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Home My WebLink About04-05-22 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.Public Service Announcements D.1 Recently Approved Citizen Advisory Board Minutes (Maas) E.FYI F.Commission Disclosures G.Approval of Minutes THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, April 5, 2022 This meeting will be held both in-person and also using Webex, an online videoconferencing system. You can join this meeting: Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php? MTID=e01f136ea60286f3e19341ec3f9c6b54e 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, channel 190, or attend in-person United States Toll +1-650-479-3208 Access code: 2555 789 1321 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. Public comments will be accepted in-person during the appropriate agenda items. 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 hybrid meeting. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 G.1 Approve the regular meeting minutes from: February 1, 2022 February 8, 2022 February 15, 2022 March 8, 2022(Maas) H.Consent H.1 Accounts Payable Claims Review and Approval (Waters) H.2 Ratify the City Manager's Signature on a Gallatin County Open Space Grant Application for Burke Park/Peet's Hill Expansion and Improvements Project(Jadin) H.3 Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation in the Amount of $2,000,000 from the Bozeman Public Library Foundation for the First Installment for Construction Services for the Bozeman Public Library Expansion(Henderson) H.4 Accept Citizen Advisory Board Work Plans for 2022-2023 (Maas) H.5 Authorize the City Manager to Sign a Notice of Award for the Story Mill Road: Bridger Drive to Griffin Drive Reconstruction, Stormwater & Intersection Improvements Project to CK May Excavating Inc. for Schedules I - III in the amount of $2,001,068.70, and Final Contract Documents Once Received(Murray) H.6 Authorize the City Manager to Sign a Storm Water and Access Easement Located in City of Bozeman Street â€“ North of Nelson Meadows Subdivision with Stella Fria LLC for the Bronken Warehouse Project (21389)(Shultz ) H.7 Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement with 2times7 Condominium for the Swiss Plaza SP (20372)(Johnson) H.8 Authorize the City Manager to Sign a Water Pipeline and Access Easement and Agreement with GKT Bozeman Gateway Phase 4, L.L.C. for the Bozeman Gateway PUD Phase 4 Apartments (22002)(Paz-Solis) H.9 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-way Documents with Northwestern Energy for the Griffin Drive and Manley Road Street and Stormwater Improvements Project(Lonsdale) H.10 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with William D. Engbretson Revocable Family Trust for the Griffin Drive and Manley Road Street and Stormwater Improvements Project(Lonsdale) H.11 Authorize the City Manager to Sign a Professional Services Agreement Between the City of Bozeman and CPS HR Consulting for the Recruitment of Finance Director and Community Development Director Positions(Tozer) H.12 Authorize the City Manager to Sign a Professional Services Agreement for Construction Oversight and Project Management of the Yellowstone Fiber Project(Gamradt) H.13 Authorize the City Manager to Sign a Professional Services Agreement with MSI, LLC for Records Scanning and Destruction Project(Maas) 2 H.14 Authorize City Manager to Sign First Amendment to Professional Service Agreement with Morrison Maierle for Structural Assessments at the Swim Center(Ziegler) H.15 Authorize the City Manager to Sign a Task Order 3 with Walker Consultants for Services Provided Under the Term Contract Relating to the Creation of an Employee Parking Program in Downtown Bozeman(Veselik) H.16 Authorize the City Manager to Sign a Task Order DTN22-01 with Sanderson-Stewart for Structure Parking Feasibility Analysis Phase 3(Veselik) H.17 Resolution 5388 Intent to Create a Special Improvement Lighting District 772 for Blackwood Groves(Harlow-Schalk) H.18 Resolution 5393 Authorizing Change Order 1 with Highland Construction for Front Street Connector TOP Project(Jadin) H.19 Ordinance 2100 Final Adoption Recognizing and Designating June 19th as Juneteenth National Freedom Day, Designating June 19th as the Local Juneteenth Holiday, Replacing the Term Columbus Day with Indigenous Peoples' Day, and Designating the Friday after Thanksgiving as the Local Indigenous Peoples' Day Â Holiday(Guittari) H.20 Ordinance 2101 Final Adoption Authorizing the City Manager to Sign a Purchase and Sale Agreement for the Sale and Conveyance of Fire Station 1(Winn) I.Consent II: Items Acted Upon Without Prior Unanimous Approval I.1 Ordinance 2107 Final Adoption of the 2021 W. Lamme Street Zone Map Amendment to Amend 0.978 Acres from R-4 Residential High Density District to B-3 Downtown Business District at 215 W. Lamme, 217 W. Lamme, and 216 N. 3rd Avenue, Application 21356(Saunders) J.Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. K.Mayoral Proclamation K.1 Equal Pay Day(Andrus) L.Special Presentation L.1 Equal Pay Day Report(Tozer) M.Action Items 3 M.1 The West University Properties Annexation and Initial Zoning Application 21409 Requesting Annexation of 97.26 Acres and Amendment to the City Zoning Map for the Establishment of a Zoning Designation of B-2M (Community Business-Mixed District) on 50.4 Acres and REMU (Residential Emphasis Mixed-Use District) on 48.13 Acres(Rogers) M.2 The Lumberyard Zone Map Amendment to the City Zoning Map to Rezone Approximately 12 Acres From B-2 (Community Business District) to B-2M (Community Business District-Mixed) Including Adjacent Street Right of Way, Site is Located North of Patrick Street and West of N. 11th Avenue, Application 21458(Saunders) M.3 Adoption of Resolution 5355 and Provisional Adoption of Ordinance 2096 the Riverside Annexation and Zone Map Amendment Annexing Approximately 57.9 Acres and Establishing Initial Zoning of R-1, Residential Low Density, R-2, Residential Moderate Density, and R-4 Residential High Density, Located North of the E. Gallatin River and on Either Side of Spring Hill Road, Application 21426(Saunders) M.4 Carroll on Main Zone Map Amendment Requesting Amendment of the City Zoning Map for Two Existing Lots Consisting of Approximately 7.33 Acres and the Accompanying Adjacent Right-of-way from B-2 (Community Business District) to B-2M (Community Business District- Mixed), Application 21438(Rogers) M.5 Resolution 5384 Establishing the City of Bozeman as a City for CEDAW (Convention on the Elimination of Discrimination Against Women)(Hess) N.FYI / Discussion O.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 4 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Recently Approved Citizen Advisory Board Minutes MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:No action necessary 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:On August 10, 2021 the City Commission adopted Resolution 5323 establishing a High Performing Boards model. In Section 2: Communications, item 7 it is stated that "City Staff will develop minutes that the Board will review and approve; minutes shall be provided to the City Commission and made available to the public." This item presents the recently approved minutes for the following Citizen Advisory Boards: Downtown Urban Renewal Board, January 18, 2022 Downtown Urban Renewal Board, February 15, 2022 Business Improvement District Board, January 19, 2022 Business Improvement District Board, February 16, 2022 Community Development Board, January 3, 2022 Community Development Board, January 24, 2022 Community Development Board, February 7, 2022 Community Development Board, February 28, 2022 Community Development Board, March 7, 2022 Economic Vitality Board, January 5, 2022 Urban Parks & Forestry Board, December 23, 2021 Urban Parks & Forestry Board, January 27, 2022 Urban Parks & Forestry Board, February 24, 2022 Historic Preservation Board, January 19, 2022 Historic Preservation Board, February 16, 2022 Sustainability Board, January 12, 2022 Sustainability Board, February 9, 2022 Transportation Board, January 26, 2022 5 Midtown Urban Renewal Board, September 2, 2021 Midtown Urban Renewal Board, January 6, 2022 UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: March 11, 2022 6 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Approve the regular meeting minutes from: February 1, 2022 February 8, 2022 February 15, 2022 March 8, 2022 MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment From August of 2013 through December 2020, the City Commission Minutes have been linked with audio and video using AV Capture. In addition to the City Commission, many Citizen Advisory Boards utilize the system as well. Beginning December 14, 2020 the City Commission and many Citizen Advisory Boards moved to our new Granicus Streaming Platform. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. https://www.bozeman.net/government/city-commission/city-commission- video 7 Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 03-08-22 City Commission Meeting Minutes.pdf 02-15-22 City Commission Meeting Minutes.pdf 02-08-22 City Commission Meeting Minutes.pdf 02-01-22 City Commission Meeting Minutes.pdf Report compiled on: March 24, 2022 8 Bozeman City Commission Meeting Minutes, March 8, 2022 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES March 8, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present in the WebEx: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:09:28 Call to Order - 6:00 PM - Via WebEx Video Conference B) 00:12:35 Pledge of Allegiance and a Moment of Silence C) 00:14:03 Changes to the Agenda • There were no changes to the agenda. D) 00:14:13 FYI • Mayor Andrus reminded everyone that the first in-person meeting will be March 22. She specifically thanked Tom Londe and Scott McMahan and the rest of the IT Department to assist in the remote meetings. • CM Mihelich addressed comments related to the Canyon Gate project that identified a discrepancy between the Commission action and the specific Ordinance and Annexation Agreement. Staff are reviewing those discrepancies and will bring corrected documents back to the Commission for approval. E) 00:16:04 Commission Disclosures • There were no Commission disclosures. F) 00:16:13 Consent F.1 Accounts Payable Claims Review and Approval F.2 Formal Cancellation of the March 15, 2022 Regular City Commission Meeting F.3 Authorize the City Manager to Sign an Irrevocable Offer of Dedication with Montana State University for MSU Innovation Campus (21304) 9 Bozeman City Commission Meeting Minutes, March 8, 2022 Page 2 of 9 Conditional Irrevocable Offer of Dedication F.4 Authorize the City Manager to Sign a Release and Reconveyance of Easements and Storm Water and Access Easement and Public Utility Easement and Access Drive Maintenance and Repair Located in City of Bozeman Street – North of Nelson Meadows Subdivision with Stella Fria, LLC for the Bronken Warehouse Project (21389) Public Utility Easement Release and Reconveyance of Easement Storm water and Access Easement. Access Drive Maintenance and Repair Located in City of Bozeman Street F.5 Authorize the City Manager to Sign Public Roadway Easements with BNSF Railway Co. for Griffin Drive 20220114_BNSF easements.pdf F.6 Authorize the City Manager to Sign Task Order #EDD21-005 with Sanderson Stewart related to the construction of Rouse Ave Lot Occupancy Counter and Solar Panel Installation URD Task Order Form EDD21-005.docx EDD21-005_SOW_Rouse_Solar_122221.pdf F.7 Ratify the Signature of the City Manager on an Agreement for Professional Employment Services with GOVTEMPSUSA, LLC GovTemps-Bozeman-InterimFinance (2-2022).pdf F.8 Resolution 5374, Intent to Vacate and Abandon a Portion of Red Wing Drive Entirely within Railroad Right of Way Adjacent to Frontage Road, Gallatin County, Montana. 20220308_Prelim Staff Report.pdf Resolution 5374 -Resolution of Intent.pdf Exhibit A.pdf Adjacent Property owners.pdf Temporary Access Plan_Redwing Drive.pdf NOTICE OF INTENT TO VACATE.pdf 00:16:13 City Manager Introduction CM Mihelich presented the highlights of the Consent Agenda. 00:16:34 Public Comment There were no public comments on the Consent Agenda. 00:18:53 Motion to approve Consent Items 1 - 8 as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:19:01 Vote on the Motion to approve Consent Items 1 - 8 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn 10 Bozeman City Commission Meeting Minutes, March 8, 2022 Page 3 of 9 Disapprove: None G) 00:19:23 Public Comment Mayor Andrus opened general public comments. 00:21:12 Mary Wictor, Public Comment Mary Wictor commented on the opportunity for a hybrid approach to in-person meetings as it allows more people to participate remotely, commented on the ways to access submitted public comments, and the rules related to public comments generally. 00:24:19 Marcus Fuller, Public Comment Marcus Fuller commented as a tenant of the Medical Arts building on redevelopment of the parcel and parking issues downtown, questioned the listing of condos prior to approval, the gentrification of Bozeman and the role of zoning laws. 00:27:16 Marcia Kaveney, Public Comment Marcia Kaveney commented in support of a hybrid model of meeting to allow additional participation and to thank CM Mihelich address the concerns with the Canyon Gate item, encouraged the Commission to address each item of concern with the appeal for the North Central item tonight. H) 00:30:42 Action Items H.1 00:30:50 Appeal #22005 Regarding the Conditional Approval of the North Central Master Site Plan, Application 21029, and North Central Block 4 Site Plan, Application 21165. Order United Food v. City of Bozeman Cause No. DV-19-10BX 18Oct2019.pdf Appeal 22005 Staff Report.pdf 00:32:35 Process explanation Mayor Andrus outlined the process as defined in the Unified Development Code (UDC) within Bozeman Municipal Code (BMC). 00:33:57 Staff Presentation Interim Community Development Director Anna Bentley presented the staff report into the record, presented background on the approved application, the three recommendations of staff: 1. preserve the issue of standing, 2. that the North Central Master Site Plan (MSP) approval be upheld 3. that the Ives Site Plan approval be upheld. She presented a background of the master site plan and individual building site plan approval process, past approvals within the subject area, future process prior to approval, issues outside the scope of the appeal, the timelines for both the MSP and the Ives, and the City Attorney's opinion that the issue of standing remains unclear and recommended preserving the issue to address the merits of the appeal. She presented the six issues on appeal. She summarized and briefly responded the 15 public comments received on the appeal and presented the recommended motions. 00:42:25 Questions of Staff 01:24:25 Appellant Presentation 11 Bozeman City Commission Meeting Minutes, March 8, 2022 Page 4 of 9 John Kauffman and Brian Gallik, representing the appellants, presented the basis for the appeal; presented the grounds to deny the MSP, the authority of the Commission on appeal, the UDC sets minimum standards and the Commission can require more, Theme 2 of the Community Plan, that the majority of workers come from outside the city, parking issues, that the MSP creates the problems UDC & Community Plan seeks to prevent, and the requested relief. They reiterated the concerns of public health, safety, and welfare related to this project as the authority of the powers held by the City Commission, raised the issue of aggrieved parties and standing, generalized arguments against the project as more than whether the application met check boxes by letter. 01:40:05 Questions of Appellants 02:10:44 Recess Mayor Andrus called the meeting into recess. 02:16:43 Call to Order Mayor Andrus called the meeting back to order. 02:16:44 Landowner Presentation Andy Holloran and Charley Franklin, SMA Architecture, presented the landowner perspective, presented the basis for the MSP, and the reliance on the City's documents in planning projects. They presented the steps taken, the partnership of staff, and the combined efforts to present the application. 02:24:22 Questions of Landowner 02:48:04 Public Comment Mayor Andrus opened this item for public comment. 02:49:23 Jennie Lee, Public comment Jennie Lee public objects to the MSP as a resident across from the project on North Tracy Ave., referenced the Neighborhood Conservation Overlay District (NCOD), the North Tracy Historic District, and policy document of implementation of the NCOD related to transitions from B-3 district to adjacent neighborhood areas. 02:53:10 Jason Cure, Public Comment Jason Cure commented in favor of the North Central MSP. 02:54:09 Kristin Fetterman, Public Comment Kristin Fetterman, property manager, commented on housing prices and referenced the restricted housing of Bridger View Redevelopment, other pricing as it relates to Adjusted Median Income (AMI) and the need for many types of housing. 02:58:11 Emily Talago, Public Comment Emily Talago commented on predictability as it relates to the NCOD and development for the benefit of the community. 03:02:17 Holly Fretwell, Public Comment Holly Fretwell commented on predictability of development and the relation of the Ives to the neighboring homes. 12 Bozeman City Commission Meeting Minutes, March 8, 2022 Page 5 of 9 03:05:14 Bob Horne, Public Comment Bob Horne, partner with HomeBase and the North Central MSP, commented on the process to develop the MSP, that it comports with City plans, and the increase of values resulting from this development. 03:09:19 Suzanne Held, Public Comment Suzanne Held commented as an appellant and member of Northeast Neighborhood Association (NENA). 03:11:32 Craig Lee, Public Comment Craig Lee commented in opposition to the MSP advocating for a set-back between it and the neighborhood. 03:15:28 Mike Herring, Public Comment Mike Herring commented as an appellant in opposition to the MSP. 03:18:53 Cory Lawrence, Public Comment Cory Lawrence commented in opposition to the MSP and the Ives SP. 03:22:34 Jeff Krauss, Public Comment Jeff Krauss commented in opposition to the MSP with specific comments related to standing of all community members, objected to partners of the landowner commenting, and that both sides of Main Street should receive the same treatment, and advocated to stop and consider this matter and not make a decision tonight. 03:27:32 Ashley Ogle, Public Comment Ashley Ogle commented in opposition to the MSP as it will change the character of the neighborhood, commented on the bordering residential districts, the need for more parking, and the transfer of lease parking spaces. 03:31:57 Bert Getz, Public Comment Bert Getz commented on the role of zoning, the need for diverse housing, and that this project meets all the needs. 03:34:08 Karen Filipovich, Public Comment Karen Filipovich commented on the nuance needed to address a property that lies in both the Downtown Core and the NENA, and in opposition to the MSP. 03:36:43 Barbara Seabury, Public Comment Barbary Seabury commented in opposition to the MSP and the Block 4 SP. 03:40:40 Lauren Cummings, Public Comment Lauren Cummings, commented as a part owner of the MSP and the Ives, that change to a neighborhood is subjective as whether it is positive or negative. 03:44:04 Lindsay Pittard, Public Comment Lindsay Pittard commented in support of the MSP as an opportunity to develop smartly. 03:46:09 Rebuttal by Appellant 13 Bozeman City Commission Meeting Minutes, March 8, 2022 Page 6 of 9 03:50:05 Rebuttal by Landowner 03:51:33 Clarification by Staff 03:54:50 Motion Having reviewed and considered Appeal number 22005 seeking to overturn the decision of the Interim Director of Community Development conditionally approving the North Central Master Site Plan application number 21029, including the record of review, the presentation of staff and Appellants, public comment, and all information presented, I move to preserve all defenses the City of Bozeman my assert regarding standing of Appellants to bring this appeal or their ability to raise any issue on appeal if Appellants seek judicial review. Terry Cunningham: Motion Jennifer Madgic: 2nd 03:55:45 Discussion 04:01:30 Vote on the Motion Having reviewed and considered Appeal number 22005 seeking to overturn the decision of the Interim Director of Community Development conditionally approving the North Central Master Site Plan application number 21029, including the record of review, the presentation of staff and Appellants, public comment, and all information presented, I move to preserve all defenses the City of Bozeman my assert regarding standing of Appellants to bring this appeal or their ability to raise any issue on appeal if Appellants seek judicial review. The Motion carried 4 – 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: Jennifer Madgic 04:01:52 Motion Having reviewed and considered Appeal number 22005 seeking to overturn the decision of the Interim Director of Community Development conditionally approving the North Central Master Site Plan application number 21029, including the record of review, the presentation of staff and Appellants, public comment, and all information presented, I move to uphold the decision of the Interim Director of Community Development reflected in her December 20, 2021 approval letter. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:02:35 Meeting Extended Mayor Andrus extended the meeting until 10:15pm. 04:02:43 Discussion 04:23:45 Meeting Extended 14 Bozeman City Commission Meeting Minutes, March 8, 2022 Page 7 of 9 Mayor Andrus extended the meeting until 10:30pm. 04:23:56 Vote on the Motion Having reviewed and considered Appeal number 22005 seeking to overturn the decision of the Interim Director of Community Development conditionally approving the North Central Master Site Plan application number 21029, including the record of review, the presentation of staff and Appellants, public comment, and all information presented, I move to uphold the decision of the Interim Director of Community Development reflected in her December 20, 2021 approval letter. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 04:24:23 Motion Having reviewed and considered Appeal number 22005 seeking to overturn the decision of the Interim Director of Community Development conditionally approving the North Central Block 4 “the Ives” application number 21165, including the record of review, the presentation of staff and Appellants, public comment, and all information presented, I move to uphold the decision of the Interim Director of Community Development reflected in her December 20, 2021 approval letter. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:25:00 Discussion 04:34:31 Vote on the Motion Having reviewed and considered Appeal number 22005 seeking to overturn the decision of the Interim Director of Community Development conditionally approving the North Central Block 4 “the Ives” application number 21165, including the record of review, the presentation of staff and Appellants, public comment, and all information presented, I move to uphold the decision of the Interim Director of Community Development reflected in her December 20, 2021 approval letter. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 15 Bozeman City Commission Meeting Minutes, March 8, 2022 Page 8 of 9 H.2 04:35:34 Bennett Annexation and Zone Map Amendment for the Establishment of a Zoning Designation of REMU for a property Addressed at 5532 Stucky Road (Readdressed to 2650 and 2680 Bennett Blvd) and generally located approximately one- half mile west of South 19th Avenue on the south side of Stucky Road; Application 21331. 21331 Bennett Annx-ZMA CC SR.pdf 04:36:48 Motion to continue the Bennett Annexation and Zone Map Amendment to the March 22 City Commission Meeting. Jennifer Madgic: Motion Christopher Coburn: 2nd 04:37:08 Vote on the Motion to continue the Bennett Annexation and Zone Map Amendment to the March 22 City Commission Meeting. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.3 04:37:31 Ordinance 2100, Recognizing and Designating June 19th as Juneteenth National Freedom Day, Designating June 19th as the Local Juneteenth Holiday, Replacing the Term Columbus Day with Indigenous Peoples' Day, and Designating the Friday after Thanksgiving as the Local Indigenous Peoples' Day Holiday Ord. 2100.pdf 04:37:37 Motion to continue Item H.3 to the March 22 agenda. Jennifer Madgic: Motion Christopher Coburn: 2nd 04:37:54 Vote on the Motion to continue Item H.3 to the March 22 agenda. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 16 Bozeman City Commission Meeting Minutes, March 8, 2022 Page 9 of 9 I) 04:38:14 FYI / Discussion • Mayor Andrus clarified that the in-person meetings will have a hybrid component for participation. • CM Mihelich clarified the process for public comments to the advisory board, and that commenters can comment multiple times in a meeting but only once on a particular item. J) 04:39:28 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: April 5, 2022 17 Bozeman City Commission Meeting Minutes, February 15, 2022 Page 1 of 6 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES February 15, 2022 Present: Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: Cyndy Andrus Staff Present in the WebEx: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:01:10 Call to Order - 6:00 PM - WebEx Videoconference B) 00:05:11 Pledge of Allegiance and a Moment of Silence C) 00:05:43 Changes to the Agenda D) 00:06:06 Authorize Absence D.1 00:06:06 Authorize the Absence of Mayor Cyndy Andrus 00:06:15 Motion I move to authorize the absence of Mayor Cyndy Andrus. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:06:24 Vote on the Motion I move to authorize the absence of Mayor Cyndy Andrus. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 18 Bozeman City Commission Meeting Minutes, February 15, 2022 Page 2 of 6 E) 00:06:39 Public Service Announcements E.1 00:06:46 City of Bozeman offices will be closed Mondays, February 21 in observance of Washington's Birthday. There will be no City Commission meeting on Tuesday, February 22. This is not a garbage holiday and pick up will be on the regularly scheduled day. F) 00:07:06 FYI • DM Cunningham reminded the public where to find the calendar of events for advisory board meetings at the bottom of the City's home page. • CM Mihelich reminded the public about snow removal requirements within 24 hours of the end of a snowfall. G) 00:09:22 Commission Disclosures • There were no Commission Disclosures. H) 00:09:42 Consent H.1 Accounts Payable Claims Review and Approval H.2 Approval of Depository Bonds and Pledged Securities as of December 31, 2021 Depository Bonds & Securities 1221.pdf H.3 Review and Approve the Findings of Fact and Order for the Park View Crossing Major Subdivision Preliminary Plat, Application 21158 21158 Park View Crossing PP FOF staff rpt.pdf 21158 Park View Crossing PP City Commission FOF Memo.pdf Park View Crossing PreliminaryPlat_09242021.pdf Park View Crossing_A1Application_04162021.pdf H.4 Authorize the City Manager to Sign a Utility and Access Easement and Agreement with Northwestern Energy for Residences Adjacent to New Hyalite View Park Hyalite View Park - NWE Underground Electric Easement.docx H.5 Authorize the City Manager to Sign a Right-of-way Agreement for Construction of Improvements to Story Mill Road - Parcel 2 (Jeffrey Brandner and Raymond Rega) Story Mill Road Agreements, Easements and Closing Documents.pdf Story Mill Road Agreements, Easements and Closing Documents 2.pdf H.6 Authorize the City Manager to Sign a Professional Services Agreement with Green Gardens Group LLC for a Bozeman Watershed Wise Landscape Webinar Series Professional Services Agreement_G3_Water Wise Landscape Webinar Series.pdf Attachment A_G3_Scope of Services.pdf H.7 Authorize the City Manager to Sign a First Addendum to the Professional Services Agreement for Community Housing Services with HRDC Amendment 1 to PSA with HRDC for Community Housing Services.docx H.8 Resolution 5371 Authorizing Prime Change Order 15 with Langlas and Associates for Construction of the Bozeman Public Safety Center Resolution_5371 CO15.docx BPSC Job No. 19426 Prime CO 15 signed STL.pdf 19426 Change Estimate Log 12.21.21_reduced.pdf H.9 Resolution 5376 Intent to Create a Special Improvement Lighting District 769 for Norton East Ranch Phase 5 Resolution 5376-Intent to Create SILD 769.docx 19 Bozeman City Commission Meeting Minutes, February 15, 2022 Page 3 of 6 Schedule A.pdf Exhibit B-Norton East Ranch Sub, Ph 5 .pdf H.10 Resolution 5378 Intent to Create a Special Improvement Lighting District 770 for Annex of Bozeman Resolution5378-Intent to Create SILD 770.docx Schedule A.pdf Exhibit B.pdf H.11 Ordinance 2098 Final Adoption of an Update to the Department Titles of Administrative Services and Public Works to Reflect the City's Current Department Titles, and Creating the Departments of Economic Development and Strategic Services 220120 Ord. 2098 - final.pdf 220120 Ord. 2098 Exhibit A Finance - final.pdf 220120 Ord. 2098 Exhibit B Trans.