includes Bozeman’s floodplain and wetland regulations. Because these standards, criteria, and permitting procedures are closely tied to federal and state regulations, and because they very directly impact public health and safety and protection of environmentally sensitive areas, they are usually not modified, adjusted, or waived to help achieve other community planning goals (even for small projects). We recommend that these regulations be reviewed as part of a larger UDC updating process so that the impacts of any changes can be evaluated from the perspective of multiple competing community goals, rather than just from the perspective of promoting housing affordability. Definitions, Terms, and Measurements (Art. 7) The UDC contains a list of terms that are subject to multiple interpretations. In addition to better defining (or eliminating the use of) terms like “compatible”, “harmonious” and “appropriate”, as discussed above, we recommend that Bozeman review and define terms and phrases like “residential character”, “consistency with established development”, “good access”, and “special significance”. Because of the inherent subjectivity of these terms and the difficulty of confirming whether then have been met, our primary recommendation is that use of these and other similar terms be discontinued and be replaced by objective development standards and approval criteria that help contribute to these goals. If that is not 532 Bozeman UDC Affordable Housing Assessment |52 possible, then the terms should at least be defined and the factors to be considered (or not considered) in determining compliance should be identified in the UDC. As an example from another community, the term “consistent architectural treatment ” is defined in one recent code as follows: “A consistent architectural treatment is one where all building walls have defined levels of articulation and use different combinations of the same materials.” 533 Bozeman UDC Affordable Housing Assessment |53 OUTCOME 4: RETHINK THE HOUSING REVIEW PROCESS Changes to the UDC substantive regulations to make the production and preservation of affordable housing a regulatory priority should be supported by changes to the review and approval procedure to ensure that both small “a” affordable and capital “A” affordable projects move from design to construction smoothly and predictably. This section of the report is focused primarily on changes within the UDC, but also includes some targeted suggestions regarding management of the development review process. Reconsider Required Detail of Housing Application Requirements In general, the development review processes included in UDC Article 2, Permits, Legislative Actions and Procedures, appear very detailed and “front-loaded” in terms of submission requirements required for the initial stages of any review. This issue is not unique to Bozeman; many communities have tension between how much information is needed for good decision-making and what amount of development detail an applicant should be required to provide (and pay for) for initial development approvals. During the first round of public outreach for this report, we heard that this balance is currently tipped in favor of the City, with a development review process that requires significant detail about the project design in order to submit an application that will be considered complete. Requiring this level of detail at the outset can slow down the review process by setting the “complete application” hurdle too high and creating a time and expense problem for housing projects, among others. As a result, we hear that many applications are incomplete when they are initially presented to the City, forcing applicants and staff spend time sending the application back-and-forth with comments and responses until the application can begin to be reviewed against UDC standards. Requiring a complete application (referred to as “adequate” in the UDC) before beginning to review it is a regulatory best practice that the City should continue to follow. However, the City should consider whether a lower level of detail could be required for initial applications, with more detail to be provided (and the professional expertise to prepare those additional materials to be paid for) after initial approvals have been granted. This, in turn relates to the number of Community Design and Project Design standards and criteria discussed in Outcome 3 above, because the more standards apply to each step of the approval process, the more detail needs to be provided to meet those standards (or to propose a compromise approach between two standards that are in tension with one another). There are three procedural approaches to re-balancing the level of detail required with the level of approval being sought by the applicant, all of which may be applicable to the current processes and submission requirements: Adjust Initial Submission Requirements Review the individual submission requirements for each type of application to determine the relative need for detail at the different permitting and project design stages (e.g., 30% design at site plan review, 60% The level of detail required for preliminary road design may be significantly less than that required for preliminary stormwater design. (US EPA) 534 Bozeman UDC Affordable Housing Assessment |54 design at construction plan review, and 90% design at building permit application). This proposal sometimes faces two objections. First, that the applicant will propose one thing and build another, but that