-Eng. - final.pdf 220120 Ord. 2098 Exhibit C Utiliites - final.pdf 00:09:50 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:11:15 Public Comments There were no comments on the Consent Agenda. 00:14:27 Motion to approve Consent Items 1-11 as submitted. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:14:51 Vote on the Motion to approve Consent Items 1-11 as submitted. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 00:15:15 Public Comment There were no general public comments. J) 00:18:14 Special Presentation J.1 00:18:23 Sixth Quarterly Report on Bozeman as an Inclusive City FINAL Inclusive City Report February 2022.pdf 00:18:55 Staff Presentation CM Mihelich presented the quarterly report on Bozeman as an Inclusive City; he presented the purpose, the timeline and progress so far, highlighted completed actions, highlighted in progress & ongoing 20 Bozeman City Commission Meeting Minutes, February 15, 2022 Page 4 of 6 actions, results from the voluntary demographics of Citizen Advisory Boards, the THRIVE Index, the Municipal Equality Index, and next steps. J.2 00:29:30 Fowler Avenue Connection Project Introduction 20210810_Fowler_Scope_of_Work_Pre-Design.pdf 00:31:05 Staff Presentation Danielle Scharf, Sanderson Stewart, presented an overview of the Fowler Avenue Project. She presented the project team, the project as outlined in the Transportation Master Plan (TMP) and the Capital Improvements Plan (CIP), the project timeline, the components of the pre-design phase, the three segments of the corridor, the traffic analysis, and the Community Engagement framework and schedule. K) 00:46:10 Action Items K.1 00:46:19 Resolution 5372 Amending the City’s Annual Budget to Increase the Appropriations for the Christie Fields Playground Project in the Parks and Trails District Fund - Appropriations Will Be Paid With Existing Fund Reserves NOTICE - P&T Christie Field Budget Amendment Hearing.docx Resolution 5372 Budget Amendment P&T Dist.docx 00:46:35 Staff Presentation Assistant City Manager Anna Rosenberry presented the budget amendment for the Christie Fields Playground project, the background of the project, the need for the increase, the payment will be made with fund balance, the project location, condition of current equipment, some of the improvements aimed to meet ADA compliance and accessibility, and the process for the amendment. 00:50:36 Questions of Staff 01:03:24 Public Comment There were no public comments on this item. 01:06:00 Motion to approve Resolution No 5372 - Amending the City's Annual Budget to Increase the Appropriations for the Christie Fields Playground Project in the Parks and Trails District Fund. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 01:06:28 Discussion 01:10:50 Vote on the Motion to approve Resolution No 5372 - Amending the City's Annual Budget to Increase the Appropriations for the Christie Fields Playground Project in the Parks and Trails District Fund. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn 21 Bozeman City Commission Meeting Minutes, February 15, 2022 Page 5 of 6 Disapprove: None 01:11:19 Recess DM Cunningham called the meeting into recess. 01:17:04 Call to Order DM Cunningham called the meeting back to order. L) 01:17:22 Work Session L.1 01:17:29 Direction to City Staff on the Development of Water Conservation Standards for New Development and City-Wide Outdoor Watering Restrictions Proposed Revisions to Landscape and Irrigation Performance and Design Standards_Presentation Slides_Feb 15.pdf 01:17:36 Staff Presentation Water Conservation Program Manager Jessica Ahlstrom presented the work session on proposed questions for consideration, highlights of the integrated water resources plan, rising outdoor water use, projected demand vs. reliable supply, questions for City Commission consideration, potential code change approaches, standards for the changes, provided examples of how it may look, benefits to the City from the recommended changes, and next steps. 01:52:28 Questions of Staff 02:42:19 Public Comments There were no public comments on this item. 02:45:21 Discussion The Commission discussed the two questions for consideration requested by staff to provide guidance. 03:08:17 City Manager Clarification CM Mihelich summarized the direction he heard for staff moving forward. M) 03:12:08 FYI / Discussion • CM Mihelich noted this is the last meeting of ACM Rosenberry after 17 years with the City and past experience with the County as well. He noted her leadership for the City and specific projects that she has shepherded. • DM Cunningham espoused many praises upon ACM Rosenberry on behalf of the whole Commission. • ACM Rosenberry offered her thanks to the Commission, Commissions of the past, and the community as a whole and provided her final thoughts for the City. N) 03:19:26 Adjournment 22 Bozeman City Commission Meeting Minutes, February 15, 2022 Page 6 of 6 ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: April 5, 2022 23 Bozeman City Commission Meeting Minutes, February 8, 2022 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES February 8, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present in the WebEx: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:01:26 Call to Order - 6:00 PM - Webex Videoconference B) 00:04:54 Pledge of Allegiance and a Moment of Silence C) 00:05:23 Changes to the Agenda • CM Mihelich noted the removal of F.11 from the Consent Agenda, and H.2 be continued to April 5, 2022. D) 00:06:00 FYI • CM Mihelich noted the Bozeman Yellowstone Airport had more than double the boardings as any other airport in Montana at over 900,000 last year and the City of Bozeman has won the Bob Worthington Risk Management Award. E) 00:07:47 Commission Disclosures F) 00:08:03 Consent F.1 Accounts Payable Claims Review and Approval F.2 Appoint a sub-committee of two commissioners to review pledged securities as of December 31, 2021 Depository Bonds & Securities 1221.pdf F.3 Authorize the City Manager to Sign two Drainage Easements and two Release and Reconveyance of Easements with Carl and Sue Olsen for the Olsen – Rostad Subdivision Exemption, Application 21317 Drainage Easement Lot 14A Drainage Easement Lot 15A 24 Bozeman City Commission Meeting Minutes, February 8, 2022 Page 2 of 9 Release and Reconveyance of Easement Lot 14 Release and Reconveyance of Easement Lot 15 F.4 Authorize the City Manager to Sign a Utility Easement with 302 Partners LLC for N 3rd Duplexes Site Plan (21204) Utility Easement F.5 Authorize the City Manager to Sign a Drainage Easement with Montana State University Innovation Campus C/O MSU Alumni Foundation for the Industry Bozeman (21304) Drainage Easement F.6 Authorize the City Manager to Sign the Stormwater Annual Report, Memorandum of Understanding with MSU, and Change of Stormwater Coordinator Forms MS4 stormwater MOU.pdf COB 2021 stormwater annual report.pdf Change of Storm Water Coordinator 2022.pdf F.7 Authorize the City Manager to Sign a Contract for General Contractor / Construction Manager Services for the Relocation of Fire Station 2 1 - Contract between City and GCCM.docx 2 - Pre-Construction Services Conditions.docx 3 - General Conditions.docx 4 - Nondiscrimination and Equal Pay Affirmation.docx 5 - Fire Station #2 Relocation GC-CM RFQ-RFP.pdf 6 - Martel Proposal.pdf F.8 Authorize City Manager to Sign a Professional Service Agreement with Morrison Maierle for Structural Assessments at Lindley Center and the Swim Center Professional Service Agreement Professional Services Agreement - Morrison Mairle - Lindley & Swim Center Structural Assessments.pdf F.9 Authorize the City Manager to Sign a First Amendment to the Professional Services Agreement with Advantage Spraying Services, Inc. for Landscape Maintenance Services in the Parks and Trails District Attachment A PSA Amendment 1 Advantage Spraying Services Inc.pdf Attachment B PSA Advantage Spraying Services Inc..pdf F.10 Authorize the City Manager to Sign a First Amendment to the Professional Services Agreement with Hydro Logistics Irrigation LLC. for Irrigation Maintenance Services in the Parks and Trails District Attachment A PSA Amendment 1 Hydro Logistics Irrigation LLC..pdf Attachment B PSA Hydro Logistics Irrigation LLC..pdf F.11 Authorize the City Manager to Sign Task Order 2 with Walker Consultants for On-going Services Related to the Parking Term Contract and Paid Parking Implementation 20220202_City of Bozeman Parking Technology Procurement Proposal.pdf F.12 Resolution 5373 Authorizing the City Manager to Enter into a Memorandum of Understanding with the Gallatin Alliance for Pathways for the Frontage Pathway Trails, Open Space, and Parks Bond Project Resolution 5373 Frontage Pathway MOU.docx Resolution 5373 Attachment A MOU.docx F.13 Ordinance 2097, Provisional 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 Ordinance 2097, Mountains Walking ZMA 21319 FINAL.pdf 25 Bozeman City Commission Meeting Minutes, February 8, 2022 Page 3 of 9 Mountain Walking Zone Map 24x36 2021_12_21.pdf 21319 Mountains Walking Legal Description.pdf 00:08:13 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:09:36 Public Comment There were no public comments on the Consent Agenda. 00:11:49 Motion to approve Consent items 1-10, 12-13 as submitted. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:12:02 Vote on the Motion to approve Consent items 1-10, 12-13 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:12:21 Public Comment Mayor Andrus opened general public comment. 00:14:36 Ralph Zimmer, Public Comment Ralph Zimmer commented that he is grateful for the approval of Consent Item F.12, provided a history on the TOP Bond grant approval, and that the project can begin in more detail; he commented on the importance of the project. H) 00:17:56 Action Items H.1 00:17:56 2021 W. Lamme Street Zone Map Amendment to Amend the Zoning Map from R-4 High Density Residential to B-3 Downtown Business District on 0.98 Acres Located at 217 W Lamme Street, 215 W Lamme Street and 216 N 3rd Avenue, Application 21356 21356 Lamme St ZMA Staff Report CC.pdf 00:18:22 Staff Presentation Community Development Program Manager Chris Saunders entered the staff report, all application materials, and the public comment into the record. He presented a overview of the application, the Future Land Use Map (FLUM) designation, existing zoning in the area, the proposed amendment area, the Montana Code Annotated (MCA) Zoning Criteria of Evaluation, addressed issues raised in public 26 Bozeman City Commission Meeting Minutes, February 8, 2022 Page 4 of 9 comments related to the MCA criteria, the implementing districts within the Traditional Core FLUM designation, the findings related to spot zoning, the evaluation based upon public comments, and the recommendations. 00:26:39 Questions of Staff 00:45:02 Applicant Presentation Ben Lloyd, Comma Q & Hennbery Eddy Architects, presented the application to align zoning with the FLUM, highlighted the change of designation as part of the Growth Policy, and that it is owner driven to make the Zone Map Amendment and not a process that all happens at the same time. 00:47:51 Questions of Applicant 00:54:45 Public Comment Mayor Andrus opened this item for public comments. 00:56:18 Jerry Dimarco, Public Comment Jerry DiMarco commented his concerns on affordable housing, the impact on neighboring property values that pushes housing out of the realm of affordability, that there is a systemic bias against preserving affordable housing, wondered if the City is replacing lost affordable housing, and commented that the process is unfair against those opposed to the amendment because all effected owners were not notified of the changes to the FLUM. 01:01:07 Amy Hoitsma, Public Comment Amy Hoitsma commented on the Chronicle's editorial statements on downtown development, on the mass and development that will occur, the lack of tools for the City to slow development, that there is no reason the City needs to rezone this property, and the need of housing to preserve neighborhoods. 01:05:05 Daniel Carty, Public Comment Daniel Carty commented that the concept should be "do no harm" regardless of the overall planning documents, and the potential harm as a neighbor across the street if built to maximum height. 01:06:40 Karen Filipovich, Public Comment Karen Filipovich commented the Commission has to consider maximum buildout for the zoning, concerns of the street loading, highlighting the Grand and Lamme intersection, and requested leaving it as R-4. 01:09:58 Brian Gallik, Public Comment Brian Gallik commented on his written public comments, the policies of destruction of neighborhoods, the misuse of the Growth Policy, noticing requirements, that it is not the Commission's duty to maximize profits for developers, the cumulative look of all development on downtown, and the effort made to notice the community about the Growth Policy. 01:14:31 Emily Talago, Public Comment Emily Talago commented to consider the current needs of the community, the housing crisis, walkability for services employees, and the need for housing for individuals that work the businesses and services. 01:17:37 Additional Commission Questions 27 Bozeman City Commission Meeting Minutes, February 8, 2022 Page 5 of 9 01:21:36 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21356 and move to recommend approval of the 2021 W. Lamme Street Zone Map Amendment, with contingencies required to complete the application processing. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:21:59 Discussion Cr. Coburn stated he was unsure on the best path forward with regards to changing the zoning or the FLUM designation. Cr. Pomeroy will not support the motion. DM Cunningham adopted findings in favor of the motion, that the current zoning is not in accordance with the FLUM, recounted the process and purpose of adopting a Growth Policy, how the FLUM is modified, the use of streets as a transition or buffer between zones, that the Growth Policy is a signal to the community, that developers bring projects based on their interpretation of what the plan says, that the Commission cannot dictate pricing and listed the tools available to the City, and the influence of affordability through zoning. He agreed with staff's findings and will support the motion. Cr. Madgic stated that the FLUM is aspirational, the Growth Policy is not a regulatory document, the property is at the edge of the Downtown Core and the residential areas, referenced the Downtown Management plan that the care should be taken to the area, noted the changed circumstances since the work on the FLUM and adoption of the Growth Policy, agreed with comments related to housing, identified criterion K and noted the more residential is need in the downtown core, that a split block can be compatible, and highlighted goals from the Growth Policy as reasons to retain R-4 zoning. Mayor Andrus stated the adopted Downtown Plan and Growth Policy can be pointed to for support of the ZMA, that change can happen quicker than anticipated and is occurring everywhere, agreed with staff's findings that it meets criteria, that systems are in place to ensure that a development will comport with the requirements, that the City lacks control over the pricing of a developed project, that it makes sense to expand downtown as laid out in Downtown Plan and Growth Policy, and will support the motion. Cr. Coburn stated that this application is in accordance with the Growth Policy, the complication of two different zoning designations without a street in between them, while not regulatory in nature the FLUM is important to let the community know we are going to stand on the document to make changes in the community, that the application meets the required criteria, and agreed that the hope is to get affordable housing, but that the City lacks agency in that matter outside of higher density and more intense use. He noted that Short Term Rentals are a concern and that is why the Commission made review of that issue a priority. He will support the motion. Cr. Madgic commented on the value of predictability in planning. Cr. Pomeroy elaborated on why she changed her mind and noted the lack of control in pricing downtown. 01:59:49 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21356 and move to recommend approval of the 2021 W. Lamme Street Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 3 – 2. 28 Bozeman City Commission Meeting Minutes, February 8, 2022 Page 6 of 9 Approve: Cyndy Andrus Terry Cunningham Christopher Coburn Disapprove: I-Ho Pomeroy Jennifer Madgic 02:00:11 Recess Mayor Andrus called the meeting into recess. 02:00:45 Call to Order Mayor Andrus called the meeting back to order. H.2 02:00:43 Riverside Annexation and Zone Map Amendment Establishing Initial Zoning of R-1, Residential Low Density, R-2, Residential Moderate Density, and R-4 Residential High Density on Approximately 57.5 Acres Located North of the E. Gallatin River and on Either Side of Spring Hill Road, Application 21-426 21426 Riverside Properties Annx-ZMA SR CC final.pdf Resolution 5355 Riverside Annexation final.pdf Resolution 5355 Exhibits A&B.pdf Riverside Annexation Extension of Servcies Plan 1.28.2022 21426.pdf Ordinance 2096 Riverside ZMA 21426.pdf Ordinance 2096 Zoning Exhibit Map.pdf 02:01:17 Motion the Riverside Annexation and Zone Map Amendment to April 5, 2022. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:01:36 Vote on the Motion to continue the Riverside Annexation and Zone Map Amendment to April 5, 2022. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.3 02:01:58 Billings Clinic Annexation and Zone Map Amendment Requesting 4.239 Acres of B-2 Zoning, Located Southeast of the Intersection of Davis Lane and Westlake Road, Application 20132 20132 Billings Clinic ANNX ZMA CC SR.pdf 29 Bozeman City Commission Meeting Minutes, February 8, 2022 Page 7 of 9 20132 Billings Clinic ANNX Post Notice Revised.pdf Comment_ResponseLetter_090221.pdf Doc_2716624_Public_Street_Esmt.pdf Doc_2716625_Utility_Esmt.pdf SID_Waiver_NotSigned_090121.pdf Annexation_Zoning_Updated_090121.pdf BillingsClinic_RC.pdf CILWR_Email_083121.pdf ZMA_Exhibit_090121.pdf AnnexationMap__090121.pdf 02:02:10 Staff Presentation Associate Planner Jacob Miller entered the staff report, all application materials, and public comment into the record. He presented the application, the subject property location, the FLUM designation, nearby City zoning, adjacent City infrastructure, the proposed zoning districts, the subject property's relation to the current Master Site Plan for the Billings Clinic campus, the development application process, the annexation goals and policies from Resolution 5076, the MCA Zoning Criteria, the spot zoning criteria, and the recommendations. 02:08:09 Questions of Staff 02:16:09 Applicant Presentation Lauren Waterton and Pat Davies, Sanderson Stewart, and Mitch Goplen, Billings Clinic, appeared on behalf of the applicant, presented that they agreed with the staff report and conditions, the intent behind the application, the general overview of site as it relates to the existing campus, the and the watercourse on the property. 02:20:51 Questions of Applicant 02:24:07 Public Comment Mayor Andrus opened this item for public comments. 02:25:31 Marilee Brown, Public Comment Marilee Brown, Safer Bozeman, commented on the set-back along Davis Lane and asked if that is enough distance for a multi-use path along that roadway. 02:27:41 Clarification of Staff 02:28:37 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to annexation presented in the staff report for application 20132 and move to approve the Billings Clinic Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:29:06 Discussion 30 Bozeman City Commission Meeting Minutes, February 8, 2022 Page 8 of 9 02:33:52 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to annexation presented in the staff report for application 20132 and move to approve the Billings Clinic Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:34:15 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to zoning presented in the staff report for application 20132 and move to approve the Billings Clinic Zone Map Amendment, with contingencies required to complete the application processing. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:34:43 Discussion 02:40:54 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to zoning presented in the staff report for application 20132 and move to approve the Billings Clinic Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 02:41:12 FYI / Discussion Mayor Andrus reminded the public of the upcoming work session on water conservation next week. J) 02:41:43 Adjournment 31 Bozeman City Commission Meeting Minutes, February 8, 2022 Page 9 of 9 ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: April 5, 2022 32 Bozeman City Commission Meeting Minutes, February 1, 2022 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES February 1, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present in the WebEx: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:00:55 Call to Order - 6:00 PM - WebEx Videoconference B) 00:03:54 Pledge of Allegiance and a Moment of Silence C) 00:04:29 Changes to the Agenda • There were no changes to the agenda. D) 00:04:40 FYI • Mayor Andrus noted the special joint meeting with Gallatin County and Belgrade relate to the Board of Health at 6pm on Wednesday. • CM Mihelich highlighted the City's engagement process and provided statistics from the Annual Website Report. He thanked Cole Schaefer, Melody Mileur, Dani Hess, and all the web editors from the various departments. E) 00:06:42 Commission Disclosures • Cr. Pomeroy disclosed that she had contacted downtown business owners related to paid parking. F) Approval of Minutes F.1 00:07:05 Approve the regular meeting minutes from: December 21, 2022 January 4, 2022 January 11, 2022 January 25, 2022 33 Bozeman City Commission Meeting Minutes, February 1, 2022 Page 2 of 9 12-21-21 FINAL MINUTES City Commission Meeting of Bozeman, Montana.pdf 01-04-22 City Commission Meeting Minutes.pdf 01-11-22 City Commission Meeting Minutes.pdf 01-25-22 City Commission Meeting Minutes.pdf 00:07:16 Motion I move to approve the combined City Commission minutes as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:07:26 Vote on the Motion to approve I move to approve the combined City Commission minutes as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:07:45 Consent G.1 Acknowledge Receipt of Petition to Abandon Redwing Drive and Direct Staff to Review the Petition Red Wing Drive Abandonment Application 011822.pdf G.2 Authorize the City Manager to Sign a Professional Services Agreement with DOWL to Provide Professional Engineering Design Services for the 2022 Sewer Lining Project PSA.pdf Scope & Fee.pdf G.3 Authorize the City Manager to Sign a Public Street and Utility Easement, Sewer and Water Pipeline and Access Easement and Agreement with Canyon Gate Investors, LLC for The Canyon Gate Annex (21337) Public Street and Utility Easement Sewer and Water Pipeline and Access Easement and Agreement G.4 Authorize the City Manager to Sign a Task Order Revision 1 for Fiscal Year 2022 Remediation Systems Oversight, Bozeman Landfill with Tetra Tech Revision 1 to Task Order 2021 - 2022 Remediation Systems Operation and Maintenance, Bozeman Landfill G.5 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with Bozeman Industrial Park Owners' Association for the Griffin Drive and Manley Road Street and Stormwater Improvements Project 20220113_Bozeman Industrial Park Owners_ROW Agreements for City Signature.pdf G.6 Authorize the City Manager to Sign a Second Addendum to the Professional Services Agreement for Engineering Development Services with TD&H Engineering Second Addendum to Professional Services Agreement Attachment A Scope of Services and Rate Schedule for 2022 34 Bozeman City Commission Meeting Minutes, February 1, 2022 Page 3 of 9 Professional Service Agreement dated 01-27-2020 G.7 Authorize the City Manager to Sign a Second Amendment to the Professional Services Agreement with Treasure State, Inc. for Services to Design and Construct the Bogert Park Court Renovation Project Attachment A PSA Amendment 2 Treasure State Inc..pdf Attachment B PSA Treasure State Inc..pdf G.8 Authorize the City Manager to Sign a Professional Services Agreement with SKIDATA for the Installation of New Gates in the Bridger Park Parking Garage PSA for new Garage Gate Skidata Jan 25, 2022.docx Exhibit A-SKIDATA_Proposal_For_Bridger Garage Replacement Gates.pdf 00:07:52 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:08:53 Public Comment There were no public comments on the Consent Agenda. 00:10:10 Motion to approve Consent Items 1 - 8 as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:10:19 Vote on the Motion to approve Consent Items 1 - 8 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:10:38 Public Comment Mayor Andrus opened general public comment. 00:12:31 Ashley Ogle, Public Comment Ashley Ogle commented on concerns for paid parking in Downtown Bozeman as a competitive disadvantage and that the information is one sided, specifically if it is a deterrent or will businesses see a decline. She commented on the need to think about where employees parking and a lack of communication with business owners and residents. 00:14:59 Christopher Nixon, Public Comment Christopher Nixon commented on behalf of Sacagawea Audubon Society to thank the City Commission for making preservation of wetlands a priority. He noted that World Wetlands Day is February 2. 35 Bozeman City Commission Meeting Minutes, February 1, 2022 Page 4 of 9 I) Special Presentation I.1 00:18:31 State of the City Address • Mayor Andrus provided a land acknowledgment and delivered the State of the City Address. J) 00:49:40 Action Items J.1 00:49:43 South 3rd Avenue Annexation and Zone Map Amendment for the Establishment of a Zoning Designation of R-3 for a property Addressed at 2303 South 3rd Avenue and Generally Located One-quarter Mile South of the Kagy and Wilson, Application 21161 21161 S 3rd ANNEX - ZMA CC SR.pdf A1_093021.pdf NARRATIVE092721.pdf ANNEX.pdf ZMA.pdf COS_3052.pdf N1_032921.pdf PUB_STR_UTIL_EAS_EX_A.pdf PLUM_SITE_092721.pdf 00:50:00 Staff Presentation Planner Tom Rogers entered the staff report and the applicant submittal into the record. He presented the application for annexation and R-3 zoning, the site vicinity, the Future Land Use Map (FLUM) designation, adjacent zoning districts, available implementing zoning correlations to FLUM designation, the findings the annexation goals & policies from Resolution 5076, the Zoning Criteria of Evaluation, a summary of public comments, and the recommendations. 