concern can be addressed through requirements that later submissions comply with the approvals of earlier submissions and that any major deviations from those earlier approvals, as defined in the UDC, will require the applicant to submit a completely new application. Even then, however, the UDC could require that only those pages or portions of the application that are being significantly altered (and other pages dependent on them) need to be a part of the re-application. Second, this change sometimes brings concern that the applicant will not, in fact, be able to submit a later stage application that is consistent with the first approval due to unforeseen engineering, soil, unmarked infrastructure, or other constraints. The response is to clarify in the UDC that the risk of unknown site conditions is borne by the applicant, who can perform additional site or engineering analysis at their own expense in order to minimize this risk, or simply take the risk. Most newer development codes allow the applicant to make this decision in order to reduce the up-front costs of preparing earlier application documents. If the applicant chooses this option, obtains an early-stage approval, and finds it impossible to submit a consistent follow-on application, the first stage approval may expire, and that step may need to be repeated. That result, however, would be the result of applicant choice, and not because the City required more detailed approval than was really required to grant the first approval. Create Major/Minor Categories Create Major/Minor application and amendment categories that better reflect the detail of information needed in the application process. Some communities, for example have a minor site plan process (which is what the current Sketch Plan Review process appears to be) as well as a method to process a minor change to an existing approval. UDC Sections 38.230.150 and .160 establish the criteria and processing method for current approvals and do allow for administrative approval where there are no significant changes to the original plan. The triggers for “significant” and inclusion of DRB review should be revisited to determine whether this section can be revised to allow more amendments to be processed administratively. Revamp the Waiver Process Some communities also allow submission requirements to be adjusted through a waiver process. The UDC includes this approach in Sec. 38.230.090.D.4: “The DRC may grant reasonable waivers from submittal of application materials required by these regulations where it is found that these regulations allow a waiver to be requested and granted. In order to be granted a waiver the applicant must include with the submission of the preliminary plan a written statement describing the requested waiver and the reasons upon which the request is based. The final approval body must then consider each waiver at the time the preliminary site plan is reviewed. All waivers must be identified not later than initial submittal of the preliminary site plan stage of review.” Although it is a best practice to update regulations to reduce the number of needed substantive waivers, it is also a good practice to provide for procedural waivers of application materials that appear to be unnecessary or of very minor applicability to a particular application. The current procedure, though, is relatively awkward in its reliance on the DRC to approve waivers of application materials. Unless the DRC is able to respond to these requests fairly quickly, it could result in delays in preparing the application, since what needs to be included in the application is not known until the next meeting of the DRC. We recommend that the authority to grant submission waivers should be moved from the DRC to the Director 535 Bozeman UDC Affordable Housing Assessment |55 (or the Director’s designee) and an optional pre-application process used to allow applicants to quickly learn whether a waiver will be granted. Clarify Uncertainty in the Application of Subjective Standards Through our community outreach and work with staff, we have heard that the current development application and review process in Bozeman is both “detailed and thorough,” (discussed in the previous section) and “time consuming and uncertain.” It is not uncommon to find thoroughness and uncertainty both living in the same regulations because creating good development often requires the application of some subjective standards to site-specific projects. Subjective standards, as discussed earlier, are typically the provisions that raise uncertainty for both applicants and staff. In the context of development review, subjective standards raise questions how differing interpretations of those standard among Bozeman staff affect the acceptance of an application as “complete”. If, and where, Bozeman staff disagree as to whether subjective standards for a complete application have been met, the City should consider requiring the potential differences in interpretation to be noted and the application deemed complete and allowed to proceed to substantive review. Creating an Expedited Zoning Review Process for Housing Projects To the extent possible, projects that include new housing (that is not at a luxury-level price point) should be allowed to proceed through the fastest development review process. Some options include: Expand Use of Sec. 38.230.070 Sketch Plan Review Bozeman’s current Sketch Plan Review process allows administrative approval of certain applications that conform to applicable UDC standards. A number