01:02:05 Questions of Staff 01:23:09 Applicant Presentation Cole Robertson, Plum Design Labs, presented on behalf of the applicant. Presented the background of the development team, an overview of the property's current condition, the process of the project to request R-3 zoning, the local neighborhood context, the zoning and development pattern in the vicinity, a representation of a Public Land Institution (PLI) donut of zoning study, a comparison of two alternate concept review, the zoning request, highlights of housing reporting, market conditions, and the need for the missing middle. 01:34:32 Questions of Applicant 01:37:21 Public Comments Mayor Andrus opened this item for public comments. 01:38:53 William Klenn, Public Comment William Klenn commented in opposition to the project and spoke about a previous request for R-1 zoning with ADUs, pedestrian connectivity issues, and building heights. He commented on the need to balance property rights with neighbor's expectations. 36 Bozeman City Commission Meeting Minutes, February 1, 2022 Page 5 of 9 01:42:13 Carol Anderson, Public Comment Carol Anderson commented on behalf of the Overbrook COA in opposition to the project, referencing their written comments that disagreed with staff's findings. She commented on a request for lower zoning and that Overbrook COA will not allow access from the project site. She commented on parking issues in their neighborhood. 01:45:52 David Richardson, Public Comment David Richardson commented to request a reduced zoning to R-1, and the lack of pedestrian and trail connections in the vicinity. 01:49:43 Jim Lutiger, Public Comment Jim Lutiger commented to agree with previous comments and specifically the possible building heights. 01:50:54 Julien Morice, Public Comment 01:53:42 Additional Questions of Staff 02:00:49 Applicant Response to Public Comment 02:04:09 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21161 and move to approve the South 3rd Avenue Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Jennifer Madgic: Motion Christopher Coburn: 2nd 02:04:43 Discussion 02:07:48 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21161 and move to approve the South 3rd Avenue Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:08:06 Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the 37 Bozeman City Commission Meeting Minutes, February 1, 2022 Page 6 of 9 findings presented in the staff report for application 21161 and move to approve the South 3rd Avenue Zone Map Amendment, with contingencies required to complete the application processing. Jennifer Madgic: Motion Christopher Coburn: 2nd 02:08:45 Discussion 02:25:25 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21161 and move to approve the South 3rd Avenue Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:25:49 Recess Mayor Andrus called the meeting into recess. 02:30:27 Call to Order Mayor Andrus called the meeting back to order. J.2 02:30:54 Ordinance 2098 Provisionally Adopting an Update to the Department Titles of Administrative Services and Public Works to Reflect the City's Current Department Titles, and Creating the Departments of Economic Development and Strategic Services 220120 Ord. 2098 - final.pdf 220120 Ord. 2098 Exhibit A Finance - final.pdf 220120 Ord. 2098 Exhibit B Trans.-Eng. - final.pdf 220120 Ord. 2098 Exhibit C Utiliites - final.pdf 02:31:06 Staff Presentation Assistant City Attorney Jen Giuttari presented the Ordinance, the purpose and need for the code clean up, the legal authority to do so, the proposed changes, and the proposed motion. 02:40:13 Questions of Staff 02:40:52 Public Comments There were no public comments on this item. 38 Bozeman City Commission Meeting Minutes, February 1, 2022 Page 7 of 9 02:42:19 Motion I move to provisionally adopt Ordinance 2098: Updating the Department Titles of Administrative Services and Public Works to Reflect the City's Current Department Titles, and Creating the Departments of Economic Development and Strategic Services. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 02:42:36 Discussion 02:44:23 Vote on the Motion I move to provisionally adopt Ordinance 2098: Updating the Department Titles of Administrative Services and Public Works to Reflect the City's Current Department Titles, and Creating the Departments of Economic Development and Strategic Services. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K) Work Session K.1 02:44:43 Downtown Bozeman Parking Supply and Demand Management Work Session City Commission Memo--Parking Work Session Feb 1 2022--Final.doc Pro Forma Report--City Of Bozeman--On-Street Parking.pdf 02:44:50 Staff Presentation Parking Program Manager Mike Veselik presented the Parking Supply and Demand Work Session. He presented the Community Engagement process, proposed solutions, feedback received, occupancy study August 2021, why paid parking for supply and demand management, potential parking rates and outcomes, a summary of the financial analysis, rate scenario comparison, possible options for funds, and the potential for additional community engagement for the use of funds. CM Mihelich provided a summary of the Transportation Advisory Board meeting that reviewed this proposal last week and the next steps for staff. 03:16:43 Questions of Staff 03:53:47 Public Comments Mayor Andrus opened this item for public comments. 03:54:32 Susan Riggs, Public Comment Susan Riggs commented that on-street parking needs to be more actively managed as a utility, supports pursuing paid parking downtown, and commented on infrastructure to allow flexible metered parking. 39 Bozeman City Commission Meeting Minutes, February 1, 2022 Page 8 of 9 03:55:50 Cory Lawrence, Public Comment Cory Lawrence commented on the issue of parking supply and made comparisons to other cities asking when and whether they have paid on-street parking. He commented on the funding of the current parking structure and potential other funding sources. He commented on the need to exhaust all other sources first. 03:59:37 Ellie Staley, Public Comment Ellie Staley, Executive Director of the Downtown Business Partnership, commented on the lack of known consensus, the need for direct involvement of downtown constituents, and the need to research additional funding avenues. 04:01:59 Meeting Extended Mayor Andrus extended the meeting until 10:15 pm. 04:02:56 Emily Talago, Public Comment Emily Talago commented on the long history of parking discussions in the City, appreciation for the outreach efforts, and her desire for future discussions on supply. 04:06:12 Discussion 04:17:41 Meeting Extended Mayor Andrus extended the meeting until 10:30pm. 04:17:40 Discussion Continued 04:20:36 City Manager Response CM Mihelich summarized the direction of the Commission to move forward with additional considerations of grant funding, the potential at the Federal Building, the circulator routes with Streamline and Gallatin County, and the utilization of Parking Benefit Zones. L) 04:25:57 FYI / Discussion M) 04:26:01 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk 40 Bozeman City Commission Meeting Minutes, February 1, 2022 Page 9 of 9 PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: April 5, 2022 41 Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk Levi Stewart, Assistant City Controller Aaron Funk, City Controller Rachel Harlow-Schalk, Interim Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:April 5, 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:Montana Code Annotated, Section 7-6-4301 requires the City Commission to review claims prior to payment. Claims presented to the City Commission under this item have been reviewed and validated by the Finance Department. The Department has ensured that all goods and services have been received and that necessary supporting documentation, and authorizations are in place. Additionally, the Department confirmed all expenditures were appropriately coded and within the current fiscal year allocated budget. UNRESOLVED ISSUES:It is important to note that because there was a 5th Tuesday in March and no Commission meeting on 3/29/2022, checks dated 3/29/2022 and 3/30/2022 were mailed before being presented to the City Commission. The team is looking into ways to stop the distribution of checks in these instances so that the City can assure compliance with fiscal requirements set by the state of Montana for claims. ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. 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. Report compiled on: March 25, 2022 42 43 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT:Ratify the City Manager's Signature on a Gallatin County Open Space Grant Application for Burke Park/Peet's Hill Expansion and Improvements Project MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Grant RECOMMENDATION:Ratify City Manager's Signature on Gallatin County Open Space Grant Application for Burke Park/Peet's Hill Expansion and Improvements Project STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:On December 14, 2020 the City Commission Approved Resolution 5353 allocating cash-in-lieu of parkland funds for the acquisition of 12 acres of land adjacent to Burke Park. The funds will be used toward the Burke Park Expansion and Improvement Project as described in the Gallatin Valley Land Trust's "Protect Peets' Final Piece'' proposal. The $485,000 was the City's first payment of a total $800,000 committed toward the purchase of the property. As described in the application and agreed to in Resolution 5353, the remaining $315,000 (plus financing costs) is due to Gallatin Valley Land Trust (GVLT) within 24 months. As stated in the staff memo from December 14, 2020, staff intends to pursue grants to secure the additional portion of the City’s commitment. The attached application to the Gallatin County Open Lands program is the first of such grants to be requested as a match to the City and GVLT’s contributions to the project. The City seeks to apply for the maximum award for a project in a single application cycle which is $100,000. A second application in 2023 may be appropriate depending on other grant opportunities. UNRESOLVED ISSUES:If awarded, the $100,000 grant would be paid immediately toward the City's $315,000 loan with GVLT. Funding for the remaining $215,000 balance of the loan is unidentified at this time; however, cash-in-lieu of parkland funds have been encumbered as a security. ALTERNATIVES:Per Commission FISCAL EFFECTS:If received, the grant amount would be paid immediately to GVLT to draw 44 down the loan balance and minimize financing costs and the encumbrance of cash-in-lieu of parkland funds would be reduced accordingly. Attachments: 2022 Gallatin County Open Space Grant - City of Bozeman.pdf Report compiled on: March 10, 2022 45 46 47 Burke Park/Peet’s Hill Expansion and Overlook Project Section 2 – Page 1 of 3 6. Narrative addressing evaluation criteria. The expansion of Burke Park from its current south boundary on Peets Hill to the County line meets the purpose and intent of the Gallatin County Open Space Levy and results in a tangible and compelling public benefit. The specific property for which funding is requested has a history of recreational use due to a narrow trail easement held by the City of Bozeman. When improvements are added and it is well-integrated into the existing City park, recreational use of the property will expand not only in terms of the park’s area, but with new features appealing to a wider group of people. The trails will now lead to two new passive recreational features—one is a new seating area in a prominent junction at the top of the Peets Hill; the other is a scenic overlook with interpretive signage celebrating our natural geography. The seating area will also come to life with donor recognition elements honoring the over 600 individuals who contributed to the project and grantors as applicable. With these new features and ADA access improvements, more people will be welcomed into the park to experience this rare in-town panorama of mountain views and celebrate the public-private partnership that has been expanding for decades at Burke Park. As noted in GVLT’s grant application to the City of Bozeman (attached) and in public letters, this property has been well-maintained as an open space by the previous owners. Due to leashing requirements and the narrow trail corridor, the vegetation is lush and many animals are still found there. These important traits have been considered in the improvements proposal which uses a small footprint to keep people and pets within focused areas. Targeted restoration and trail work within the existing parkland may also be employed to create natural, vegetative barriers and focused corridors to minimize recreational impacts. Although this newly acquired parcel does not contain any streams and rivers within its boundary, Burke Park now forms a mile- long backbone above Bozeman Creek. The protection of this additional land from development into perpetuity will help to maintain water temperatures and water quality as the creek enters the increasing hardscapes of downtown Bozeman. And all of this public benefit is being realized at a reasonable cost to the local government and thus, the residents of Gallatin County. As noted in the City of Bozeman Commission Resolution 5353 (attached), the purchase price for the property was below the appraisal value. The appraisal value itself was set at a rate comparable to the city’s appraisal for undeveloped parkland applied to new developments which is significantly below the market rate for land within the City. The extremely successful funding campaign by the Gallatin Valley Land Trust and the organization’s contributions make up over half of the project cost. If awarded, the Gallatin County Open Lands funding amounts to 6.2% of the total project or 8.2% of the $1.225 million purchase price for which this grant request is made. The City’s contribution has been 30% of the total project so far ($485,000) with another 20% ($315,000) plus financing costs committed within two years. If awarded funding through the Gallatin County Open Lands Levy, the City’s remaining commitment would be reduced proportionately. Over the next 16 months, City staff will continue to seek further funding from other sources such as the Montana Land and Water Conservation Fund. 48 Burke Park/Peet’s Hill Expansion and Overlook Project Section 2 – Page 2 of 3 The City of Bozeman staff and commission have committed to this project for a variety of reasons including those outlined above. In addition, expansion of the park and installation of new features supports several of our community objectives. The project is clearly in compliance with our 2007 Parks, Recreation, Open Space and Trails Plan and the Burke Park Master Plan (PROST) that outlines the consolidation of parkland and expansion of trail connections as two primary recommendations. The City of Bozeman’s 2020 Climate Plan calls for restoration efforts to improve carbon sequestration and states “The City will promote the installation and maintenance of greenways along bike and walking paths and incentivize the connection of habitat corridors as development and redevelopment occurs.” The project partnership and funding proposal contribute to the cross-cutting objective of the City’s Strategic Plan to expand public engagement through public-private partnerships and public agencies collaboration and the design emphasis on improving and diversifying access and activities within the new and existing parcel contributes to the creation of a safe, healthy and welcoming community. Ultimately, the significant public support for this project gave the City the confidence to invest from the cash-in-lieu of parkland funding and to commit to securing additional funding within two years. With over 650 different donations spread across the valley and the Country, we know that Burke Park is a treasured area enjoyed by all of us. As stated in the GVLT application attached: Even more impressive than the financial commitments were the stories we heard from the community. We heard from couples who had first dates, engagements and weddings on Peets Hill. We heard from staff who work at the hospital and use the trails along Peets Hill for a much-needed recharge. We heard from youth cycling groups and cross-country running teams. We heard about 4th of July Fireworks, solar eclipses, and sunsets. Families shared memories of sledding, teaching their children to ride a bike and walking the family dog. We heard from seniors who live at the Knolls and Aspen Point; the park is where they move daily and stay connected to community. We feel strongly that this investment will benefit the community at large, not only the City of Bozeman and County neighborhoods immediately adjacent, and we look forward to sharing this project with the County Open Lands Board and County Commission. 7. Describe proposed timeline for project and any work already completed on the project. GVLT started working on this project in June of 2021 after learning that a piece of land adjacent to Burke Park was coming up for sale. The first step was to work with their board to make an offer on behalf of the City of Bozeman and people of the Gallatin Valley in anticipation of the City’s financial commitment. Given the quick timeline, GVLT also commenced due diligence to prepare for the eventual property acquisition by the City as described in their attached application letter. The City Commission approved the project on December 14, 2022 including 49 Burke Park/Peet’s Hill Expansion and Overlook Project Section 2 – Page 3 of 3 the City’s funding commitment authorized in Resolution 5353 and directed City staff to work with GVLT to prepare for the closing which occurred January 2022. Future phases of the project will commence in 2022 starting with design refinement and Burke Park Master Plan Amendment at City Commission. Trail work is expected to commence during the summer of 2022 and the new seating area and overlook will be completed by the fall of 2023. 8. Describe anticipated maintenance requirements for the project along with an explanation of who will be responsible for maintenance and maintenance costs. As the property is now under City ownership, all maintenance responsibilities, including but not limited to weed management, trail maintenance and dog waste removal, will fall on the City and will be funded through the Parks and Trails District. It is anticipated that the City and Gallatin Valley Land Trust will have a separate donor-recognition agreement to outline terms of maintenance for certain elements of the seating and overlook areas. GVLT may also choose to support trail maintenance with volunteer events. 9. Please attach any supporting documents, maps, pictures, letters of support, etc. that may be useful in the initial evaluation of your proposal. The following materials have been attached in Section 3: 1. Conceptual Designs for Improvements (trails, scenic overlook, seating area with donor recognition features) 2. Burke Park Vicinity Map 3. Excerpts from December 14, 2021 City of Bozeman Commission Packet for Gallatin Valley Land Trust Project Application: o City of Bozeman Parks and Recreation Staff Memo o GVLT Application Letter o Project Cost Estimate o Summary of Public Engagement and Letters of Support o Public Comment Letter 4. City of Bozeman Resolution 5353 Authorizing Project Funding 5. Gallatin Valley Land Trust Support Letter The City of Bozeman is able to provide other land acquisition documents as requested. 10. Provide 15 copies of your completed application and supporting documentation and one digital copy. Application was submitted Friday, March 18 to the Gallatin County Planning Department. 50 PEETS’ HILL S. CHURCH AVE.NORTH2040800GATHERING AREA & LOOKOUT ENLARGEMENT - 1”=10’510200PLAN KEY NOTES:GATHERING AREA KEY NOTES:GATHERING AREA & LOOKOUTRIDGE PROMENADELOOKOUTRECLAMATION AREAMOUNTAIN RANGE VIEW FINDER& BOULDER BENCHMAIN PARK SIGN11223334455559999999777111111666610108881212BOULDER SEATINGMEDICINE WHEELEXISTING, IMPROVED TRAILMAIN PARK SIGNPARKINGDONOR RECOGNITION WALL51 SITE INVENTORYPEETS’ HILL NORTHPLAN REFERENCE - NTS RIDGE OVERLOOK31NORTH23. GATHERING AREA & LOOKOUT1 RIDGE PROMENADE23 RIDGE OVERLOOK3BRIDGERBRIDGERCRAZYCRAZYABSAROKAABSAROKAGALLATI N GALLATI N MADISONMADISON TOBACCO ROOTSTOBACCO ROOTSELKHORNELKHORN52 21,3510.7 Miles This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. Feet 2,4880 Legend 1,244 Location 2,488 Addi Jadin Burke Park/Peet's Hill Expansion and Improvement Project Created By: Created For: Vicinity Map Trails Paved Paths Gravel Paths Parks City Limits Streams Lakes Downtown Bozeman Sunset HillsCemetery Bozeman Health DeaconessHospital Bozeman CreekLocation 53 54 Memorandum REPORT TO: Recreation and Parks Advisory Board FROM: Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT: Burke Park/Peet's Hill Expansion and Improvement Proposal and Resolution 5353 Gallatin Valley Land Trust Application for Cash-in-lieu of Parkland Funds for Phase I Property Acquisition Matching Funds MEETING DATE: November 4, 2021 AGENDA ITEM TYPE: Citizen Advisory Board/Commission RECOMMENDATION: Approve the Burke Park/Peet's Hill Expansion and Improvement Proposal and Resolution 5353 Gallatin Valley Land Trust Application for Cash-in-lieu of Parkland Funds for Phase I Property Acquisition Matching Funds STRATEGIC PLAN: 6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND: The Gallatin Valley Land Trust has submitted a proposal to the City to purchase and install improvements on 12 acres at the south end of Burke Park/Peet's Hill. The proposal includes an initial application for $485,000 of cash-in-lieu of parkland (CILP) funding to cover purchasing and closing costs associated with the land transaction that would allow direct transfer of the property to the City of Bozeman. Additional phases of the project will include improvements as outlined in the grant application including expansion of the trail system, overlooks, a gathering/gateway area and donor recognition. As described in the proposal letter, GVLT requests that the City's funding for the project be applied to the property acquisition. In addition to the initial $485,000 payment, an additional amount of $315,000 plus financing costs is to be paid to GVLT within 2 years. Possible funding sources for the additional land acquisition costs include cash-in- lieu of parkland, grants, cash-in-lieu of parkland, and donations. The aforementioned proposal allows the property acquisition to move forward on GVLT's negotiated closing date in January 2021 with direct transfer of the property to the City, ensures CILP funding is available for other projects throughout the improvement phases, and allows GVLT to retain funding from their donors for property improvements. CILP Balance: The current unallocated balance for cash-in-lieu of parkland grants is 1 Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 55 approximately $890,000. The phase 1 grant of $485,000 amounts to approximately 54% of the current balance and if approved, the remaining balance would be $405,000. Staff recommends that the existing 58 CILP funding sources under $10,000 be applied to this project and the balance to be withdrawn from the remaining CILP funds. The balance of projects under $10K is approximately $140K. Future Phases: Future phases of the project will include refinement of proposed improvements, Burke Park Master Plan Amendment, grant applications by City staff, grant applications by GVLT, and completion of City financing. Preservation and restoration of existing wildlife and native plant species will be considered during the amendment to the park master plan. Additionally, amendments to Section 8.02.080 Bozeman Municipal Code regarding animal restraint requirements for the newly acquired parcel will be considered at that time. Until a code amendment is completed, dogs would be required to be on leash within the newly acquired parcel. UNRESOLVED ISSUES: Future funding sources and amounts for future project phases will be determined at the time of subsequent phases of the project and will be based on availability of cash-in-lieu of parkland , grants received, and other unidentified funding sources. Under the current proposal, the final cost to the City is unknown. By limiting City funds to acquisition costs, the land trust may finance the City's portion until it is paid including financing costs. Terms of financing are unresolved. Expansion of the restraint-free area at Burke Park will be considered during future phases of the project. ALTERNATIVES: Per Recreation and Parks Advisory Board or Commission decision. FISCAL EFFECTS: The Cash-In-Lieu of Parkland balance of $805,000 will be reduced to $320,000 if the initial grant request for $485,000 is approved. 