of housing types are already included in the sketch plan applicability list, including:  Single-household and manufactured homes on individual sites;  One dwelling on an infill site;  Two-household, three-household, and four-household residential units, each on individual lots and independent of other site development;  ADUs in residential districts; and  Group living for eight or fewer persons on a single lot. This list could be expanded to include “any residential development up to 12 units” or a similar threshold as determined by the City. Sketch plan review could also be used for mixed-use development below a specified footprint, such as 10,000 square feet. Create a Housing-Specific Site Plan Process If the constraints and expectations of the current sketch plan process cannot be effectively adjusted to include smaller housing projects, the City could create a tailored site plan process that is housing-specific and that reflects Bozeman’s current housing priorities in its review and approval criteria. Simplify the Review of Manufactured Homes on Individual Lots At a more specific level, the City should consider eliminating the current requirements for photographs and special approvals for manufactured homes to be located on individual residential lots. If the unit meets HUD code, is placed on a foundation as required, meets setbacks, and meets objective design 536 Bozeman UDC Affordable Housing Assessment |56 regulations, the unit should be reviewed and processed in the same way as any other single-household dwelling. Establish a “Maximum Extent Practicable” Standard for Housing Approval The City’s current practice of approving reasonable departures from specific development standards is a very helpful step in navigating a complex development code. Bozeman could take this approach one step further by establishing a “maximum extent practicable” standard for housing projects. Drawn from standards used in environmental litigation and engineering design, this standard allows the Director to determine that an application is: Accomplishing the applicable standard to the level that is achievable using applicable design measures, techniques and methods that are available and capable of being implemented based on available technology and in light of project site constraints. The cost of additional compliance can be considered, but shall not be the determining factor in whether the standard has been met to the maximum extent practicable. Managing What Is Measured In Bozeman, as in most cities, development application review is a joint process that includes multiple departments. Updates and revisions to the UDC may not impact the activities of the Public Works or Parks and Recreation. To gain a better understanding of how the overall review and approval process is running, and where delays might be occurring due to the need to align and coordinate decision across departmental lines, the City should consider expanding the existing Housing Dashboard. Whether as part of a permit review software system or simply on a spreadsheet, the City could start tracking housing project applications of a specific size or type (e.g., more than 10 units or 25 units or as part of mixed-use development) against relevant metrics, such as: a. How long did the application process take and how many rounds of review were required? b. What waivers or exemptions were requested? Sample development dashboard (Adams County, PA) 537 Bozeman UDC Affordable Housing Assessment |57 c. What UDC interpretations were requested, either formal or informal? d. How did the approved project compare to the original concept? e. Where did any delays in the processing flow occur, and why? Measuring these and other parameters can help identify how the efficiency and predictability of the housing project review process can be improved and whether those improvements will require further changes to the UDC, to required application materials, or to interdepartmental management procedures. 538 Bozeman UDC Affordable Housing Assessment |58 OUTCOME 5: REVISE THE ZONING MAP Overview The reality of the current housing challenge is that Bozeman needs to look beyond single-household residential home construction and encourage the development of more two-household, three-household, four-household, and multi-household projects. Because there is little available and undeveloped land currently zoned for higher density residential (R-4 and R-5) or mixed-use development (R-O, B-2M, Downtown B-3, UMU, or REMU) zoning districts, the first and most important step is to determine where these types of new housing can be located. The City’s current approach to obtaining more medium- and higher-density housing is to rely on applicants to proposed rezoning to a higher density district. The rezoning process can be expensive in terms of time and cost to applicants, is inherently uncertain, and is often likely to attract conflict. To remove this significant barrier to producing and preserving affordable housing, the City can use its legislative authority to revise the zoning map, which has not been comprehensively reviewed and updated for many years. Strategic legislative rezoning can make Bozeman housing-ready, while at the same time immediately removing a significant layer of uncertainty and cost. Growth Policy and CHAP Guidance The 2020 Community Plan includes both general recommendations about expanding development opportunities and specific recommendations about priority locations for higher density zoning, both of which can be undertaken through targeted rezonings in Bozeman, including: N-1.3 Revise the zoning map to lessen areas exclusively zoned for a single-housing type. N-1.11 Enable a gradual and predictable increase in density in developed areas over time. N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. N-3.3 Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. DCD-3.5 Encourage increased development intensity in commercial centers and near major employers. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. EE-1.4 Support employee retention and attraction efforts by encouraging continued development of affordable housing in close proximity to large employers. 539 Bozeman UDC Affordable Housing Assessment |59 The CHAP, at page 18, includes recommendations of similar scope: With the goal of allowing increased density where appropriate this strategy would seek to identify areas where density could contribute to increased housing supply. The strategy is meant to create uniformity in decision making and lend some level of certainty to property owners looking to aid Community Housing efforts by adding to the housing supply beyond what current zoning would allow. Tools in this strategic area may include changes to policy as well as text within the City Code. • Align growth policy recommendations with the density goals supporting upzoning. • Develop expanded criteria to be used for evaluation of up-zoning applications. • Develop appropriate transition standards when up-zoning existing parcels. • Identify areas ripe for up-zoning. In order to better protect Bozeman’s existing stock of small “a” affordable housing, this legislative rezoning approach can also include mapping the replacements for the NCOD discussed above that separates historic preservation controls from form and character controls, as described in Outcome 3. It can also include the pro-active mapping of suggested new Affordable Housing Protection Overlay District for other neighborhoods with naturally occurring affordable housing. Housing-Supportive Rezoning Locational Criteria The “right” location for specific rezonings will need to be determined through a review of existing zoning, existing development, redevelopment potential, and infrastructure availability. The Bozeman Community Plan 2020 also recommends considering the following locational guides:  Near schools and public transit (coordinate with Redesign Streamline 2020: Transit Development Plan),  In and around commercial centers and near major employers,  To create mixed-used development patterns (i.e., add housing in areas of concentrated commercial or office development),  Near recreation areas, and  Where existing residential or mixed-use areas could incorporate additional housing. Proactive rezoning can be either transformational or incremental in approach. Transformational rezoning opportunities might include changing a Residential Office (R-O) district along an arterial street or adjacent to Community Business (B-2) or higher density residential development into an Urban Mixed-Use (UMU) district or rezoning a Residential Suburban (R-S) district adjacent to transit to a Residential High Density (R-4) district. Individual legislatively-initiated rezonings can also allow gradual or incremental change in areas of existing development. Making a change from a residential district that allows two-household development to a district that allows up to five-household development can allow both more housing and retention of existing neighborhood character. Changing some of the current Redesign Streamline 2020: Transit Development Plan 540 Bozeman UDC Affordable Housing Assessment |60 Residential Medium Density (R-3) districts to Residential High Density (R-4) districts or rezoning some Residential Office (R-O) districts to Residential Emphasis Mixed-Use (REMU) may help provide some of the gradual density increases that the City needs to encourage. Create New Zoning Districts to Reflect Range of Bozeman Neighborhoods In addition to changing the zoning map, Bozeman can also consider updating its zoning district line-up to create more specific opportunities for redevelopment. As an established and growing city, Bozeman’s zoning districts need to create new housing opportunities in both established neighborhoods and on vacant land near the edges of the city. By refining the menu of zoning districts to better reflect the types of places described in the Community Plan, and by creating new districts that more accurately reflect desired types of development that are not easily achievable under the current UDC, the City might make the rezoning and development approval processes go more smoothly and be prepared for annexation as those are proposed by local property owners. Opportunities might include:  Zoning that allows institutions that are able or likely to provide housing, such as religious, educational, and health-care groups, to provide housing in a campus setting where the impacts of that housing will be experienced internally, rather than on surrounding neighborhoods;  Custom-built zoning districts for existing neighborhoods that reflect neighborhood-specific design and infill standards; and  Establishment of “greenfield” zoning districts that are used to guide the development of newly annexed areas and that ensure a mix of housing with most new developments. 