2 Supplemental Materials Section 3 - Page <<3>> of 34 56 •P. O. Box 7021 • Bozeman, MT 59771 • • 406-587-8404 • www.gvlt.org • November 1, 2021 Bozeman City Commission Recreation & Parks Advisory Board 415 N Bozeman Ave. Bozeman, MT 59715 Dear City Commissioners and RPAB Members, Gallatin Valley Land Trust (GVLT) is pleased to present the attached Cash-in-Lieu of Parkland application that would provide essential funds to complete the “Protect Peets’ Final Piece” parkland acquisition and improvement project. If approved for full funding, this project will permanently protect 12 new acres as a City Park and would expand Burke Park (also known as “Peets Hill”) by 30%. This is a “once-in-a-lifetime” opportunity and quite possibly our last chance as a community to come together to protect the last large parcel on Peets Hill. GVLT is currently under contract to acquire the property; however, the timeline is tight. We have until January 18, 2022 to secure funds and complete the purchase. Earlier this fall, GVLT launched a fundraising campaign for a portion of the acquisition costs and associated due diligence, project management and improvements. Even more impressive than the financial commitments were the stories we heard from the community. We heard from couples who had first dates, engagements and weddings on Peets Hill. We heard from staff who work at the hospital and use the trails along Peets Hill for a much-needed recharge. We heard from youth cycling groups and cross-country running teams. We heard about 4th of July Fireworks, solar eclipses, and sunsets. Families shared memories of sledding, teaching their children to ride a bike and walking the family dog. We heard from seniors who live at the Knolls and Aspen Point; the park is where they move daily and stay connected to community. The total cost of this project is $1.6 million. GVLT is requesting that the City of Bozeman invest $800,000 in this project which will provide a 1:1 match of the $800,000 dollars that GVLT has already secured through private donations. All of the City funds will go directly towards purchasing the property. As the project budget details, we are proposing a multi-phase funding request from the City that includes a Phase I Acquisition request of $485,000 from the Cash-in-Lieu of Parkland fund, with future funding sources from the City yet to be finalized. We have received overwhelming public support for this project in the form of more than 650 individual donors, spread out across Bozeman, and beyond. Our community rallied around the cry to “Protect Peets’ Final Piece.” Now we are asking you to consider allocating money designated specifically for park acquisition to expand Peets Hill, to preserve the trails, the wildlife habitat and the scenic qualities that make this place a top attraction in Bozeman. Thank you for considering our application and we look forward to presenting additional information and answering questions at the upcoming public meeting. Sincerely, Chet Work Executive Director Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 57 Overview of Project and Request Gallatin Valley Land Trust (GVLT) invites the City of Bozeman (City) to partner on the acquisition of 12 acres of undeveloped land on Peets Hill and to protect it forever as a City park. The privately-owned property is located directly south of Burke Park and is contiguous with the existing park boundary. This project would permanently protect the last large parcel on Peets Hill and would increase the size of Burke Park by nearly 30%. The 12-acre property was listed for sale on the open market in July and GVLT narrowly secured a purchase agreement which allows until January 18, 2022 to complete the acquisition. The total cost for the project is approximately $1,600,000 which includes property acquisition, restoration and improvements. GVLT is requesting $800,000 from the City of Bozeman that would go directly towards the purchase price for the property. GVLT has secured an additional $800,000 through private fundraising that will match the City’s investment in this project. Ideally, all $800,000 of City funds would be available before closing of escrow on January 18, 2022. If that is not possible, GVLT will pursue bridge financing to cover the gap in City funding and could structure the transaction as an installment sale as follows: •First installment: $485,000 from Cash-in-Lieu: With respect for other City priorities, this application requests $485,000 through the Cash-in-Lieu of Parkland fund which is only a portion of the total funds required to close on the property. These funds would go directly towards the purchase of the property. •Second installment: $315,000 from other City funds: In order to provide the City with additional time, the remaining $315,000 (plus financing costs) could be scheduled over the next 24 months. During this time, the City could determine how to best acquire and allocate these additional funds. GVLT would secure bridge financing to cover the gap. Current Request from CIL: $485,000 Background In late June of this year, we, the board and staff of GVLT, learned that 12 acres of undeveloped land on the south end of Peets Hill were about to be listed for sale on the open market. This property has been on GVLT’s radar for many years because it is directly adjacent to one of Bozeman’s most beloved parks - Burke Park aka Peets Hill. We recognized that purchasing this property represented a “once-in-a-lifetime” opportunity to expand the park and buffer the existing parkland from encroaching development. Given the current real estate market and rapid development in the area, we also knew that we had to act quickly and decisively to have any chance of competing with other offers. Not surprisingly, within 24 hours of the property being listed, multiple offers had come in, including one from GVLT. After a few tense weeks of uncertainty, GVLT secured a purchase agreement for the property amidst a handful of developers and competing bids. Our agreement includes a 6-month term to close on the property, which gives us until mid-January to complete property investigations, and raise funds. If we are unable to secure the necessary funds by mid-January, the property will be re-listed and will likely sell for residential development. There may already be a back-up offer in place. In the early 1990s, GVLT, the City of Bozeman and the Burke Family partnered to protect the original 40+ acres that created Burke Park. The property was originally owned by the Peets 1 Materials 58 family who allowed the community to use the property for many years, which is why it is also known locally as “Peets Hill”. GVLT facilitated the acquisition with the Burke family and the property was eventually purchased by the City of Bozeman as parkland. In the original transaction, the Burke family held onto two development lots on the top of Peets Hill. In 2008, GVLT and the City of Bozeman again partnered with the Burke Family to acquire those parcels to ensure that the upper portion of Peets Hill would remain open to the public and not impaired by residential development. The current 12-acre property under consideration is the last large parcel on Peets Hill. It consists of native grasslands and shrubs that provide habitat for a diversity of birds and small mammals. The property provides spectacular views of the City of Bozeman and beyond. The property has an existing trail across it that provides trail connectivity from the top of Peets Hill to Sourdough Rd/South Church. This popular trail sees an average of 163 users per day and has a high of 247 users per day according to a trail counter located along the trail. Though the existing trail easement is somewhat secure, its location is not. The existing trail easement specifically allows the trail to moved anywhere on the property to accommodate homes, roads, utilities and other infrastructure. A provision is even made for termination of the easement should the City of Bozeman not accept the trail corridor as fulfillment of development requirements should the property be subdivided and developed. Additionally, GVLT sees opportunities to improve the existing trails on the property and enhance the parkland with expanded trails and natural lookouts providing spaces for quiet reflection of nature and taking in the spectacular views. GVLT has already hosted preliminary design and feasibility meetings with landscape architects to brainstorm community interests and needs for parkland improvements. There was consensus that improvements should be minimal to reflect the natural beauty of the land, and also incorporate inclusive design for people with disabilities, language translation, and educational opportunities around Native American history. GVLT sees an opportunity to rehabilitate the existing trail tread to provide a smoother, more stable surface and create more sustainability to reduce erosion and improve drainage. Proposed enhancements and much needed maintenance to the existing trail would be covered entirely by GVLT private fundraising efforts. Budget Please see the attached detailed budget. Many of the budget items related to property investigations (e.g. title review, environmental site assessment, survey, etc.) have already been incurred by GVLT as we have been completing necessary property investigations to keep the transaction moving forward. GVLT has also committed $60,000 in earnest money to secure the purchase agreement. As you can see in the attached budget, GVLT is covering all of these costs and providing them as a match to the requested funds from City of Bozeman. Because our contract on the property is extremely short, we have had to move quickly to take advantage of this opportunity. Phase I: Property Acquisition – The negotiated purchase price for the property is $1,225,000 and the closing date is January 18, 2022. The appraised fair market value of the property is $1,400,000. Once the property hit the market in July, GVLT mobilized quickly and negotiated Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 59 extensively to secure a purchase agreement on the property. Our first offer on the property was actually rejected in favor of a different offer from a developer. Fortunately, we were able to submit a backup offer and when the developer’s offer terminated, our backup offer became active. Since our offer was accepted, GVLT has been working diligently through the necessary property investigations. As detailed in the attached budget, the transaction costs associated with the purchase of the property total a little over $100,000 which is all being covered by GVLT as a match to the project. Phase II: Restoration and Improvements – GVLT has worked with Design 5 to complete an initial feasibility assessment on proposed improvements to the property. The cost of improvements are rough estimates created on a short timeframe. Because of the natural beauty of the property, the general concept is to have a “light touch” and have any new amenities blend into the landscape. However, a more thorough master planning process for the park may need to be completed, which could modify the proposed budget. Many of the private donors to this project noted the opportunity to improve the accessibility, community spaces and natural features of the property as a primary motivation for giving to the project. As noted in the budget, approximately $300,000 of individual donor funds as well as in-kind contributions from GVLT, Design 5 and other groups will be used for site planning and improvements on the property. Property Due Diligence GVLT has completed substantial property investigations and due diligence on the property. All of the following reports have been provided to the City of Bozeman for review. •Property appraisal – GVLT contracted with an independent, certified appraiser to conduct an appraisal of the property. The effective date of the appraisal is September 1, 2021. The appraisal report determined that the fair market value of the property is $1,400,000. The A woman takes in the views as she walks her dog on the connector trail that traverses across the subject property 3 Supplemental Materia 60 highest and best use of the property from an appraisal perspective was identified as a 5- lot subdivision. Utilities, water and sewer are accessible from pipelines that run north from Kagy Boulevard. The appraised value of the property is substantially higher than the purchase price, ensuring that GVLT and the City of Bozeman would not be paying above fair market value for the property. The City of Bozeman is listed as an intended user of the appraisal. •Title Review – GVLT ordered a title commitment from American Land Title Company of Bozeman. GVLT staff and outside counsel have reviewed the title and found the title to be very clean given the location of the property within city limits. The title commitment and title exception documents have been provided to City staff for review. •Phase I Environmental Site Assessment – GVLT contracted with TD&H engineering to conduct a Phase I Environmental Site Assessment of the property. The environmental assessment did not identify any environmental concerns on the property and no further action was recommended. •Property Boundary Survey – GVLT contracted with surveyor Jonathan Roen of Roen, Inc to locate and mark the boundaries of the property. •Minerals Ownership – GVLT contracted with a mineral ownership reviewer who determined that the current landowner own all mineral rights associated with the property. It is expected that the mineral rights would transfer if the property is acquired. Timeline for Completion: As noted above, GVLT is under contract on the property and the closing date for the transaction is January 18, 2022. If we have not secured the necessary funds by that date, the contract would terminate, and the property would return to the open market. Design and feasibility for improvements on the property would begin soon after purchasing the property in close coordination and collaboration with City of Bozeman parks staff. Conclusion Earlier this fall, GVLT launched a fundraising campaign for a portion of the acquisition costs and associated due diligence, project management and improvements. The community was overwhelmingly supportive of this project and 650 individuals made donations of all sizes our campaign totaling $800,000. Even more impressive than the financial commitments were the stories we heard from the community. We heard from couples who had first dates, engagements and weddings on Peets Hill. We heard from people who processed some of the hardest moments of their lives while sitting on a bench there. We heard about 4th of July Fireworks, solar eclipses, and sunsets. Families shared memories of sledding, teaching their children to ride a bike and walking the family dog. An overwhelming number of people made donations in honor of their pets. We heard from seniors who live at the Knolls and Aspen Point; the park is where they move daily and stay connected to community. We heard from youth cycling groups and cross- country running teams. We heard from staff who work at the hospital and use the trails along Peets Hill for a much-needed recharge. And while Peets Hill is an urban park in the heart of Downtown, we heard from many that the park’s natural beauty was its most important feature. Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 61 Burke Park contains some of the most diverse plant populations per acre (217 species) in the Greater Yellowstone Ecosystem! We even heard from visitors to our area that have enjoyed the views on their adventures. GVLT, the 300+ signers to our attached letter of support and our 650 donors for this project, believe that the project to Protect Peets’ Final Piece is worthy of a highly leveraged $800,000 investment of City of Bozeman. Thank you for considering this application and please let us know if there is additional information we can provide. Pups pose for a photo as official members of the ‘Peets Pack’ 90 people made donations to the project in honor of their dogs. 5 s 62 Phase I: Land Acquisition Detail Total Cost City of Bozeman % CoB Match Source Purchase 485,000$ Cash in Lieu 315,000$ GVLT Bridge Loan to City Purchase of land 12 acres at approx. price of $2.33/square ft.1,225,000$ 800,000$ 425,000$ GVLT Transaction Costs Title and closing title insurance, closing costs 4,000$ -$ 4,000$ GVLT Appraisal property appraisal 4,000$ -$ 4,000$ GVLT Phase 1 ESA environmental site assessment 5,000$ -$ 5,000$ GVLT Boundary survey to locate property boundaries 1,500$ -$ 1,500$ GVLT Minerals ownership review to determine mineral ownership 525$ -$ 525$ GVLT Legal review contract drafting and review 12,000$ -$ 12,000$ GVLT Site planning to develop conceptual plan 20,000$ -$ 20,000$ Design 5 (donated) GVLT project management negotiations, due diligence, fundraising, 900hr @ $60hr avg 54,000$ -$ 54,000$ GVLT PHASE I Total 1,326,025$ 800,000$ 60%526,025$ 40% Phase II: Improvements Detail Total City of Bozeman % CoB Match Match Source Site Preparation and Reclamation Erosion control 6,500 SF @ $0.75 4,875$ -$ 4,875$ GVLT Grading and site layout 7,500 SF @ $0.38 2,850$ -$ 2,850$ GVLT Top soil & amendments 495 CY @ $5.00 2,475$ -$ 2,475$ GVLT Native reclamation seeding 40,500 SF @ $0.25 10,125$ -$ 10,125$ GVLT Mobilization 1 EA @ $5,000 5,000$ -$ 5,000$ GVLT Site Amenities - Trails & Overlooks 4' gravel paths 3,850 LF @ $11.00 42,350$ -$ 42,350$ GVLT Trail directional sign 3 EA @ $500 1,500$ -$ 1,500$ GVLT Trail educational sign 8 EA @ $1,000 8,000$ -$ 8,000$ GVLT Pet waste receptacle 2 EA @ $350 700$ -$ 700$ GVLT Sculpture park - concrete pads 530 SF @ $6.00 3,180$ -$ 3,180$ GVLT Trail benches 3 EA @ $1,500 4,500$ -$ 4,500$ GVLT Boulder seating at overlook 15 EA @ $750 11,250$ -$ 11,250$ GVLT Site Amenities - Gateway & Gathering Space Circular gravel pad (30')706 SF @ $8.00 5,648$ -$ 5,648$ GVLT Boulder seating 17 EA @ $750 12,750$ -$ 12,750$ GVLT Mountain Range View Finder 4 EA @ $12,000 48,000$ -$ 48,000$ GVLT Inset Steel Medicine Wheel 1 EA @ $45,000 45,000$ -$ 45,000$ GVLT Donor Gateway - Engraved boulders 20 EA @ $750 15,000$ -$ 15,000$ GVLT Design & Project Management Landscape design site planning 18,000$ -$ 18,000$ Design 5 (donated) Civil engineer construction design 7,500$ -$ 7,500$ GVLT Native plant consultant for restoration work 2,000$ -$ 2,000$ GVLT GVLT project management 300 hrs @ $60/hr 18,000$ 18,000$ GVLT Contingency 10% construction contingency 30,000$ -$ 30,000$ GVLT PHASE II Total 298,703$ 298,703$ Total Cost City of Bozeman Match % Match TOTAL 1,624,728$ 800,000$ 49%824,728$ 51% CIL Request 485,000$ Phase I: Land Acquisition (Fall/Winter 2021) Peets Hill/Burke Park Expansion Project Budget Phase II: Improvements (Spring/Summer 2022) Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 63 64 Cash-in-Lieu of Parkland Funding Application November, 2021 Gallatin Valley Land Trust Attachment 3 Describe the process utilized for obtaining public input and support for the project. GVLT has seen an outpouring of support for this project, demonstrated by the conversations we have had with community members and the overwhelming financial backing the project has received. Over 650 donors have contributed to the project. This campaign counts as GVLT’s largest capital campaign in its 31 year history. Below is a map of the Gallatin Valley displaying the locations associated with donations for the Peets Hill project. People from all over the valley have rallied around this important piece of land in the heart of downtown Bozeman. It truly is a destination park that serves members of the community beyond the adjacent neighborhoods. In addition to financial support, please find attached letters of support from various partners, donors, and businesses that support this project. In addition, 315 community members signed on to a letter of support for this application. Finally, GVLT and landscape architecture firm Design 5 invited a variety of voices from the community to imagine what improvements to the property might look like. Design 5 is currently working on some Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 65 conceptual drawings based on this feedback that they will present to GVLT and the City of Bozeman for comment and approval. GVLT will work closely with the City of Bozeman Parks department in order to finalize details on how trails and park amenities can be added and/or improved. 66 915 Highland Boulevard | Bozeman, MT 59715 | 406-414-5000 | bozemanhealth.org October 20, 2021 City of Bozeman 121 N Rouse Ave Bozeman, MT 59715 Whom it May Concern, Bozeman Health is proud to submit this letter in support of Gallatin Valley Land Trust’s (GVLT) application for funding from City of Bozeman’s Cash in Lieu of Parkland program to purchase 12 acres at the south end of Peets Hill. Peets Hill is the heart of our local trail system, Bozeman’s most iconic park, and the property contains an important trail connection from Peets Hill to Kagy Blvd and the rest of the Main Street to the Mountains system. Bozeman Health Deaconess Hospital and Hillcrest Senior Living are close neighbors to Peets Hill/Burke Park and appreciate the tremendous value it provides to our employees, our visitors, and our residents. As a health system dedicated to improving community health and quality of life, we appreciate the friendship and collaboration we have with community partners like GVLT. Securing this additional land is important—not just to nearby residents, but for residents who come to use this property from all over Greater Gallatin Valley. A Bozeman Health employee shared that they and their partner often walk Peets Hill on Sunday mornings, driving from across town to enjoy the views and with the knowledge that they are likely to see other colleagues out enjoying the trail as well. Bozeman Health and GVLT have a strong partnership and work together often, most recently on the Wellness Connector Trail in the Highland Glen Nature Reserve. Their dedication to overall health and well-being and ensuring that trails are accessible to all is to be commended. It is important that Peets Hill/Burke Park remain available for residents for the years to come, to directly and positively impact community health and in support of living an #outdoorhealthylife. We’ve shared before that research shows a positive relationship between neighborhood open space and physical activity. People in communities with abundant open spaces generally enjoy better health. As Southwest Montana’s healthcare provider of choice, we hope you favorably review GVLT’s application as this is an important opportunity to improve our community’s health and quality of life. With you in health, John Hill President and CEO Bozeman Health Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 67 To the Recreation and Parks Advisory Board and Bozeman City Commission, Thank you for considering the Gallatin Valley Land Trust's application for cash in lieu of parkland funds to support the acquisition of the 12 acres at the south end of Peets Hill. We, the undersigned, support the allocation of funds from the Cash in Lieu program because Peets Hill is a truly special and unique place for City residents and visitors alike. Peets Hill is a popular destination and cultural icon for people all over the city, not just downtown. It is where our community comes together with neighbors, friends, family, hospital staff, MSU students, seniors, youth, and of course, our dogs. These public dollars would be highly leveraged by GVLT's successful private fundraising and we believe that this is a worthy and appropriate use of the City's Cash In Lieu of Parkland funding. Thank you for your consideration and support of the shared outdoor spaces that make this place so special. The 327 individuals below have signed on to this letter of support. They are joined by 650 individuals who have made contributions to Protect Peets’ Final Piece. Aaron Wernham Adam Johnson Adam St.Pierre Alexa Coyle Alison Bayr Alison Totten Allison Throop Aloha Johnson Amanda Eva Jungles Amanda Strolin Amie Majerus Amy Berghold Amy Falcione Amy Kleist Andy Montgomery Ann Halverson Ann Kunsak Anna Allen Anna Patterson Anna Sellers Anna Wearn Anne Banks Anne Lewis Annmarie Sheets Art Sandborgh Audrey Wooding Barb Cestero Barbara Mall Barbara Sirovatka Barbara Turner- Lantz BB Webb Becca Mulhill Becky Saleeby Ben Ford Bern Kohler Beth Madden Betsy Beauvais Bill and Jane Gum Bill Pailthorpe Brad Benne Breanna Polacik Brenda Boyd Cooper Brenda Coppede Brett Conner Brian Haskins Bridget Uzzelle Bronson Neff Bruce Combs Bryna Barfknecht Bunny Gaffney Byron Groh Carlene Pailthorpe Carol Ann Flaherty Carol Weaver Caroline Groth Casey Sheahan Catherine Courtenaye Cathleen Stamm Cathy Baumbauer Cathy Costakis Cathy Gnehm Spencer Cedar Mathers- Winn Celeste Ellig Charles Geller Charles Hussey Chelsea Quiñones Cheryl Eiholzer Cheryl Santos Christina Reynolds Christine Stoppa Cimberli Kearns Claire Chandler Claire Gillam Clara Johnson Pincus Clark Bosley Clay Ellig Colleen Keller Collette Brooks- Hops 68 Cooper Shea Cora DeSantis Cori Soucie Courtney Grigg Cynthia N Evans Dan Riley Darra Perdaems Dave Ball David Knickerbocker David Peters Davina Stebbins Dean Littlepage Debbie Schenk Deborah Peters Debra De Bode Dee-O-Gee Bozeman Devin Archilla Diane Donnelly Dominique Hays Donald Aandal Eddie Steinhauer Edith Harrington Elaine Chandler Eleanor Barker Elizabeth Domenech Elizabeth Flesch Ellen Stephenson Emily Eicholtz Emily Qiu EmilyBojorquez Emma Burick Emma Kucharski Eric Nielsen Erin Downey Erin Eisner Erin Jackson Erinn Zindt Faye Boom Fr. D Gregory Smith Gail Weingart Sedivy Gary Kachadurian Gerald Nielsen Gerrie Mohr Gerry Lang Gina Carolan Glenn Allinger Gregory Houston Hannah Beckner Hannah Gross Harriet Tamminga Heather Stewart Hillary Guilford Hillary Wernlund Walz Honor Randall Ian Roderer Inese Wheeler Isabelle McGrail Jackson Deane Jacob Abel Jacob Robl Jaime Martinez Jaimi Melville Jan Deal Jana Van Dam Jane Mittelsteadt Jane Wilson Janet Fox Janet Rolfs Janet Young Jeff Swan Jeffrey Dineen Jena Olney Jenélle Dowling Jenna Fallaw Jennifer Hicks Jennifer Lammers Jessica Groseth Jessica Hickey Jessica Minalga Jessica Quay Jim Walseth Jodi Atterberg John Applegate John Backes John Payton Jon Maxwell Jon Zemans Joni Evans Joseph Capella Joseph Quiñones Josh Hays Joshua Gallatin Judy Tucker Julia Henderson Julia Mazade Julie MacGillis Julie Nix Kara Adams Kasey Schultz Kasey Welles Kassandra Betterley Kathy Allen Kathy Powell Katie Minalga Katie Plumb Katie Scharmer Katrina Ivancic Katy Souther Keith Laskowski Kelly Pohl Kelsey White Kelsi Tjernagel Ken and Barbara Kaufman Ken McKenna Ken Pierce Kimber Brown Kimberly Schlenker Kristin Taylor Lacey Egelus Laura Pertuit Laura Prindiville Laurel Sabol Lauren McGee Lawrie Lieberman Lee Allinger Leslie Taylor Linda Pierce Linda Semones Lindsay Hibbs Lindsey Henson Lisa Meredith Shick Lisa Riley Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 69 Lisa Roos Liz Sherman Lynn Altizer Madeline Kirch Madison Currey Madison Stevens Mandy Meyer Margaret Ward Mark Ringer Mary Keefer Matt Lavin Matt Thompson Maurene Hinds McCall Dunn Megan Hartwig Megan Higgs Melinda Winegardner Melissa Bowen Melissa Butynski Michael Fallaw Michael McGee Michaela Hackner Michaela O'Donoghue Michele Eckhardt Michele McKinnie Michelle Thiel Milton Mozen Miranda Wheeler Molly Bowman Monique Renard- Pierce Moriah Ellig Nancy Blake Nancy Davenport Nancy Ostlie Natalie McKay Nichole Joyce Nick Stadie Nolan Sunderland Pam Szelmeczka Pascal Beauvais Pat Ramos Patricia Cornelious Patricia Dowd Patricia Sherman Patricia Simmons Patrick Costello Patrick Gale Patrick Mitchell Patrick Nix Patti Steinmuller Paul Guest Paula Mozen Peder Groseth Pete Fay Peter Thatcher Philip Naro Rachel Black Rachelle McLain Randy Throop Richard Gillette Richard Taylor Rob Jaeger Rob Maher Robert Larsen Robert Meshew Robert Morrell Robin Bosley Robin Hape Rochelle Nielson Roger Fischer Ron Kaye Roni Zimmer Rosemary Keller Ryan ONeill Salal Huber- McGee Sam Haraldson Sandy Dodge Sarah Day Sarah Price Sasha Slorer Scott Hinds Shana Wood Sharon Iltis Sheena Perata Sheri Simkins Sonja Chandler Spencer Bruce Stacie Coppens Stella Moss Stephen T. Cole Steve Griswold Steve Seright Steven Krezminski Stuart Strolin Sue Parrish Sumana Petaja Sumner Anacker Sunniva Russell Susan Hinkins Susan Penner Taylor Casey Teresa Seright Teri Ball Tim Marcinko Tisha Jones Tobie Laskowski Toby Koffman Tomas Gedeon Tory Atkins Trevor Soucie Valerie Copie Vivien Park Whitney Bermes Yadira Alvarez Yvonne Leung Yvonne Rudman 70 October 20, 2021 To: Bozeman City Commissioners Re: City of Bozeman’s Cash in Lieu of Parkland Dear Bozeman City Commissioners: I am writing on behalf of the Downtown Bozeman Partnership Board members in support of GVLT’s application for funding from City of Bozeman’s Cash in Lieu of Parkland program to purchase 12 acres at the south end of Peets Hill. As a Bozeman resident of 22 years, I vividly remember my early years here spending countless hours walking Peet’s hill teaching my dog social skills and admiring the new community I was privileged to be a part of. Now, as an employee of the Downtown Bozeman Partnership for over 15 years, I have watched this easily accessible walking trail grow into the heart and soul of our city-wide trail system as well as a critical community gathering space due to its central location, amazing views, and welcoming nature. There is no doubt that Peet’s Hill has become a vital community asset and that this sentiment is shared by nearly all of our residents, employees, visitors and beyond. Also, with Peet’s Hill being GVLT’s first community-trail program endeavor, they continue to be an integral part of bringing the community together to preserve and protect the greenspace within our community that we all love and cherish. And as future development threatens our coveted urban greenspace, with leadership from GVLT and support from the City of Bozeman through the cash in lieu of parkland funds, the time has come once again to take action to preserve and protect the final piece of this community asset. So, it is with great passion and excitement that the Downtown Bozeman Boards support the $800,000 match of City Cash in lieu of Parkland funds to purchase the final 12 acres of Peet’s Hill as well as future enhancements and improvements to this special piece of property. Thanks in advance for your time and consideration. Sincerely, Ellie Staley Executive Director Downtown Bozeman Partnership Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 71 October 27, 2021 City of Bozeman 121 N Rouse Bozeman, MT 59715 To whom it may concern: Eagle Mount is in support of GVLT’s application for funding from the City of Bozeman’s Cash in Lieu of Parkland program to purchase 12 acres at the south end of Peets Hill. In particular, one of the improvements that GVLT is proposing is to create all abilities access to overlooks on Peets Hill. These all abilities access spaces will be paired with the paved, accessible parking available near the water tower on Peets Hill. This will create yet another opportunity for people with limited mobility or our neighbors who use adaptive equipment to visit this community resource and enjoy the benefits of outdoor recreation. Eagle Mount is in support of the public/private partnership between the City of Bozeman and GVLT and are in support of GVLT’s application for funding from the City of Bozeman’s Cash in Lieu of Parkland program to purchase 12 acres at the south end of Peets Hill. Appreciatively, Kevin Sylvester Executive Director 72 October 27, 2021 City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 Attention: Recreation and Parks Advisory Board City Commission Re: Letter of Support for GVLT’s application for funding from the City’s Cash in Lieu of Parkland As a transit provider and advocate of multi modal transit connections and opportunities, the connection that Peet’s Hill to Kagy Boulevard and the rest of the Main Street to the Mountains trail system provides directly in conjunction with bike lanes and Streamline bus stops is invaluable in our community. Our route redesigns for Streamline that went into effect in August 2021 and our long term transit plans were informed by and designed around these systems and connections. Losing this corridor would create a significant disconnect in systems and loss of access points, particularly along Kagy Boulevard where reduced traffic congestion is a critical component to safety and climate impacts. GVLT has a demonstrated history and capacity to successfully acquire properties to meet the health and wellness outcomes for our community. This appears to be an eligible investment from the Cash in Lieu of Parkland funds and creates more parkland for the City of Bozeman. HRDC fully supports an investment in this community initiative and the public/private partnership proposed between the City of Bozeman and GVLT. Sincerely, Heather Grenier President/CEO Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 73 October 21, 2021 Cash In Lieu of Parklands Program City of Bozeman Bozeman, Montana 59715 Dear City of Bozeman Officials, Mountain Time Arts firmly supports Gallatin Valley Land Trust's application for the Cash In-Lieu of Parklands (CILP) funds for the extension of Peets Hill. Gallatin Valley Land Trust is an important partner of Mountain Time Arts. One of the many ways that Gallatin Valley Land Trust has supported Mountain Time Arts is a contribution to the "Lighting of the Teepees - Illuminating Indigenous Peoples' Day" on Peets Hill. We hope that we will work closely with Gallatin Valley Land Trust and the City of Bozeman on future art installations and events on Peets Hill. Thank you for considering our support in Gallatin Valley Land Trust's application for CILP funds. Kind regards, MaryBeth MaryBeth Morand Executive Co-Director Mountain Time Arts marybeth@mountaintimearts.org mountaintimearts.org 74 Outside Bozeman • Southwest Montana’s Outdoor Journal • outsidebozeman.com 313 W. Mendenhall #8 • PO Box 1101 • Bozeman, MT 59771 • 406-582-8068 • info@outsidebozeman.com October 20, 2021 REGARDING THE PEETS HILL ACQUISITION BY GVLT: On any given day, any season of the year, Peets Hill bustles with Bozemanites. Young and old, male and female, solo and in groups, the good citizens of this town take to their favorite in-town park to exercise, breathe the fresh air, have a picnic, walk the dog, catch up with friends, or enjoy the setting sun. Before work, at lunch, after work, and on the weekend, these folks flood in from every point on the compass. That all-day, multi-directional access is one of the things that makes Peets Hill so special. Whatever your approach angle, whatever your mode of travel—on foot, by bike, atop a skateboard or scooter, in a car—a trail guides you in, directly to its long spine, its beating heart. From there you can strike out in another direction, to run errands, visit a friend, or continue your run or ride. Can you imagine losing the southern portion of Peets Hill? It would be like carving off the corner of Central Park in New York City, replacing that open public space with private condos. It would change everything. It would degrade the access, depreciate the character, and devalue the experience. That cannot happen. We need Peets Hill, and we need it in its entirety. We need it for our daily dose of nature. We need it to restore our sanity amid the increasing hustle and bustle of Bozeman. We need it for our quality of life. We need it for our way of life. We need it for our children, and theirs. As a 30-year resident of Bozeman who enjoys Peets Hill often, I cannot think of a more important addition to city parkland. As a 20-year business owner whose customers enjoy Peets Hill often, I cannot think of a better use of Cash in Lieu of Parkland funds. Please support GVLT’s efforts and help them close the deal on this important acquisition. Please continue Bozeman’s long history of predominately non-vehicular access to a centralized recreation area and connective trail network whose quietude and natural beauty provides solace to hundreds of people every day and to thousands, perhaps tens of thousands, every year. Please help save Peets Hill. Mike England Outside Bozeman Magazine mike@outsidebozeman.com Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 75 Penelope Pierce 1029 North Two Waters Way Belgrade, Montana 59714 406-570-0152 pierce.penelope@gmail.com October 22, 2021 City of Bozeman The Whom It May Concern As the former Executive Director of the Gallatin Valley Land Trust (GVLT), I am writing to voice my strong support of GVLT’s application for full funding from the City’s Cash in Lieu of Parkland. What a fabulous project! Peets Hill is the very heart of our Main Street to Mountains trail system and a cherished park. It was the first project GVLT did, back in the early 90’s and has become an iconic part of Bozeman, loved and visited by tens of thousands of people (and dogs) each year. I cannot think of a better use of Cash in Lieu of Parklands funds as our valley continues to grow at an unprecedented rate. Places where people can go to be in nature, visit with friends and neighbors and see our beautiful valley are fast disappearing, and to have another beloved open space lost to development would be heartbreaking for so many and for Bozeman. We need places like Peets Hill. It is a community-gathering place at it’s finest. Thank you for all that you do and for you consideration. Sincerely, Penelope Pierce 76 City of Bozeman 121 N. Rouse Ave. Bozeman, MT 59715 October 27, 2021 To Whom It May Concern: I am writing today in support of GVLT’s application for funding from the City’s Cash in Lieu of Parkland for 12 acres of open space at the south end of Peets Hill. As the region’s leading advocates for mountain bike trails, the Southwest Montana Mountain Bike Association (SWMMBA) is committed maintaining and enhancing trail access, and this project does just that. With over 2,500 members, SWMMBA is the largest trails organization in the state, and many of our members use this open land on a regular basis. In-town trail connectivity is vital to improving community health and wellness, creating sustainable active transportation infrastructure, and connecting to our outdoor spaces. The area in question provides critical access to other town trails, which in turn connect with our state and federal public lands on the south end of the Gallatin Valley. Losing these connections would pose safety risks to cyclists, increase car traffic, and further add to congestion at local trailheads. Cycling is increasing in popularity and projects such as these allow our sport to continue to grow, providing another beneficial form of active recreation while also adding to the economic prosperity of the region. For these reasons and more, the SWMMBA board of directors fully supports GVLT’s application for Cash in Lieu of Parkland funding. On behalf of the SWMMBA Board, thank you for the opportunity to comment. Sincerely, Ian Jones Board President Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 77 78 Burke Park/Peet's Hill Expansion and Improvement ProjectSection 3 - Supplemental Materials79 80 Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 81 82 Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 83 84 March 8, 2022 Gallatin County Open Lands Board Gallatin County Commissioners 311 W Main St, #306 Bozeman, MT 5975 To Whom It May Concern: Gallatin Valley Land Trust (GVLT) enthusiastically supports the application made by the City of Bozeman Parks & Recreation Department (The City) for the Burke Park Expansion project. We believe that the acquisition of open space, particularly when it has perpetual, dedicated maintenance and management funding to care for it, is the ideal use of Open Lands program funding. In January of this year, GVLT and the City worked hand-in-hand to purchase an additional twelve acres of parkland to add to one of the most visited landscapes in Gallatin County. Known fondly by people across the Gallatin Valley as “Peets Hill,” Burke Park now features 54 acres of open land, creating a more than one-mile linear greenway stretching from the Bozeman Public Library to the County line south of Kagy. The Peets Hill trails are an integral part of the Main Street to the Mountains system, which stretches from downtown Bozeman to the Bridger and Gallatin Mountains. Peets Hill is the beating heart of the valley’s urban trail network, serving thousands of City and County residents annually. In fact, the preservation of Peets Hill was GVLT’s first trail project. Now we find ourselves coming full circle, growing this unique park so that it remains both open and accessible to anyone who visits. As GVLT continues to expand its service area out into the Triangle and beyond, it remains important to preserve the critical connections that make our trail system unique. Without quick and decisive action from GVLT and the City of Bozeman, this new parkland likely would have become a housing development, threatening the trail connectivity this property has provided the public for decades. Now it will remain open and accessible in perpetuity. GVLT was able to raise $800,000 of the $1.6 million project from 655 donors, more than half of whom reside outside the downtown area. The City committed to match the community’s contribution with nearly $500,000 already paid toward the land purchase. GVLT supports the investment of $100,000 of Open Lands funding to advance the remainder of the project, including adding a gathering space, all abilities accessible overlook, and trail and resource restoration efforts. Thank you for your support of trails and open lands in Gallatin County, and for your time and attention to this funding request. Sincerely, Matt Parsons, Director Trails Program mail P.O. Box 7021, Bozeman, MT 59771 office 212 S. Wallace Ave., Suite 101, Bozeman, MT 59715 info@gvlt.org | phone 406.587.8404 | fax 406.582.1136 Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 85 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation in the Amount of $2,000,000 from the Bozeman Public Library Foundation for the First Installment for Construction Services for the Bozeman Public Library Expansion MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to sign a Letter of Agreement accepting a donation in the amount of $2,000,000 from the Bozeman Public Library Foundation for the first installment for construction services for the Bozeman Public Library Expansion. STRATEGIC PLAN:5.1 Civic and Cultural Infrastructure: Expand Bozeman's civic and cultural "infrastructure" as the city grows. BACKGROUND:On August 17, 2021 the City Commission approved an Agreement between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman for Phase 2 (Final Design) and Phase 3 (Construction) of the Bozeman Public Library Expansion to address growing program needs, in addition to expanded meeting room space. This Letter of Agreement confirms the understanding reached by all parties and sets forth the terms and conditions of a contribution by the Bozeman Public Library Foundation to the City of Bozeman for the first installment for construction services for the Bozeman Public Library Expansion. This agreement was approved by the Bozeman Public Library Foundation on March 9, 2022, and has been reviewed by the Legal Department and found to be acceptable in meeting the City’s specifications and standards. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:Current project estimates total $5,135,585.00 to include all phases of pre- construction and construction services. To date, the Library Foundation has provided funding to the City totaling $710,671.83, and the City has committed $362,000.00 in support of the project through the Library 86 Depreciation Fund. This Agreement accepts $2,000,000.00 to be allocated in support of construction services. A subsequent Agreement and transfer of additional funds necessary to complete the project will be necessary after a successful bid and before completion of the project. Attachments: Bozeman Public Library Expansion Project - First Installment for Construction Services - Letter of Agreement.docx Report compiled on: March 24, 2022 87 Letter of Agreement March 2, 2022 RE: First Installment for Construction Services for the Bozeman Public Library Expansion—Letter of Agreement This letter of agreement (the “Agreement”) confirms the understanding reached by the parties and sets forth the terms and conditions of a contribution by the Bozeman Public Library Foundation (“BPLF”) to the City of Bozeman (“City”) for the first installment for Construction Services for the Bozeman Public Library Expansion. 1. Parties to the Agreement and Notices: a. For BPLF Contact: Janay Johnson, Director Address: 626 East Main; Bozeman MT 59715 b. For City of Bozeman Contact: Cyndy Andrus, Mayor Address: 121 N. Rouse Ave; Bozeman MT 59715 2. Background: Details of the project and the specific responsibilities of each party are outlined in the Agreement between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman signed and executed on August 17, 2021. Current project estimates total $5,135,585.00 to include all phases of pre-construction and construction services. To date, the Library Foundation has provided funding to the City totaling $710,671.83, and the City has committed $362,000.00 in support of the project through the Library Depreciation Fund. This Agreement accepts $2,000,000.00 to be allocated in support of construction services. A subsequent Agreement and transfer of additional funds necessary to complete the project will be necessary after a successful bid and before completion of the project. 3. BPLF Responsibilities: a. Perform a wire transfer in the amount of $2,000,000.00 payable to the City no later than April 15, 2022. 4. City of Bozeman Responsibilities: 88 a. Utilize the funds exclusively for Construction Services for the Library Expansion Project. b. Return any unused funds to BPLF at the completion of Construction Services. c. Highlight BPLF’s funding and involvement in the project in press releases or other promotional activities. 5. Acceptance: By signing below, the undersigned represent that they are authorized to act on behalf of their respective parties and to bind their respective parties to the terms of this Agreement, and that the undersigned parties have read, understand and agree to the above. Bozeman Public Library Foundation: Signed: ____________________________ Janay Johnson, Director Date: ______________________________ City of Bozeman: Signed: _____________________________ Jeff Mihelich, City Manager Date: _______________________________ 89 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Accept Citizen Advisory Board Work Plans for 2022-2023 MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to accept the Citizen Advisory Board Work Plans for 2022-2023 as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:As part of the High Performing Boards process, the City Clerks' Office has received the attached approved work plans for 2022-2023 UNRESOLVED ISSUES:The Urban Parks & Forestry Board's work plan is scheduled to be approved in its final form at the April 28, 2022 meeting. ALTERNATIVES:As per Commission FISCAL EFFECTS:None identified Attachments: Sustainability Approved Work Plan.pdf Community Development Approved Work Plan.pdf Economic Vitality Approved Work Plan.pdf HPAB Work Plan Memo FINAL.pdf Transportation Advisory Board Work Plan 2022-2023.pdf Report compiled on: March 11, 2022 90 Sustainability Advisory Board Work Plan 2022-2023 Focus Area 1: Climate Planning The Sustainability Board will provide advisory recommendations to the City Commission, and as requested by the City Manager, to the City Manager, on policies related to the City of Bozeman’s Climate Plan. The policies the board advises on must seek to ensure Bozeman is a leader in mitigating the impacts of climate change. Work Plan Item 1: Unified Development Code (UDC) Overhaul Resolution 5368 adopts the UDC Overhaul as a City Commission priority for 2022-2023. The UDC Overhaul will adopt changes to the Unified Development code that facilitate increased housing density, housing affordability, climate action plan objectives, sustainable building practices, and a transparent, predictable and understandable development review process. The Sustainability Advisory Board will provide input to staff on the Climate Plan objectives and sustainable building practices sections of the UDC Overhaul, and make a recommendation to the City Commission (i.e., agenda action item). *Bozeman Climate Plan Reference: 1.B.1, 1.B.5, 3.G.2, 6.N.3 Work Plan Item 2: Model Homeowner’s Association (HOA) Covenants Resolution 5368 adopts Model HOA Covenants as a City Commission priority for 2022-2023. Model HOA Covenants call for the establishment of model Homeowner’s Association Covenants that encourage water conservation, neighborhood and community connectivity, accessory dwelling units, childcare, drought tolerant landscaping, composting, local food, recycling, energy efficiency, and renewable energy. The Sustainability Advisory Board will provide input to staff on the potential barriers within existing HOA covenants, review draft model covenants, and make a recommendation to the City Commission (i.e., agenda action item). *Bozeman Climate Plan Reference: 1.B.1, 2.F.2 Work Plan Item 3: Gallatin Valley Sensitive Lands Protection Plan Resolution 5368 adopts the Gallatin Valley Sensitive Lands Protection Plan as a City Commission priority for 2022-2023. The Gallatin Valley Sensitive Lands Protection Plan will provide a comprehensive plan, including the development of spatial tools to share current data, and specific recommendations to build policy, programs, and partnerships resulting in the protection of sensitive lands. The Sustainability Advisory Board will review the draft plan, and make a recommendation to the City Commission (i.e., agenda action item). *Bozeman Climate Plan Reference: 6.P.1, 6.P.3 Work Plan Item 4: Community and Neighborhood Resilience Programming Action 3.H.3 of the 2020 Bozeman Climate Plan calls for a community and neighborhood preparedness outreach campaign focused on actionable steps community members can take to mitigate and adapt to potential hazards. The Sustainability Advisory Board will provide feedback to staff on the development of an outreach campaign and ways to reach vulnerable populations (i.e., agenda work session item). *Bozeman Climate Plan Reference: 3.I.1 91 Work Plan Item 5: Food System Stakeholder and Priority Mapping Solution N. of the 2020 Bozeman Climate Plan highlights the critical importance of a robust local food system to reduce emissions while supporting a more equitable and resilient community. Developing all facets of a local food system, including but not limited to food production, access, processing, distribution, sales, resiliency and security, waste, education, and natural resources requires further stakeholder mapping, partnership building, and priority mapping. The Sustainability Advisory Board will provide input to staff on food system stakeholders and recommendations moving forward (i.e., agenda work session item). *Bozeman Climate Plan Reference: 6.N Work Plan Item 6: Expand Composting Services and Collection Action 5.M.2 of the Bozeman Climate Plan calls for expanded composting services and collection. The Solid Waste Division is in the process of developing a pilot residential curbside food composting program. Marketing materials will be developed Q4 of 2022. Sustainability Advisory Board will provide input to staff on community education and outreach planning for the new residential composting pilot program (i.e., agenda work session item). *Bozeman Climate Plan Reference: 5.M.2 Work Plan Item 7: Energy Efficiency Financing & Investing with Commercial Property Assessed Capital Enhancements (C-PACE) Action 1.A.6 of the Bozeman Climate Plan calls for the creation of a Montana green bank and countywide low-interest loan program to spur public and private investment in energy efficiency and renewable energy. C-PACE financing is recognized as a tool that will further this action and was authorized in Montana (MCA 90-4-13) during the 2021 Legislative Session. The C-PACE statute enables cities and counties to impose a special charge on real property to secure loans made for energy efficiency, water conservation, and renewable energy improvements. Once the City of Bozeman or Gallatin County adopts the C-PACE resolution, the Sustainability Advisory Board will provide input to staff on identifying complementary tools, program messaging, and an outreach strategy to encourage participation (i.e., agenda work session item). *Bozeman Climate Plan Reference: 1.A.6 Work Plan Item 8: Building Electrification Campaign Action 1.A.3 of the Bozeman Climate Plan calls for energy efficiency information and resources for private party, Action 1.B.1 calls for high performance building resources and training for the development community, and Action 1.C.3 calls for outreach and incentives for high-efficiency electric appliances and equipment. These are priority actions that will be included in a comprehensive campaign to address energy efficiency of existing buildings (Solution A.), net zero energy new construction (Solution B.), and building electrification (Solution C). This is a high- priority campaign with national, state, and community partnerships in place to build an outreach and bulk purchasing campaign. The Sustainability Advisory Board will provide input to staff during campaign development, including strategies to address equity and housing affordability (i.e., agenda work session item). *Bozeman Climate Plan Reference: 1.A.3, 1.B.1, 1.C.3 92 Work Plan Item 9: 2021 IECC Building Code Update Action 1.B.2 of the Bozeman Climate Plan calls for adoption of a state-wide net zero energy code. The State of Montana is considering adoption of the 2021 International Energy Conservation Code (IECC) that would improve the overall energy efficiency of residential and commercial buildings. With this adoption of the 2021 IECC, the State of Montana’s draft rules suggest there may be an opportunity to consider local adoption of solar-ready design for commercial (Appendix CB) and residential buildings (Appendix RB), as well as potential for adopting net-zero energy for commercial buildings (Appendix CC). The Sustainability Advisory Board will provide input to staff, and make a recommendation to the City Commission (i.e., agenda action item). *Bozeman Climate Plan Reference: 1.B.2, 2.F.2 Work Plan Item 10: Electric Vehicle (EV) Infrastructure Planning and Installations The Bozeman Climate Plan calls for the development of an EV roadmap (4.K.1), collaboration to install publicly available EV infrastructure (4.K.2) and city fleet and transit EV investment (4.K.3). As the City plans new EV charging equipment for city facilities to serve the city fleet and the public, the Sustainability Advisory Board will provide input to staff on EV partnerships and policy planning. *Bozeman Climate Plan Reference: 4.K.1, 4.K.2, 4.K.3 Focus Area 3: Beautification Resolution 5327 establishes the Sustainability Board and assigns a focus area for beautification. The Sustainability Board will assist the City in implementing the City’s annual Cleanup Week. Work Plan Item 11: Cleanup Week The Sustainability Advisory Board will provide input to staff on outreach activities (i.e., agenda work session item). *Bozeman Climate Plan Reference: 5.M.1, 6.P.4 93 Work Plan Item Description: Strategic Priorities Connection: Board Time Commitment: Staff Time Commitment:Schedule: Budget Impact: 1. Unified Development Code (UDC) Overhaul City Commission Priorities for 2022 and 2023 (Resolution 5368) & Bozeman Climate Plan Action Items 1.B.1, 1.B.5, 3.G.2, 6.N.3 3‐5 Meetings High TBD $ 500,000 2. Model Homeowner's Association (HOA) Covenants City Commission Priorities for 2022 and 2023 (Resolution 5368) & Bozeman Climate Plan Action Items 1.B.1; 2.F.2 1‐2 Meetings Low TBD $ ‐ 3. Gallatin Valley Sensitive Lands Protection Plan City Commission Priorities for 2022 and 2023 (Resolution 5368) & Bozeman Climate Plan Action Items 6.P.1, 6.P.3 2‐3 Meetings Medium TBD $ 200,000 4. Community and Neighborhood Resilience Programming Bozeman Climate Plan Action Item 3.I.1 1‐2 Meetings Medium Q1‐Q3 2022 $ 2,000 5. Food System Stakeholder and Priority Mapping Bozeman Climate Plan Action Item 6.N 3‐4 Meetings Medium Q2‐Q4 2022 $ 15,000 6. Composting Services and Collection Bozeman Climate Plan Action Item 5.M.2 1 Meeting Low Q4 2022 $ ‐ 7. Energy Efficiency Financing & Investing ‐ Commercial Property Assessed Capital Enhancements Bozeman Climate Plan Action Item 1.A.6 2‐3 Meetings Medium 2023 $ ‐ 8. Building Electrification Campaign Bozeman Climate Plan Action Items 1.A.3, 1.B.1, 1.C.3 3‐4 Meetings High 2022‐2023 $ 25,000 9. 