541 Bozeman UDC Affordable Housing Assessment |61 NEXT STEPS This Affordable Housing Assessment provides a roadmap for making key updates to the UDC. It reflects community-based policies established in a range of Bozeman planning documents, including the Bozeman Community Plan 2020 and Community Housing Action Plan. This Assessment is one of four tools that Bozeman is creating to promote and preserve affordable housing. The City is also considering three possible specific amendments to the City Code that may be considered before a more extensive update of the UDC is considered. The first two of those amendments are: 1. A new list of Departures for Affordability to be added to Title 38 to allow administrative approval of small “a” affordable housing projects that cannot quite meet UDC standards for the zoning district where they are located. 2. A new Planned Unit Development Ordinance to be added to Title 38 that would simplify current regulations, re-orient them towards housing affordability, and allow negotiated approval of innovative housing projects by the City Commission after a public hearing. Once the drafts of those two documents have been posted, the consultant team will conduct a second round of outreach to the public, stakeholders, and elected and appointed officials to get feedback on (1) this Assessment, (2) the proposed Departures for Affordability, and (3) the new Planned Unit Development Ordinance. Based on the results of that engagement and the willingness of participants to consider some of the proposed changes, the consultant team will prepare the third proposed interim ordinance: 3. A new Affordable Housing Ordinance to replace current section 38.380 that will respond to the 2021 Montana State Legislature prohibition on mandatory inclusive zoning requirements by creating a voluntary system. This document includes substantial optional density, height, and development bonuses for capital “A” affordable housing projects – i.e., those for which the developer voluntarily agrees to income-restrict the housing units. The consultant team will then conduct a third round of outreach to the public, stakeholders, and elected and appointed officials to get feedback on the draft Affordable Housing Ordinance. We will then revise this draft Assessment and the three draft interim ordinances to reflect public comments and to ensure that they are internally consistent. The City of Bozeman will then make a decision as to which, if any, of the proposed changes it wants to propose for adoption, and in what order. This schedule is generally reflected on the graphic to the right. The next round of public outreach session dates will be published in mid-September. 542 Drafting Effort Title Article Section Subject Intended Change Process Change Standard Change Clarion Page Growth Policy STAL, p. 63 Res 5368 UDC overall review priorities Benefit Drafting Effort 1 38 220 420 Noticing Drop requirement for extra notice in NCOD for additional home - Removes delay from review process, treat similar development the same throughout the community. Simplifies ADU review.X Facilitate density Med 1 Simple 2 38 230 110 Conditional Use Process Remove CUP process entirely from code, use Special Use instead where appropriate to have more than site plan review if needed - Increases administrative review (Coordinates w/ PUD amend)X p. 1 Predictable review process High 2 Medium 1 38 38 38 210 230 340 010 040 020 Design Review Board (DRB) Remove DRB from application review process - simplifies review process. Related edits in Chapter 2 will be needed.X p. 49 Predictable review process High 3 Complex 1 38 310 030 Table 38.310.030.A, footnote 2 Strike footnote which limits townhomes and rowhouses in R1 and RS - opens housing alternatives with gradual effect X pp. 18, 23, 47 #1 Facilitate density Low 1 38 310 030 R-O percentage of use Drop footnote 1 and change to ground floor non-residential instead - provides additional flexibility in design and simplifies standard.X pp. 19, 48 Predictable review process Low 1 38 320 020 Residential FAR requirement Delete standard entirely X p. 23, 27 Facilitate density Med 1 38 320 020 Lot area Change R4 townhome to match lower lot sizes in less intense districts.X Facilitate density Med 2 38 320 030 Minimum residential district densities Increase required minimum densities for residential districts X p. 17-19 #12 Facilitate density High 1 38 340 050 NCOD Guidelines Clarify application of local guidelines and updated Secretary of Interior standard only - local guidelines are outdated to SOI standards X p. 23, 27, 43 Predictable review process Med 1 38 360 170 Manufactured homes on individual lots - special standards Delete section entirely - The ability to place the manufactured home remains but the review process is simplified X p 55 Predictable review process Low 2 38 260 Midtown NCOD ZMA Implement the 2018 Commission directed zone map amendment to remove the Midtown area from the Neighborhood Conservation Overlay District X Predictable review process Med 1 38 540 050 Table 2 shared use parking Revise parking table to allow shared spaces to count either for homes or businesses Parking Commission recommendation - supports additional flexibility in design and operation X Sustainable building practices High 1 38 540 060 Joint use of parking facilities Clarify that joint use of parking facilities is allowed for all uses X Facilitate density Low 1 38 540 060 Off-site parking Standardize the allowable distance to off-site parking for all uses X Facilitate density Low 1 38 540 050 Number of parking spaces required. Reduce and simplify residential parking requirements in line with Clarion recommendations and in balance with any new affordable housing incentives X p. 39-41 Sustainable building practices High 543