2021 IECC Building Code Update Bozeman Climate Plan Action Items 1.B.2, 2.F.2 1‐2 Meetings Medium 2022 $ 7,000 10. Electric Vehicle (EV) Infrastructure Planning and Installations Bozeman Climate Plan Action Item 4.K.1, 4.K.2, 4.K.3 2‐3 Meetings High 2022‐2023 $ 87,400 Work Plan Item Description: Strategic Priorities Connection: Board Time Commitment: Staff Time Commitment:Schedule: Budget Impact: 11. Cleanup Week Sustainability Board Focus Area 3 (Resoution 5327) & Bozeman Climate Plan Action Items 5.M.1, 6.P.4 1 Meeting (per year)Low April 22/23 $ 1,500 SUSTAINABILITY ADVISORY BOARD WORK PLAN 2022‐2023 Focus Area 1: Climate Planning Focus Area 2: Beautification 94 WP Item Description:Strategic Priorities Connection: Board Time Commitment: Staff Time Commitment:Schedule:Budget Impact: Review ZMA, Subdivisions, GPA - Ave. of 30 per year in 20 meetings 4.1, 4.2, 4.4 45 hours in 20 meeting plus 135 hours review time to prep 100 hours in meeting plus 50 hours prep /follow up On-going No separate funding requested WP Item Description:Strategic Priorities Connection: Board Time Commitment: Staff Time Commitment:Schedule:Budget Impact: Review text amendments re AH 4.1, 4.2, 4.5 8 hours in 3 hearings and 20 hours review time to prep 32 hours in 3 meetings and plus 25 hours prep /followup Spring-Fall No separate funding requested WP Item Description:Strategic Priorities Connection: Board Time Commitment: Staff Time Commitment:Schedule:Budget Impact: Review text amendments for UDO update 4.1, 4.2, 4.5, 6.3 10 hours in hearings and 60 hours review time to prep 30 hours in hearings and 120 hours prep /follow up Summer 2022- Fall 2023 No separate funding requested WP Item Description:Strategic Priorities Connection: Board Time Commitment: Staff Time Commitment:Schedule:Budget Impact: Knowledge Building 4.1 4 hours in meetings and 4 hours prep/ follow up 8 hours in meeting and 12 hours prep As available No separate funding requested WP Item Description:Strategic Priorities Connection: Board Time Commitment: Staff Time Commitment:Schedule:Budget Impact: Annual report on Goals and Objectives per BCP2020 p 62 4.1 1 hour in meetings and 2 hour prep 2 hours in meeting and 16 hours prep. Spring 2022 No separate funding requested COMMUNITY DEVELOPMENT BOARD WORK PLAN 2022 Focus Area 4: Training Focus Area 5: Annual Report Focus Area 1: Review of development applications as required in state law Focus Area 2: Affordable Housing Text Amendment Review Focus Area 3: Unified Development Code Update In addition to the matters specifically described in this Work Plan, the Board may, in consultation with the Department of Community Development, from time to time undertake to discuss and provide advice on any other matters directly relevant to the development of the community, consistent with the City’s adopted Strategic Plan. 95 Annual report on implementation metrics per BCP2020 p 63-64 4.1 2 hour in meetings and 2 hour prep 6 hours in meetings and 80 hours prep. This is a lot of GIS time As GIS staffing is available Funded for FY2022 WP Item Description:Strategic Priorities Connection: Board Time Commitment: Staff Time Commitment:Schedule:Budget Impact: Duties per 7-6-1604, MCA 4.1, 4.2, 4.3, 4.5, 6.1, 6.3, 7.5 10 hours in meetings and 30 hours prep 50 hours in meetings and 75 hours prep Fall 2022 $180,000 funded by IF admin funds Focus Area 6: Impact Fee Studies Update 96 Commission Memorandum REPORT TO: Economic Vitality Board FROM: Brit Fontenot, Economic Development Director Jesse DiTommaso, Economic Development Specialist SUBJECT: Economic Vitality Board 2022 - 2024 Workplan MEETING DATE: February 2, 2022 AGENDA ITEM TYPE: Action RECOMMENDATION: Adopt the Economic Vitality Board 2022 - 2024 Workplan BACKGROUND: In accordance with City Commission Resolution 5323, citizen advisory boards must produce and adopt a two-year work plan. The Citizen Advisory Board Onboarding Manual outlines the requirements, timeline, and format of the work plans. The Economic Vitality Board has four focus areas, Economic Development, Community Housing, Diversity, Equity and Inclusion and Public Art. At the January 5, 2022 meeting the Economic Vitality Board discussed the following as proposed work plan items in each focus area. Focus Area 1: Economic Development The Economic Vitality Board will advise the City Commission, and as requested by the City Manager, on policies related to economic development issues. Work Plan Item 1: Economic Development Strategy Update The City of Bozeman is currently updating the 2016 Economic Development Strategy. Since the 2016 plan was adopted, the region has experienced significant changes including impacts from the Great Recession, a global pandemic, the great resignation, a re-focus on sustainability and equity, expansion of sectors in the region and a massive shift in the available workforce to meet the demands of growing businesses. 97 The Economic Vitality Board will participate in the update process by selecting up to 3 members of the Economic Vitality Board to serve on the Regional Leadership Committee (RLC). At the January 5, 2022 meeting, the Board appointed John Carey and Joey Morrison to the Regional Leadership Committee (RLC) which will guide the update. The board will also review and recommend the final Economic Development Strategy Update to the Bozeman City Commission. Focus Area 2: Community Housing The Economic Vitality Board will provide advisory recommendations to the City Commission, and as requested by the City Manager to the City Manager on policies related to community housing needs per Resolution 5329. Work Plan Item 2: UDC Overhaul (Community Housing Related Sections Only) The Bozeman City Commission adopted priorities for 2022-2023 via Resolution 5368. It states the following: UDC Overhaul – Adopt changes to the Unified Development Code that facilitate increased housing density, housing affordability, climate action plan objectives, sustainable building practices, and a transparent, predictable and understandable development review process. The EV Board will provide feedback on the Community Housing sections of the UDC overhaul. The Economic Vitality Board will assist by reviewing and recommending the community housing aspects of the UDC Overhaul. Work Plan Item 3: Short Term Rental Restrictions Resolution 5368 states the following priority: Consider revising short term rental ordinance to create additional opportunities for long term rentals, including potential limitations to the licensing of new short term rental properties. The Economic Vitality Board will assist by reviewing and recommending changes to Ordinance 1974. Work Plan Item 4: Affordable Housing Ordinance A draft affordable housing ordinance will be presented to the Economic Vitality Board prior to drafting of a final ordinance for presentation to the City Commission. The ordinance uses incentives in the code, including building height, required parking and lot size to promote affordability. The Economic Vitality board will review the draft and make recommendations to the City Commission. Work Plan Item 5: Near-Term Code Changes (Community Housing Related Sections Only) 98 City staff will be working on smaller code changes that can be implemented in advance of the UDC Overhaul 2022 in an effort to create more opportunities for community housing. The Economic Vitality Board will review and make recommendations to the City Commission. The EV Board will provide feedback on the Community Housing sections of the near-term code changes and make recommendations to the City Commission. Work Plan Item 6: A Consolidated Plan According to the 2020 Census, Bozeman’s population has grown to over 50,000 residents giving it the metropolitan designation and making Bozeman eligible for funds directly from the Community Development Block Grant Program. The Economic Vitality Board will assist in creating a consolidated plan to make Bozeman eligible for U.S. Dept. of Housing & Urban Development Entitlement Grantee Qualification for Community Development Block Grant Program. Focus Area 3: Diversity, Equity and Inclusion (DEI) The Economic Vitality Board will advise the City Commission, and as requested by the City Manager to the City Manager, on policies related to diversity, equity, and inclusion. In doing so, the Board must be cognizant the City values and encourages the inclusion of diverse perspectives and experiences, and makes proactive efforts to ensure Bozeman is safe, welcoming, and inclusive per Resolution 5329. Work Plan Item 7: DEI Plan Recommendation Using the Inclusive City Report and Equity Indicators Report, City staff is currently working on a Diversity, Equity and Inclusion Action Plan to guide resource allocation to areas of need in the community. The Economic Vitality Board will review and provide feedback to staff throughout the creation process and assist in reviewing and recommending the DEI Action Plan to the City Commission. Work Plan Item 8: Cities for CEDAW The Bozeman City Commission identified becoming a City for CEDAW (Convention To Eliminate All Forms of Discrimination Against Women) as part of the City’s Inclusive City and Diversity Equity and Inclusion work as a priority for 2022 and 2023 per Resolution 5368. The Economic Vitality Board will help identify how CEDAW efforts can align with the City’s ongoing DEI efforts. 99 Focus Area 4: Public Art Program Work Plan Item 9: 1% for the Arts Program Resolution 5329 establishes that the Economic Vitality Board will advise the City Commission, and as requested by the City Manager to the City Manager, on policies related to the development and implementation of public art programs. In doing so, the Board must be cognizant the City recognizes public art is an indicator of Bozeman’s economic and community vitality, Ordinance 2056 established the Percent for the Arts Program which requires one percent of eligible construction costs of city capital improvement projects over $500,000 to construction or remodel any public facility or city building to be allocated for public art. The Economic Vitality Board will assist in creating a framework for this policy by establishing best practices for the program. FISCAL EFFECTS: Unknown at this time. ATTACHMENTS: 1) Completed Economic Vitality Board Workplan worksheet. 100 Commission Memorandum Report to: Historic Preservation Advisory Board From: Sarah Rosenberg, Associate Planner/Historic Preservation Officer Subject: Historic Preservation Advisory Board 2022-2024 Work Plan Meeting Date: March 16, 2022 Agenda Item Type: Action Recommendation: Adopt the Historic Preservation Advisory Board 2022-2024 work plan Background: By City Commission Resolution 5323, citizen advisory boards must produce and adopt a two-year work plan. The Citizen Advisory Board Onboarding Manual outlines the work plan’s requirements, timeline, and format. The Historic Preservation Advisory Board (HPAB) has three focus areas, Education and Outreach, Historic Resource and Inventory, and Preservation Program Development. At January 19, 2022, and February 16, 2022 meeting, HPAB discussed the following as proposed work plan items in each focus area. Focus Area 1: Education and Outreach Part of HPAB’s role is to promote public information, educational and interpretive programs about historic preservation. Work Plan Item 1: Preservation Month The month of May is considered National Preservation Month. In the past, HPAB would host a preservation month that would include events, tours, and awards. In recent years, HPAB would host preservation awards but due to COVID, there haven’t been any awards for two years. HPAB is hoping to revive the awards and other events during May on an annual basis. HPAB will work with staff to set up the events during the month and promote them. Events will include the preservation awards, tours, and guest lectures. Work Plan Item 2: Preservation and Social Inclusion HPAB seeks to recognize how preservation can tell the stories of underrepresented communities, document and protect vernacular architecture, preserve sites of the recent past, and focus on the 101 Page 2 of 3 people who live and continue to live in those places. Preservation is not just about buildings and structures but also intangible heritage. HPAB will work with city staff and stakeholders to identify these stories and promote them. Examples of how this can be done are through creating cultural or local districts, virtual storyboards, and documentation of oral histories. Focus Area 2: Historic Resource Survey & Inventory In the 2019 NCOD Policy Report, the City and HPAB placed a priority on updating the decades-old inventories as well as identifying and documenting additional properties. Work Plan Item 1: Identify most important historic resources HPAB wishes to celebrate the distinctive story of Bozeman by identifying the most important historic resources in the community. This could include a district, site, building, landscape, or archaeological site. HPAB will hold discussions during their meetings and ask for the community to participate and help identify these resources. Work Plan Item 2: Identify areas to survey and inventory As identified in the Bozeman Municipal Code, HPAB can advocate for maintaining and updating survey and inventory forms of historic and prehistoric properties. The City has dedicated funds annually to update the historic building inventory. HPAB will work with staff, stakeholders, and community members to identify areas that need to be inventoried. Work Plan Item 3: Fred Willson Multiple Property Submission The City of Bozeman Historic Preservation Officer (HPO) has applied for a grant with the Montana History Foundation for $10,000 for a city-wide survey and National Register of Historic Places Multiple Properties Submission (MPS) to document buildings designed by Fred Willson. Results of this grant are expected by mid-April. Beginning in spring 2022, the HPO and HPAB will complete inventory forms for Willson buildings throughout the city. If the grant funds are awarded, to complete and use the Montana History Foundation funds within the one-year window, the City will contract with Metcalf Archaeology to assist in the write-up of the forms. This is a multi-year effort to continue adding properties to it annually. Focus Area 3: Preservation Program Development The HPO and HPAB administer the local preservation programs to provide guidance, information, and technical assistance to its residents, visitors, property owners, and community partners. Although this program and the NCOD have been successful in many ways, it doesn’t support all of the goals and trends for Bozeman. The following work plans provide the tools and methods to better serve the community and achieve these goals. 102 Page 3 of 3 Work Plan Item 1: UDC Overhaul The City Commission adopted priorities for 2022-2023 via Resolution 5368 that includes an overhaul of the UDC. The overhaul will adopt changes to the UDC that facilitate increased housing density, housing affordability, climate action plan objectives, sustainable building practices, and a transparent, predictable, and understandable development review process. HPAB will provide input to staff on the Certificate of Appropriateness and Neighborhood Conservation Overlay District sections of the overhaul. HPAB will also research and provide suggestions for incentives and assistance to promote preservation efforts. Work Plan Item 2: Local Preservation Program The Community Development Department is requesting funds to create a local preservation program for FY2023. Altering the NCOD is recommended and supported by the 2019 NCOD Policy Report. Local preservation programs are more effective mechanisms that municipalities can use to tailor objectives and goals to the community. The City of Bozeman Community Development Department will work with a hired consultant and HPAB to create a local preservation program that could include:  Procedures and criteria for designating local historic resources  Standards for alternates to NCOD (i.e. smaller conservation overlay district, local historic district, national register district, preservation easements)  Incorporation of incentives and restoration assistance  Procedures for the certificate of appropriateness review  Update design guidelines  HPAB power and responsibilities (i.e. demolition review, enforcement) Work Plan Item 3: Cultural Landscape Program HPAB seeks to establish a Cultural Landscape Program where the community can acknowledge the importance of place beyond the structures of the built environment. This can include heritage trees, heritage trees, parks, open spaces, or gardens. The main point is that the significance of these places is based on their association with a historic event, activity, or person. This would be an ongoing effort in which HPAB would evaluate the nominations on an annual basis. The desire with this program is that it could be a collaborative effort with other advisory boards and stakeholders from the community (i.e. MSU). 103 WP Item Description:Strategic Priorities Connection: Board Time Commitment: Staff Time Commitment:Schedule:Budget Impact: Preservation Month (May)Engaged Community 4-5 months 4-5 months Underway,annual event $2,000 Preservation and Social Inclusion Safe, Welcoming Community 1 year 1 year TBD Unknown WP Item Description:Strategic Priorities Connection: Board Time Commitment: Staff Time Commitment:Schedule:Budget Impact: Identify most important historic resources Well Planned City 4-5 months 4-5 months Summer/Fall 2022 Unknown Identify areas to survey and inventory Well Planned City 1-2 years 1-2 years TBD $50,000 Fred Willson Multiple Property Submission Well Planned City 1 year 1 year Spring 2022 - Spring 2023 $20,000 (if grant is awarded) WP Item Description:Strategic Priorities Connection: Board Time Commitment: Staff Time Commitment:Schedule:Budget Impact: UDC Overhaul (NCOD/COA sections, demolition review, incentives, assistance, etc.) City Commission Priorities 2022 1 year 1 year TBD $500,000 Local Preservation Program Well Planned City 1-2 years 1-2 years TBD $75,000 HPAB ADVISORY BOARD WORK PLAN TEMPLATE Focus Area 1: Education and Outreach Focus Area 2: Historic Resource Survey & Inventory Focus Area 3: Preservation Program Development 104 Cultural Landscape Program Well Planned City 2-3 months 2-3 months Annually Unknown 105 WP Item Description:Strategic Priorities Connection: Board Time Commitment: Staff Time Commitment:Schedule:Budget Impact: Complete the Parking Benefit Zone Process Strategic Plan One Meeting Minimal-- Resolution drafted February/ March 2022 N/A Implement Work related to the Supply and Demand Work Session Strategic Plan, Climate Action Plan, Growth Plan 3-5 meetings, plus preparatory work Significant Through the end of 2022 If paid parking implemted, revenue could exceed $1 million. Upfront costs estimate at $500,000- $750,000 Routine Work of the Parking Commission-- Rate Setting, Appeal Reviews, etc. Strategic Plan 2-4 meetings per year Moderate Annually, May /June of each year Rate setting could affect income Emploiyee Permit Program Strategic Plan 1-2 meetings Moderate Through the end of 2022 Unknown at this time Update Strategic Parking Management Plan Strategic Plan 1-2 meetings Substantial 2023 Unknown at this time WP Item Description:Strategic Priorities Connection: Board Time Commitment: Staff Time Commitment:Schedule:Budget Impact: Criteria for the Prioritization of Capital Bike and Pedestrian Projects Strategic Plan 2 Meetings moderate Now to September 2022 N/A Transportation Demand Management Strategic Plan Strategic Plan, Growth Plan 2-3 meetings Substantial Through the end of 2022 N/a TRANSPORTATION ADVISORY BOARD WORK PLAN Focus Area 1: Parking Focus Area 2: Pedestrian, Bicycle, and Traffic Safety Focus Area 3: Multi Modal Transportation 106 WP Item Description:Strategic Priorities Connection: Board Time Commitment: Staff Time Commitment:Schedule:Budget Impact: Partner with Streamline to identify ways to support public transit Growth Plan Sporadic Moderate On-Going Unknown at this time Provide Input on Micromobility Policies Strategic Plan 1 meeting Moderate Feb-22 Unknown at this time Provide input on Capital Improvement Plan development Strategic Plan 2 meetings Substantial On-Going Unknown at this time Update the Transportation Master Plan Strategic Plan 2-3 Meetings Substantial 2023 Unknown at this time Active Transportation Plan Strategic Plan 1 meetings Substantial On-Going Unknown at this time Focus Area 3: Multi-Modal Transportation 107 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Lance Lehigh, Interim City Engineer SUBJECT:Authorize the City Manager to Sign a Notice of Award for the Story Mill Road: Bridger Drive to Griffin Drive Reconstruction, Stormwater & Intersection Improvements Project to CK May Excavating Inc. for Schedules I - III in the amount of $2,001,068.70, and Final Contract Documents Once Received MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Notice of Award for the Story Mill Road: Bridger Drive to Griffin Drive Reconstruction, Stormwater & Intersection Improvements project, to CK May Excavating Inc. for Schedules I - III in the amount of $2,001,068.70, and final contract documents once received. 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 Notice of Award for the above referenced project. The project consists of the construction of a new two-lane roadway on Story Mill Road from Bridger Drive to Griffin Drive with curb and gutter, separated multi-use pathways on the west side, sidewalk on the east side, a traffic signal at Bridger Drive, lighting, stormwater and utility improvements. The project also includes construction of approximately 225 feet of Hillside Lane from Story Mill Road to the connection with the existing roadway. Bids for the above-referenced project were opened on March 16, 2022 with 1 bid being received. The bid was submitted by CK May Excavating Inc. in the amount of $2,001,068.70. The engineers estimate was $1,700,102.75. Although slightly above the engineers estimate, we feel that it is a reasonable price and should be awarded. This is the first project bid this year which made it very difficult predict the affect the ongoing material delays and labor shortages would have on the price. Additionally, a significant amount of the recent increases in gas prices occurred after the project was put out to bid. We feel the engineers estimate was low rather than the bid being high. The Notice of Award, Bid Tabulation, and the Engineers award recommendation are attached. 108 UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:This project is currently funded at $2,000,000 - $1,450,000 from the Street Impact Fee Fund, and $550,000 from the Arterial and Collector District Fund. Although the bid is $1,068.70 above the budget amount, Finance staff stated that the funds can absorb this small amount if necessary and they would wait until the end of the project to determine if a budget amendment is needed. The bid amount contains $50,000 in contingency items that may or may not be completely used during the course of the project. Attachments: Story Mill Notice of Award, Bid Tab and Award Recommendation.pdf Report compiled on: March 22, 2022 109 110 111 112 113 114 Memorandum REPORT TO:City Commission FROM:Mikaela Shultz, Engineer I Lance Lehigh, Interim City Engineer SUBJECT:Authorize the City Manager to Sign a Storm Water and Access Easement Located in City of Bozeman Street – North of Nelson Meadows Subdivision with Stella Fria LLC for the Bronken Warehouse Project (21389) MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to Sign a Storm Water and Access Easement Located in City of Bozeman Street – North of Nelson Meadows Subdivision with Stella Fria LLC for the Bronken Warehouse Project (21389). 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: Stormwater and Access Easement Report compiled on: March 18, 2022 115 116 117 118 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer I Lance Lehigh, Interim City Engineer SUBJECT:Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement with 2times7 Condominium for the Swiss Plaza SP (20372) MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement with 2times7 Condominium for the Swiss Plaza SP (20372). 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: Sewer and Water Pipeline and Access Easement and Agreement Report compiled on: March 21, 2022 119 120 121 122 123 Memorandum REPORT TO:City Commission FROM:Alicia Paz-Solis, Engineer I Lance Lehigh, Interim City Engineer SUBJECT:Authorize the City Manager to Sign a Water Pipeline and Access Easement and Agreement with GKT Bozeman Gateway Phase 4, L.L.C. for the Bozeman Gateway PUD Phase 4 Apartments (22002) MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Water Pipeline and Access Easement and Agreement with GKT Bozeman Gateway Phase 4, L.L.C. for the Bozeman Gateway PUD Phase 4 Apartments (22002). 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: Water Pipeline and Access Easement and Agreement Report compiled on: March 23, 2022 124 125 126 127 128 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Lance Lehigh, Interim City Engineer SUBJECT:Authorize the City Manager to Sign Temporary Construction Permits and Right-of-way Documents with Northwestern Energy for the Griffin Drive and Manley Road Street and Stormwater Improvements Project MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with Northwestern Energy for the Griffin Drive and Manley Road Street and Stormwater Improvements Project STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The Griffin Drive and Manley Road Street and Stormwater Improvement project generally consists of construction of a new three-lane roadway on Griffin Drive from Maus Lane to Rouse Avenue with curb and gutter, separated multi-use pathways on both sides, a traffic signal at Manley Road, lighting and utility improvements. The project also includes construction of approximately 200 feet of Manley Road from Griffin Drive to the south end of the Manley Road reconstruction project, which was completed in 2020. In order to construct these improvements it is necessary to acquire the right of way described herein. The attached documents have been executed by the property owners, and are necessary for the completion of the project. The valuations used for these acquisitions were established through the work of Sanderson Stewart. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:There is no cost associated with these easements. These easements were a condition of approval for the Northwestern Energy Addition and Site Plan that was approved in 2018. Attachments: 129 20220405_NWE_ROW agreements for city signature.pdf Report compiled on: March 24, 2022 130 March 23, 2022 City of Bozeman c/o Taylor Lonsdale, PE 20 East Olive St. Bozeman, MT 59715 Reference: Griffin Drive-R/W Acquisition — Closing for Parcels 26 & 27 Dear Taylor: We’ve completed the agreement with the owners of Parcels 26 & 27 for the Griffin Drive Improvement project. To be able to execute the agreement and close on the acquisition, the City needs to sign the attached documents where indicated. The attached documents need to be signed (notarized as applicable) by the City and returned to Sanderson Stewart. The documents have been fully signed by the property owner where required. The City is required to sign the Right-of-Way of Agreement, two Public Use Easements (notarized), and two Temporary Construction Permits (notarized). Once the City completes the signing of the attached documents, I will proceed with closing out the agreements for these parcels. The easements and permits will be recorded (if required), a copy of the final documents will be delivered to the property owner, and the original documents will be returned to the City. At that point, the agreements will be fully executed. If you have any questions or would like to discuss these documents in more detail, please feel free to contact me via email (tgaddo@sandersonstewart.com) or phone 406|922-4304. Sincerely, Tony Gaddo, PE, REALTOR® Senior Engineer | REALOTR® TG Enc. 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Lance Lehigh, Interim City Engineer SUBJECT:Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with William D. Engbretson Revocable Family Trust for the Griffin Drive and Manley Road Street and Stormwater Improvements Project MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with William D. Engbretson Revocable Family Trust for the Griffin Drive and Manley Road Street and Stormwater Improvements Project. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The Griffin Drive and Manley Road Street and Stormwater Improvement project generally consists of construction of a new three-lane roadway on Griffin Drive from Maus Lane to Rouse Avenue with curb and gutter, separated multi-use pathways on both sides, a traffic signal at Manley Road, lighting and utility improvements. The project also includes construction of approximately 200 feet of Manley Road from Griffin Drive to the south end of the Manley Road reconstruction project, which was completed in 2020. In order to construct these improvements it is necessary to acquire the right of way described herein. The attached documents have been executed by the property owners, and are necessary for the completion of the project. The valuations used for these acquisitions were established through the work of Sanderson Stewart. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:The total cost is of these agreements is $5,922.50 with $468.00 for Compensation for the Public Use Easement, $500.00 for Temporary Construction Easements, and $3,882.00 for Costs to Cure, and $1,072.50 in 156 closing costs. The funds for this are part of SIF001 Right of Way Acquisition. Attachments: 20220405_Engbretson_ROW Agreements for City Signature.pdf Report compiled on: February 24, 2022 157 March 16, 2022 City of Bozeman c/o Taylor Lonsdale, PE 20 East Olive St. Bozeman, MT 59715 Reference: Griffin Drive-R/W Acquisition — Closing for Parcel 34 Dear Taylor: We’ve completed the agreement with the owners of Parcel 34 for the Griffin Drive project. To be able to execute the agreement and close on the acquisition, the City needs to sign the attached documents where indicated and prepare a wire transfer with the exact amount specified by the title company. The wire transfer should be sent to Montana Title and Escrow in the amount of $5,922.50. An itemized list of the final closing costs is included in the attached final closing statement. The attached documents need to be signed (notarized as applicable) by the City and returned to Sanderson Stewart. The documents have been fully signed by the property owners where required. The City is required to sign the Right-of-Way Agreement, Public Use Easement (notarized), Temporary Construction Permit (notarized), Waiver Valuation, Escrow Instructions, Buyer’s Instructions, and Closing Statements. Once the City completes the signing of the attached documents, I will proceed with closing out the agreement for this parcel. The easement and permit will be recorded, a check will be delivered to the property owners along with a copy of the final documents, and the original documents will be returned to the City. At that point, the agreement will be fully executed. If you have any questions or would like to discuss these documents in more detail, please feel free to contact me via email (tgaddo@sandersonstewart.com) or phone 406|922-4304. Sincerely, Tony Gaddo, PE, REALTOR® Senior Engineer | Right-of-Way Specialist TG Enc. Cc: Marcy Yeykal, City Public Works 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 Page 1 of 2 - 3/16/2022 MLHC Buyer’s Escrow Instructions Montana Title & Escrow, Inc.Date: March 16, 2022 1925 N. 22nd Avenue, Suite 102 Bozeman, MT 59718 Phone: (406) 587-7702 Fax: (406) 587-2891 Escrow No.: M-30816 Escrow Officer: Candace Elser Property Address: 323 East Griffin Drive, Bozeman, MT 59715 BUYER’S INSTRUCTIONS Montana Title & Escrow, Inc., a Montana Corporation, is licensed to perform escrow services by the State of Montana. It is understood, by the parties hereto, that when the term “Escrow Holder” is used throughout these instructions it is always referring to Montana Title & Escrow, Inc. unless specifically stated otherwise. I/We hand you herewith: Cashier's check or verifiable funds in the amount stated on the attached Estimated Settlement Statement. Read and Approved Copy of Title Commitment Federal FIRPTA Notice You are hereby authorized to deliver and/or record all said documents and disburse said funds, together with the proceeds of any deed of trust mentioned, on account for the purchase price of the real property described in your above numbered escrow and on account for the other costs, fees and adjustments in connection therewith, when you can issue your 2006 ALTA Standard Owners Policy of Title Insurance in the amount of $4,850.00. Title to be as vested in the name of: City of Bozeman, A Montana Municipal Corporation SUBJECT TO: 1. All printed exceptions and conditions in the policy. 2. All general and special taxes as shown in Item 6 below. 3. The lien of supplemental taxes which may be assessed as a result of revised assessed values. 4. Bond and/or Special Assessments not delinquent. 5. Covenants, Conditions, Restrictions, Easements, Reservations now of record 6. Exceptions Numbered: 1 -8 as shownhese instructions are effective until revoked by any of the 174 Page 2 of 2 - 3/16/2022 MLHC Buyer’s Escrow Instructions BUYER: CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATION By:_____________________________________________ Jeff Mihelich, City Manage By:_____________________________________________ Mike Maas, City Clerk Mailing Address: Phone:Email: Received by Montana Title & Escrow, Inc. By:____________________________________ Date:__________________ Time:___________ 175 BUYER(S) ESTIMATED CLOSING STATEMENT File Number: Property: Close Date: Buyer(s): Legal Desc: Montana Title & Escrow, Inc. Date Prepared: Lender: A PUBLIC USE EASEMENT LOCATED ON THE FOLLOWING DESCRIBED LAND: A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER (SW¼) OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 6 EAST,P.M.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 31 50 FEET WEST OF THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION A DISTANCE OF 94 FEET; THENCE NORTH 0°20' WEST A DISTANCE OF 124 FEET; THENCE NORTH 89°25' EAST 94 FEET; THENCE SOUTH 0°20' EAST A DISTANCE OF 124 FEET; TO THE POINT OF BEGINNING; SAID TRACT ALSO KNOWN AS TRACT 36 OF THE NORTHEAST ANNEXATION TO THE CITY OF BOZEMAN, ACCORDING TO THE OFFICER PLAT THEREOF ON FILE AND OR RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY, MONTANA. DEED REFERENCE: FILM 1 PAGE 1754. SAID PUBLIC USE EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the Southeast corner of Tract 36 and the easement herein described, being a point on the North right-of-way of West Griffin Drive, said point of beginning; Thence, from said point of beginning, N 89° 17' 10" W, 6.66 feet along the North right-of-way of West Griffin Drive; Thence, N 45° 42' 49" E, 9.32 feet to the East line of Tract 36; Thence, S 00° 04' 30" W, 6.59 feet along the East line of Tract 36 to the North right-of-way of West Griffin Drive and to the point of beginning, and containing 22 sq.ft., more or less. 323 EAST GRIFFIN DRIVE BOZEMAN, MT 59715 (GALLATIN) CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATION PO BOX 1230 121 N ROUSE Bozeman, MT 59771 WILLIAM D. ENGBRETSON TRUSTEE OF THE WILLIAM D. ENGBRETSON REVOCABLE FAMILY TRUST 323 East Griffin Drive Bozeman, MT 59715 1925 N. 22nd Avenue Suite 102 Bozeman, MT 59718 (406) 587-7702 Sales Price: Sale Seller(s): Type: M-30816 $4,850.00 4/15/2022 3/16/2022 2:41:07 PM Disbursement Date:4/15/2022 Description DebitP.O.C.Credit Deposits, Credits, Debits $4,850.00Sale Price of Property $285.00 from Sanderson Stewart Title Charges Title - Lender's coverage Premium $0.00 to Montana Title & Escrow, Inc. $200.00Title - Owner's Title Insurance $4,850.00 Premium $200.00 to Montana Title & Escrow, Inc. $1,000.00Title - Settlement or closing fee $1,000.00 to Montana Title & Escrow, Inc. $85.00Title - Additional Title Work Charges to Montana Title & Escrow, Inc. $8.50Title - E-Recording Service Fee to MLHC Recording Account Government Recording and Transfer Charges $32.00RECORDING TEMPORARY CONSTRUCTION PERMIT to MLHC Recording Account $32.00 $32.00RECORDING PUBLIC USE EASEMENT to MLHC Recording Account $32.00 Totals $6,207.50 $285.00 $5,922.50Balance Due FROM Buyer: Issued Date: March 16, 2022 Lender's Basic (non-discounted) Rate: I/We hereby agree to pay all my proper costs and fees, including any taxes, assessments and liens of public record, and any adjustments thereto, and authorize you to deduct same from funds due me and remit the balance to me at an address designated by the undersigned. 1 of 2File Number:M-30816 176 APPROVED AND ACCEPTED BUYER(S) CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATION By:_____________________________________________ Jeff Mihelich, City Manage By:_____________________________________________ Mike Maas, City Clerk SETTLEMENT COORDINATOR ________________________________________________________________Candace Elser 2 of 2File Number:M-30816 177 BUYER(S) FINAL CLOSING STATEMENT File Number: Property: Close Date: Buyer(s): Legal Desc: Montana Title & Escrow, Inc. Date Prepared: Lender: A PUBLIC USE EASEMENT LOCATED ON THE FOLLOWING DESCRIBED LAND: A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER (SW¼) OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 6 EAST,P.M.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 31 50 FEET WEST OF THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION A DISTANCE OF 94 FEET; THENCE NORTH 0°20' WEST A DISTANCE OF 124 FEET; THENCE NORTH 89°25' EAST 94 FEET; THENCE SOUTH 0°20' EAST A DISTANCE OF 124 FEET; TO THE POINT OF BEGINNING; SAID TRACT ALSO KNOWN AS TRACT 36 OF THE NORTHEAST ANNEXATION TO THE CITY OF BOZEMAN, ACCORDING TO THE OFFICER PLAT THEREOF ON FILE AND OR RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY, MONTANA. DEED REFERENCE: FILM 1 PAGE 1754. SAID PUBLIC USE EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the Southeast corner of Tract 36 and the easement herein described, being a point on the North right-of-way of West Griffin Drive, said point of beginning; Thence, from said point of beginning, N 89° 17' 10" W, 6.66 feet along the North right-of-way of West Griffin Drive; Thence, N 45° 42' 49" E, 9.32 feet to the East line of Tract 36; Thence, S 00° 04' 30" W, 6.59 feet along the East line of Tract 36 to the North right-of-way of West Griffin Drive and to the point of beginning, and containing 22 sq.ft., more or less. 323 EAST GRIFFIN DRIVE BOZEMAN, MT 59715 (GALLATIN) CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATION PO BOX 1230 121 N ROUSE Bozeman, MT 59771 WILLIAM D. ENGBRETSON TRUSTEE OF THE WILLIAM D. ENGBRETSON REVOCABLE FAMILY TRUST 323 East Griffin Drive Bozeman, MT 59715 1925 N. 22nd Avenue Suite 102 Bozeman, MT 59718 (406) 587-7702 Sales Price: Sale Seller(s): Type: M-30816 $4,850.00 4/15/2022 3/16/2022 2:41:30 PM Disbursement Date:4/15/2022 Description DebitP.O.C.Credit Deposits, Credits, Debits $4,850.00Sale Price of Property $285.00 from Sanderson Stewart Title Charges Title - Lender's coverage Premium $0.00 to Montana Title & Escrow, Inc. $200.00Title - Owner's Title Insurance $4,850.00 Premium $200.00 to Montana Title & Escrow, Inc. $1,000.00Title - Settlement or closing fee $1,000.00 to Montana Title & Escrow, Inc. $85.00Title - Additional Title Work Charges to Montana Title & Escrow, Inc. $8.50Title - E-Recording Service Fee to MLHC Recording Account Government Recording and Transfer Charges $32.00RECORDING TEMPORARY CONSTRUCTION PERMIT to MLHC Recording Account $32.00 $32.00RECORDING PUBLIC USE EASEMENT to MLHC Recording Account $32.00 Totals $6,207.50 $285.00 $5,922.50Balance Due FROM Buyer: APPROVED AND ACCEPTED BUYER(S) CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATION By:_____________________________________________ Jeff Mihelich, City Manage By:_____________________________________________ Mike Maas, City Clerk SETTLEMENT COORDINATOR ________________________________________________________________ Candace Elser 1 of 1File Number:M-30816 178 Memorandum REPORT TO:City Commission FROM:Cassandra Tozer, Human Resources Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement Between the City of Bozeman and CPS HR Consulting for the Recruitment of Finance Director and Community Development Director Positions MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement between the City of Bozeman and CPS HR Consulting for the recruitment of Finance Director and Community Development Director positions. STRATEGIC PLAN:7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained, qualified and motivated team capable of delivering superior performance. Be accountable and expect accountability from others. Make demonstrated use of good judgement a part of the evaluation process for promotions. BACKGROUND:The City requested proposals for the recruitment of two key executive-level positions, Finance Director and Community Development Director. Of the proposals submitted, CPS HR Consulting was selected. UNRESOLVED ISSUES:None. ALTERNATIVES:Not contract with a consultant and conduct the executive searches in-house, which is not recommended. FISCAL EFFECTS:$48,000 to be paid out of Finance and Community Development vacancy savings. Attachments: Professional Services Agreement - Finance Director & Community Development Director.docx.pdf Report compiled on: March 16, 2022 179 Professional Services Agreement for Executive Recruitments Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 16th day of March, 20222 (“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, CPS HR Consulting, 2450 Del Paso Road, Suite 220, Sacramento, CA 95834, 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. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, DocuSign Envelope ID: 3F8AD82E-178C-4B09-8CCD-3E3C34031FE1 180 Professional Services Agreement for Executive Recruitments Page 2 of 10 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. 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: 3F8AD82E-178C-4B09-8CCD-3E3C34031FE1 181 Professional Services Agreement for Executive Recruitments Page 3 of 10 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of 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. Contractor also waives any and all claims and recourse against the City, including the right of DocuSign Envelope ID: 3F8AD82E-178C-4B09-8CCD-3E3C34031FE1 182 Professional Services Agreement for Executive Recruitments Page 4 of 10 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. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. DocuSign Envelope ID: 3F8AD82E-178C-4B09-8CCD-3E3C34031FE1 183 Professional Services Agreement for Executive Recruitments Page 5 of 10 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately 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 DocuSign Envelope ID: 3F8AD82E-178C-4B09-8CCD-3E3C34031FE1 184 Professional Services Agreement for Executive Recruitments Page 6 of 10 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 Cassandra Tozer, Human Resources Director, 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 Melissa Asher, Senior Practice Leader, 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 DocuSign Envelope ID: 3F8AD82E-178C-4B09-8CCD-3E3C34031FE1 185 Professional Services Agreement for Executive Recruitments Page 7 of 10 directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position 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). DocuSign Envelope ID: 3F8AD82E-178C-4B09-8CCD-3E3C34031FE1 186 Professional Services Agreement for Executive Recruitments Page 8 of 10 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in 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 DocuSign Envelope ID: 3F8AD82E-178C-4B09-8CCD-3E3C34031FE1 187 Professional Services Agreement for Executive Recruitments Page 9 of 10 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the 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. DocuSign Envelope ID: 3F8AD82E-178C-4B09-8CCD-3E3C34031FE1 188 Professional Services Agreement for Executive Recruitments Page 10 of 10 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 **** 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: 3F8AD82E-178C-4B09-8CCD-3E3C34031FE1 CPS HR Consulting Melissa Asher Melissa Asher, Senior Leader 189 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Lance Lehigh, Interim City Engineer SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement for Construction Oversight and Project Management of the Yellowstone Fiber Project MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with Morrison-Maierle, Inc. to provide construction oversight and project management for the Yellowstone Fiber Project STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Yellowstone Fiber has received funding to construct a fiber optic network within the City of Bozeman to serve all residential, institutional and commercial properties. The majority of this work will require directional boring to install these lines underground. The City is not presently staffed sufficiently to oversee this work as it will require full time supervision from the permitting process through the construction and restoration phases. Therefore, a request for qualifications was advertised in the Bozeman Daily Chronicle. Proposals were received from four firms which were distributed to a selection committee of five city employees. Morrison-Maierle was chosen as the most qualified firm based on the written proposals. Attached is a copy of the professional services agreement, scope and fee with Morrison-Maierle, Inc. for in the City’s standard format. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the commission FISCAL EFFECTS:Financing for the proposed scope of work will be paid for by Yellowstone Fiber. Morrison-Maierle will invoice the City and the City will invoice Yellowstone Fiber and process the invoices. Attachments: PSA Engineering_Fiber Buildout March 11 2022 V2.pdf 190 Report compiled on: March 15, 2022 191 Professional Services Agreement for Fiber Buildout Engineering Services 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, Morrison-Maierle, Inc., PO Box 1113, Bozeman, MT 59718, 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. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, 192 Professional Services Agreement for Fiber Buildout Engineering Services Page 2 of 11 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. 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 193 Professional Services Agreement for Fiber Buildout Engineering Services Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under 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 194 Professional Services Agreement for Fiber Buildout Engineering Services Page 4 of 11 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. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 195 Professional Services Agreement for Fiber Buildout Engineering Services Page 5 of 11 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately 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 196 Professional Services Agreement for Fiber Buildout Engineering Services Page 6 of 11 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 Lance Lehigh, Interim City Engineer or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents 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 Kevin Jacobsen 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 197 Professional Services Agreement for Fiber Buildout Engineering Services Page 7 of 11 Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position 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). 198 Professional Services Agreement for Fiber Buildout Engineering Services Page 8 of 11 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in 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 199 Professional Services Agreement for Fiber Buildout Engineering Services Page 9 of 11 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the 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. 200 Professional Services Agreement for Fiber Buildout Engineering Services Page 10 of 11 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 **** 201 Professional Services Agreement for Fiber Buildout Engineering Services 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 Morrison-Maierle, Inc. _____________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: Travis Eickman Print Title: Bozeman Operations Manager APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 202 1 Exhibit A - Scope of Services for Fiber Buildout Engineering Services March 2022 This scope of services covers the following items, as noted below, for Engineering Services related to the buildout of fiber infrastructure within the City of Bozeman. Yellowstone Fiber will be completing the design and construction of the fiber network through contracts with subconsultants and several contractors. This scope of services will cover inspection/oversight of the installation as described below. Morrison-Maierle, Inc. will be completing inspection/oversight of the project occurring within City of Bozeman rights, on property owned by the City, and within utility easements where publicly owned water, sewer, and storm mains are being crossed/impacted. Impacts to City owned non-utility infrastructure will be monitored as well. This work will be on behalf of the City of Bozeman for the purpose of administration, permitting, construction oversight, traffic control review, and restoration compliance. Effort for these services is based on the hourly rate and expense schedule (Standard Billing Rate Schedule) attached to and made part of this Exhibit A. The various tasks and staff classifications assigned to the tasks are shown on Attachment A.1 attached to and made part of this Exhibit A. The work is to be completed on a time and material basis and the actual cost will be based on the project needs. The not to exceed cost for the 2022 calendar year is $875,000. The fee will be tracked on a monthly basis and if the required effort is appearing to exceed the estimated cost we will advise you as to the revised expected cost for the year. The Standard Billing Rate Schedules will be updated each calendar year to reflect billing rate and reimbursable expense changes due to market conditions. Amendments to the contact will be prepared and submitted to the City of Bozeman for review and acceptance to update the rate schedule and adjust the total fee. The estimated effort is based on information from Yellowstone Fiber on the size of the project (entire City), duration of the project (3-years), estimated number of boring crews (up to 14), number of contractors (2), anticipated permit application material, and our understanding of expectations of the City. Actual effort will be dictated based on the needs of the project as it progresses. Task 100. Administration Administration will include pre project meetings and coordination with the City of Bozeman and Yellowstone Fiber. We will make decisions on specific computer and data collection needs for the project. Software such as ArcGIS, Smartsheet, NoteVault, etc. will be used to process contractor permits, collect field data, monitor progress, and communicate information to stakeholders. Tablets will be utilized by field staff for this purpose. Project meetings are estimated to occur on a weekly basis throughout the project period. These meetings are used to maintain open and consistent lines of 203 2 communication between Yellowstone Fiber, the contractor, the City of Bozeman, and Morrison-Maierle. The frequency, duration, and required attendees will be modified throughout the project based on communication needs. Smartsheets, a web-based platform, is planned to provide a platform for project reporting. Permitting is anticipated to be reviewed and processed through Smartsheet, and will house a running database of permits for the entire project. The City will obtain Smartsheet licenses and provide 2 user licenses to Morrison- Maierle to utilize during the project. ArcGIS will be utilized in the field to collect live project data on all potholing activities and disturbed City of Bozeman infrastructure. Each City utility pothole and disturbed piece of City infrastructure will be mapped with attributes such as location, date, contractor, permit number, depth, material, restoration, address, weather, etc. Management of the project will occur daily throughout the project, including addressing the public’s requests for information. We have a dedicated staff with our local office that City staff can forward these requests to. Senior level staff will ensure that high quality work is provided throughout the project. 200. Permitting Review Task 200 covers the permitting of Yellowstone Fiber and their selected contractors for work occurring on the project on City owned property or easements contain City sewer, water, or storm mains. Due to the projects size and duration, we will prepare a “project-wide” occupancy permit application that covers the entire project on an annual basis. We will also prepare “work area” permits that contractors will submit throughout the project. These “work area” permits will be reviewed and processed and housed through Smartsheet. Each “work area” permit will include a traffic control plan that will be reviewed for compliance with MUTCD and City requirements. All permits will be based on current City permits, modified specifically for this project. An overall street cut permit, with a City approved fee structure and project specific bonding requirements, will also be prepared for each contractor. Each month we will prepare an accounting of all the street cuts/potholing that will submitted to the City for invoicing to each contractor. The overall street cut permits for each contractor will be revisited and updated each year to account for any necessary modifications. All permits will be based on current City permits, modified specifically for this project. 300. Construction Oversight, Traffic Control Supervision 204 3 This field task will provide oversight of the entire project over the estimated three-year duration. Active construction is anticipated to commence in early April of 2022 and be complete at the end of November 2024. As noted previously, work beyond calendar year 2022 will be identified in an amendment to this agreement. Based on this information we estimate that multiple full time resident project representatives (RPR’s) will be necessary to provide sufficient oversight of the contractors/sub-contractors working throughout the City. The number of staff assigned will be dependent on the activity of the various contractors and will vary over the course of the project. These individuals will monitor schedules of the crews, record project data, witness utility crossing clearances at potholes, record disturbed City infrastructure, ensure restoration compliance, and provide project updates/communications to contractors, project management, Yellowstone Fiber, City staff, and stakeholder In addition to the oversight on the fiber installation, the field staff will also be monitoring each contractor’s traffic control for compliance with the approved “work area” traffic control plan. Field staff will make suggestions on necessary modifications to the plan based on field conditions and/or input from City staff. Surveying services, for use when property or easement discrepancies exist, have been included in a limited capacity. Our licensed surveyor can research courthouse records and locate property boundaries as needed. A budget is provided for occasional compaction testing and concrete testing as the work progresses to confirm that city specifications are being met at the locations tested. The budgeted effort is not intended to check the overall project compliance with the specifications but only to occasionally spot check conditions. During field inspection, field staff will utilize tools to complete their work. These tools include vehicles, tablets, software, nuclear density meters, concrete testing equipment, and survey equipment, these will be billed per unit used on the project. 400. Warranty Restoration Compliance In 2024 it is anticipated that an amendment to the agreement will be entered into to ensure contractor compliance with city specifications for the 1-year warranty period following the completion of the 3rd year of work. We will coordinate a “walk-through” of the work completed during the 3rd year, create a punch list of required items to be addressed by the contractor, and coordinate the correction, removal, and/or replacement of defective work. The walk throughs and warranty work for the first two years will occur during the construction oversight task (#300 above). 205 Exhibit A.1 - Labor and Expense Schedule City of Bozeman, MT - Fiber Buildout Engineering Services Prepared For: Lance Lehigh, PE, CFM, City of Bozeman Interim City Engineer Staff Labor Task or Division Assigned Rate 100 - Administration Supervising Engineer $220.00 Project Manager $169.00 Construction Manager $132.00 Project Manager $169.00 Construction Manager $132.00 Project Manager $169.00 Construction Manager $132.00 104. Project Management Project Manager $169.00 105. Fielding Calls Administrative Coordinator $81.00 106. Quality Assurance/Quality Control Supervising Engineer $220.00 200 - Permitting Review Project Manager $169.00 Construction Manager $132.00 Project Manager $169.00 Senior Communications Designer $168.00 Construction Manager $132.00 Project Manager $169.00 Construction Manager $132.00 Project Engineer $169.00 Construction Manager $132.00 205. Quality Assurance/Quality Control Supervising Engineer $220.00300 - Construction Oversight, Traffic Control Supervision Construction Manager $132.00 Resident Project Representative (average rate)$120.00 Construction Manager $132.00 Resident Project Representative (average rate)$120.00 303. Land Surveyor Property Verifications / Couthouse Research Land Surveyor $142.00 400 - Warranty Restoration Compliance Project Manager $169.00 Construction Manager $132.00 Resident Project Representative (average rate)$120.00 Direct Expenses Charge Rate Vehicle (mi)$0.77 RPR Inspection Tablets, $50/month each $50.00 Nuclear Density Meter (day)$35.00Concrete Strength Testing 4" cylinders (test per set - Lab Only)$160.00 Survey Equipment (hour)$30.00 401. One year warranty walk-through (verify restoration from 3rd year of work) 302. Winter Project Oversight - Dec though Mar 101. Initial Project Setup Meetings/Coordination/Software/Permits 103. Project Reports - City Communication 201. Prepare/Update/Review Project Wide Street Cut Permit 102. Project Meetings 202. Review Work Area Occupancy Permits 203. Review Traffic Control Plans 204. Street Cut Inventory 301. Summer Project Oversight - Apr though Nov N:\0417\093 - Fiber Project\01 Project Management\Contract\Second Submittal\Attachment A1 - Eng Fee_Fiber Buildout 2022 V2 03 11 2022.xls 3/11/2022 206 Standard Billing Rate Schedule Effective ThruDecember 31, 2022 Standard Rate Overtime Rate Engineer Supervising Engineer V 245.00 245.00 Supervising Engineer IV 240.00 240.00Supervising Engineer III 220.00 220.00Supervising Engineer II 210.00 210.00Supervising Engineer I 200.00 200.00 Senior Engineer II 185.00 185.00 Senior Engineer I 169.00 169.00 Design Engineer II 159.00 159.00 Design Engineer I 147.00 147.00 Engineer Intern II 128.00 128.00 Engineer Intern I 112.00 112.00 Planner Supervising Senior Planner 202.00 202.00 Senior Planner 168.00 168.00 Planner III 136.00 136.00 Planner II 124.00 124.00 Planner I 108.00 108.00 Scientist Supervising Environmental Scientist 210.00 210.00 Environmental Scientist III 168.00 168.00 Environmental Scientist II 128.00 128.00Environmental Scientist I 108.00 108.00 Environmental Technician 95.00 95.00 Supervising Geologist 227.00 227.00 Senior Geologist 200.00 200.00 Geologist III 172.00 172.00 Geologist II 147.00 147.00 Geologist I 126.00 126.00 Designer and Technician Senior Communications Designer 168.00 168.00 Communications Designer 112.00 112.00 CAD Designer III 140.00 140.00 CAD Designer II 129.00 129.00 CAD Designer I 119.00 178.50 CAD Tech III 117.00 175.50 CAD Tech II 100.00 150.00 CAD Tech I 88.00 132.00 Senior Engineering Technician 165.00 165.00 Engineering Technician 112.00 112.00 Resident Project Representative Senior Resident Project Representative 157.00 157.00 Resident Project Representative III 149.00 149.00 Resident Project Representative II 132.00 132.00 Resident Project Representative I 113.00 169.50 Administrative Administrative Manager 113.00 113.00Administrative Coordinator III 105.00 105.00 Administrative Coordinator II 99.00 148.50 Administrative Coordinator I 81.00 121.50 Project Coordinator III 102.00 102.00 Project Coordinator II 92.00 138.00 Project Coordinator I 82.00 123.00 Technical Intern 77.00 115.50 Senior Communication Specialist 115.00 115.00Graphic Designer 95.00 95.00 Health & Safety Administrator 126.00 126.00 Survey Senior Survey Manager 203.00 203.00 Survey Manager 158.00 158.00 Land Surveyor IV 152.00 152.00 Land Surveyor III 142.00 142.00 Land Surveyor II 130.00 130.00 Land Surveyor I 120.00 120.00 Remote Sensing Specialist 125.00 187.50 Survey Technician IV 116.00 116.00 Survey Technician III 103.00 154.50 Survey Technician II 88.00 132.00Survey Technician I 72.00 108.00 Expert Witness Recommended rate for expert witness services (depositions and/or time in court) is charged at an hourly rate of 150-200% of the standard billing rate. 1/13/2022 207 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with MSI, LLC for Records Scanning and Destruction Project MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:I move to Authorize the City Manager to Sign a Professional Services Agreement with MSI Information Management Solutions for Records Scanning and Destruction Project STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:In the fall of 2021, City staff issued an RFP for Document Scanning and Destruction Services. After received seven responses, MSI Information Management Systems was selected as the preferred vendor. The work from this project will facilitate the space necessary to accomplish capital improvement project GF303 - City Hall Expansion Remodel of Storage Areas into Offices. All records will be processed in accordance with adopted records retention, statutory requirements, and the retained items will become available within the City's Laserfiche repository. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per Commission FISCAL EFFECTS:The $104,637.39 estimated costs are within appropriations approved through CARES Act funding and the FY22 adopted budget. Attachments: 22- PSA - MSI, LLC - Records Scanning and Destruction Services.docx Exhibit A - Scope of Work.pdf 208 Report compiled on: March 22, 2022 209 Professional Services Agreement for Document Scanning & Destruction Services Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 5th day of April, 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, MSI, LLC, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2.Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 30th day of June, 2023, unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: 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. 210 Professional Services Agreement for Document Scanning & Destruction Services Page 2 of 11 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. 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. 211 Professional Services Agreement for Document Scanning & Destruction Services 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 obligationsshall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent 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] 212 Professional Services Agreement for Document Scanning & Destruction Services Page 4 of 11 own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractorshall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements 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: 213 Professional Services Agreement for Document Scanning & Destruction Services Page 5 of 11 a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately 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. 214 Professional Services Agreement for Document Scanning & Destruction Services Page 6 of 11 d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Mike Maas, City Clerk 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 Dave Raeder, Vice President of Sales 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 215 Professional Services Agreement for Document Scanning & Destruction Services Page 7 of 11 communication to other designated Contractor personnel or agents. c.Notices:All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position 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 216 Professional Services Agreement for Document Scanning & Destruction Services Page 8 of 11 been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in 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. 217 Professional Services Agreement for Document Scanning & Destruction Services Page 9 of 11 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the 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 218 Professional Services Agreement for Document Scanning & Destruction Services Page 10 of 11 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 June 30, 2025. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 219 Professional Services Agreement for Document Scanning & Destruction Services 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 220 Conversion Proposal Page 1 of 8 MSI |Business Confidential 1 EXHIBIT A MSI has completed thousands of conversion projects, ranging from a few boxes to millions of images. With nearly 37 years in business, and collectively 100’s of years of combined experience throughout personnel, MSI has one of the most efficient, time-friendly, and high-quality workflows in the industry. Not only can MSI meet the requests of the City of Bozeman, MSI plans to exceed them. MSI will implement a 6-phase process to convert the City of Bozeman’s documents. Each phase will be assigned to highly trained professionals who perform these tasks daily. Phase 1: Secure Pickup + Transportation MSI will provide secure, approved transportation of all documents between the City of Bozeman offices and our facilities and will likewise return the documents (where required) to the same using secure, approved transportation. Secure transportation will include necessary and prudent measures as identified by MSI to protect the documents from unauthorized disclosure. 221 Conversion Proposal Page 2 of 8 MSI |Business Confidential 2 Phase 2: Inventory and Tracking Upon arrival of all records, MSI will log each box into a custom-developed tracking system utilized throughout the course of the conversion project. Each box will receive a unique identification number, corresponding to all the files included within. At any moment, MSI can quickly identify where each box is located with the facility, in case of the need for a rush pull, or to track the conversion progress. Phase 3: Scan + Conversion MSI currently houses one of the largest, and most efficient scanning divisions in the United States. With state-of-the-art technology, As with every process throughout the conversion, MSI will design and document the entire scanning process and procedure. Once the custom procedure is created, the document scanning technicians will be trained on the process and protocols to be followed specifically for the City. The scanning process will be completed using only Kodak scanners to ensure there is no damage to the documents. MSI will utilize multiple Kodak scanners dedicated to this project plus a custom capture and processing network and software solution. MSI will create a custom procedure and a custom configuration to ensure that the highest degree of quality and document integrity will be maintained. Each scanner is configured per the specifications to control image reduction, size, aspect ratio, batching options, auto exposure, thresholding, and file naming conventions, just to name a few. • All documents will be scanned at 300dpi. • All documents will be audited and enhanced, using technology such as de-skew, de-speckle, image brightness change, etc. • If necessary, MSI will utilize Mylar protection sleeves to scan the large format documents. • Bound records will be scanned using overhead camera systems unless bindings can be disassembled, at which point the documents will be machine scanned. Document Condition – 1. The general condition of your documents to be imaged is defined as follows: 2. Combination of level 1-2 as defined below 3. Documents will be within files or file folders, some loose papers 4. Any spiral or fixed binding will be removed during prep 5. Bands, staples, paper clips and binder clips may be present 6. All folders/documents will be in standard 1.2cf 15” document storage boxes Level 1 Document Condition -- Documents in groups of at least 30 consecutive pages or the same size paper and can be automatically fed. Each group may be separated by a single band, staple, clip, index tab, post-it, and slip sheet or placed in a file folder or red well. Level 2 Document Condition -- Documents in groups of 1-30 consecutive pages, which can be automatically fed. Each group may be separated by a single band, staple, clip, index tab, post-it, and slip 222 Conversion Proposal Page 3 of 8 MSI |Business Confidential 3 sheet or placed in a file folder or red well. Computer forms in good condition. Removal from ACCO fasteners needed, minimal taping, different sized documents. Level 3 Document Condition – Though unlikely, some documents may require additional attention due to damage, ultra-light/dark information, or odd sizes. These documents will be treated with extra care at an hourly rate. All level 3 document work will require pre-approval from City of Bozeman prior to start of imaging. Phase 4: Document Breaking & Indexing MSI has identified in the RFQ that the City of Bozeman is requesting documents to be separated by document. MSI will work with the City to determine each collections/record set’s definition of “document” prior to time of scan. MSI employs a multitude of document indexing personnel, very skilled at data entry. These personnel will be assigned to performing the data entry on each project. It is understood that each department may require a different set of indexing fields. MSI acknowledges that it is estimated that each set will have roughly 3 index fields per document. Here are our assumptions: • 3 Index Fields Per Document • Each index field is 10 or less characters • Documents consist of ~20 pages per document on average • Indices will be easily found on the front page of each document, no reading or searching for data within the document will be required Phase 5: Final Export + QC MSI has the capability to export scanned images to virtually any format, most commonly, Tiff or PDF. Additionally, MSI has worked with thousands of custom exports to ensure proper integration into any imaging system, such as OpenText, PaperVision®, and ImageSilo®, to name a few. The export process also includes the final step of Optical Character Recognition (OCR), which can also be ran on documents to create text-searchable PDF/A documents. Per the request, MSI will produce: • 300 dpi PDF Format Images • Optical Character Recognition (OCR) • Output into LaserFiche format with supporting XML load file • MSI will perform a consistency check on 20% of the images, including clarity, orientation, and accuracy • Documents will be auto rotated to provide maximum readability (legible orientation). Automatic rotation has a 95% accuracy (or better). The second half of Phase 6 is Quality Control. MSI believes heavily in complying with International Organization for Standardization ("ISO") standards for image scanning, storage and retrieval as specified in ISO 32000-1:2008 and ISO 9660:1999. In addition, MSI follows all generally accepted standards for quality control in this industry and will adhere to the specifications set forth in City of Bozeman’s RFP. 223 Conversion Proposal Page 4 of 8 MSI |Business Confidential 4 Any images that do not meet our strict quality standards will be rescanned or reprocessed. MSI will make a good faith effort to obtain the best quality image. If MSI discovers poor digital images or inadequate indexing, MSI will take steps to correct the quality of the images or indexing prior to contacting City of Bozeman’s project manager. If, after such efforts, the scanned image or indexing remains below MSI's stringent standards, MSI will report the problem to City of Bozeman’s project manager following agreed upon reporting procedures and intervals. Any scanning that does not meet the quality requirements of this Proposal will be rescanned or reconverted at no cost to City of Bozeman. MSI is only responsible for rescanning defective images and any rescanned files will be provided to City of Bozeman by FTP, OneDrive, or other method as determined acceptable by City of Bozeman’s project manager. Phase 6: Delivery MSI will deliver the digital media via Secure FTP, Encrypted HDD, or any method preferred by the Project Manager at the City of Bozeman. MSI will produce a LaserFiche load file as an XML along with the images for import into LaserFiche. If desired, MSI will maintain the records at MSI’s ultra-secure, Centennial, CO facility for a period of up to 90-days, complimentary, during which time the City of Bozeman may perform further Quality Control prior to returning and/or destroying the documents. It is the responsibility of the City to notify MSI which documents are to be returned at the City’s cost and which documents are to be destroyed prior to pick up. Scope of Services – Summary Outline MSI has thoroughly reviewed City of Bozeman’s request for quote for Request for Proposal, Paper Digitization Services, along with any/all addendums released, and has summarized the overall scope of services requested by The City of Bozeman. MSI will meet all the expectations contained herein: 1. MSI is no-bidding the on-site scanning as an option and is only bidding on scanning at MSI’s ultra-secure facility in Denver, CO. 2. MSI (MSI) will securely transport City of Bozeman’s records from their headquarters located in Bozeman, MT to MSI’s ultra-secure, state-of-the-art conversion facility located at 7050 S Yosemite St, Centennial, CO 80112 and/or 1550 Valley Vista Dr., Diamond Bar, CA 91765. 3. MSI will log and track all materials while in custody of them utilizing MSI’s self-developed tracking system. 4. MSI will prepare (if necessary) any documents to ensure safety to the original record during the conversion process. This includes removal of staples, clips, and bindings, sticky notes, unrolling and unfolding of plan sets, taping tears, etc. As part of this preparation, MSI will also identify documents that are unable to be scanned. 5. MSI will convert (scan) all images using 300dpi, Black & White. 6. MSI will work with the City to determine indexing for each specific record type and schedule. 7. MSI will export images into PDF format, drawings will be exported as both PDF and TIF. 8. MSI will include Optical Character Recognition (OCR) on the PDF’s 224 Conversion Proposal Page 5 of 8 MSI |Business Confidential 5 9. MSI will perform a quality check of all images as they are captured digitally, including manipulations of density, brightness, skewing, and other forms of imaging enhancements. 10. MSI will work with the City of Bozeman to create a schedule and timeline of completion, including an ongoing digital delivery schedule using Secure FTP. 11. Digital deliveries will include XML files to be used to load files into LaserFiche. 12. MSI will not outsource ANY of this conversion or steps of the workflow. All work will remain in the sole custody of MSI. 13. MSI will adhere to the American National Standards Institute (ANSI) and American Society of Quality Control (ASQC) standards for quality control of all images scanned. 14. MSI will backup, maintain, and retain all converted images until the project is complete or, if applicable, notified for destruction by the City of Bozeman. 15. MSI will supply all hardware and software used in the conversion process. 16. MSI will provide monthly invoicing. 17. MSI will provide a Project Manager who will work closely with City of Bozeman’s Records Administrator to ensure all Project deliverables and objectives are met. 18. MSI will, with the authorization of City of Bozeman, destroy originals after the conversion has been completed using NAID-Certified destruction & sanitation methods. Estimated Volume: General and Technical Requirements 1. If your company cannot do work onsite or the City decides to allow work offsite, describe the security protocols your company follow to safeguard City documents and the information contained within. Please refer to pages 18-12 of this proposal, Security, Compliance, etc. Fire Department City Hall Engineering 90 Boxes 125 Boxes 22 Shelves (60 Boxes) 15 Inches 15 Inches 36 Inches 15 Per Inch Large Format 5 Per Inch Large Format 25 Per Inch Large Format 175 Per Inch Regular Format 175 Per Inch Regular Format 200 Per Inch Regular Format 1,350 Total Inches 1,875 Total Inches 792 Total Inches 20,250 Total Large Format 9,375 Total Large Format 22,464 Total Large Format 236,250 Total Regular Format 328,125 Total Regular Format 158,400 Total Regular Format $15,390.00 Large Format $7,125.00 Large Format $17,072.64 Large Format $21,262.50 Regular Format $29,531.25 Regular Format $14,256.00 Regular Format $36,652.50 Estimated Total $36,656.25 Estimated Total $31,328.64 Estimated Total 275 Estimated Boxes $104,637.39 Estimated Total 225 Conversion Proposal Page 6 of 8 MSI |Business Confidential 6 2. Please provide details on your company’ s procedures for tracking inventory (your customers documents) once they are picked up. Please refer to pages 7-8 of this proposal, Phase 2: MSI’s Custom Tracking Software. 3. Does your company use its own vehicles to transport documents if work is done offsite? Are your vehicles enclosed? Yes, vehicles are enclosed. Please refer to page 7 of this proposal for complete details. 4. If the answer to question #3 is no, what carriers would you use to have our documents shipped to your operation for processing and what services would you use to best ensure safe delivery and return? MSI does not utilize third-party carriers. 5. Please answer yes or no to the following requirements about the facility where the documents will be stored and scanning services performed: a. Air-conditioned X Yes ____ No b. Security Alarm system X Yes ____ No c. Fire sprinkler system ____ Yes X No d. Is your fire sprinkler system a wet or dry system ____ Wet ____ Dry B N/A e. Will all City records be kept two feet above the floor while in your facility? X Yes__ No 6. Explain your process for creating TIFF or PDF files and file indexing. Yes. Please refer to pages 9-10 of this proposal for complete details. 7. Has your company ever scanned documents and delivered them to a client using Laserfiche? If so, how did you go about getting the documents into the Laserfiche Archive? Yes. MSI delivers images along with an XML file containing metadata. This information can be loaded into LaserFiche directly. Additionally, MSI can work with our LaserFiche partner, MCCi, to provide alternative load files or direct load situations. 8. Where are your offices located? MSI is located at 7050 South Yosemite Street, Centennial, CO 80112 9. How is customer support handled in your organization? For most inquiries, MSI’s main point of contacts, Ryan Candela or John Garst will be readily available. For emergencies or for additional support, the City may utilize MSI’s help desk system – full details found on page 21 of this proposal. 10. What is the name of your imaging/ scanning product if you don’t scan directly into Laserfiche? MSI utilizes Psi: Capture. 11. What types of images are supported by your system? Examples, TIFF, PDF etc. We can support many file types – but primarily TIFF, PDF, & JPEG are used in the Records Management industry, of which, we support all three. 226 Conversion Proposal Page 7 of 8 MSI |Business Confidential 7 12. What compression techniques are supported? MSI highly recommends JPEG Compression or Group IV. 13. What size documents can your system handle? MSI can scan up to 44 Inches by Infinity. The only limitation is that of the Adobe PDF or TIFF and their limitations in file size and/or resolution. 14. What kind of imaging processing is scanner system capable of? a. Can it perform thresholding, de-skewing, OCR, dynamic image enhancement and edge enhancement? Yes – our system offers enhancements such as Advanced Border Removal, Auto Orient, Binarize, Border Removal, Brightness, Color Dropout, Contrast, Crop, Deshade, Deskew, Despeckle, Flip, Hole Punch Removal, Line Removal, Reconstruct Lines, Reconstruct Forms, Morphological Filters (Dilation, Erosion, Open, Close), Resize, Rotate, & Smoothing. MSI currently houses a multitude of OCR servers offering ABBYY, Tesseract, OpenText, or Adobe OCR. 15. Is there an additional charge to reassemble in the same order and return to the City, their documents/ plans after scanning is complete? Yes. Re-assembly charges will apply depending on the level of re-assembly. Level 1 being just a quick return to the fasteners, level 2 being a full re-assembly including replacing removed staples. See pricing for additional fees. 16. After the City has received the scanned files and confirms that everything looks good, what is the max time selected vendor will keep a copy of the City’s scanned files on your system? MSI will keep digital media up to 90-days free of charge. Long-term options are available. 17. After the City has received the scanned files and confirms that everything meets the required standards, what is the max time selected vendor will store hard copies of the City’ s documents while awaiting approval for destruction? MSI will keep hard copy files up to 90-days free of charge. Long-term options are available. 227 Conversion Proposal Page 8 of 8 MSI |Business Confidential 8 Price Proposal for Services All levels of document conversion pricing will include capture of documents, image enhancement, de-skew, de-speckle, border removal, image quality control, any necessary re-scans, as well as formatting for City of Bozeman’s internal required format. All pricing is effective for 30 days. The quoted total image count reflects an estimation of the total project size. City of Bozeman will only be billed on actual image count statistics post-imaging. Pricing is based on certain assumptions derived from information and volume estimates received from client. If MSI was unable to perform a sample test, prices are subject to change prior to start of job and after customer consent. Required Pricing Unit Unit Price Project Management Per Project Included Document Preparation Per Hour Included Document Scanning (Up to 8.5” x 14”) Per Image $0.09 Large Format Scanning (Over 11” x 17”) Per Image $0.76 Bound Book Scanning (Overhead Camera) * Per Image/Side $0.75 OCR (Optical Character Recognition) for Full-Text Searchable PDF’s Per Image Included Document Indexing / Data Entry* Per Hour Included Quality Control – MSI Enhanced Standards Per Hour Included Secure NAID-Certified Document Destruction (Shred) Per lb. Included Secure Transportation of Records by MSI Personnel Per Trip Included Secure FTP (File Transfer Protocol) or Secure Dropbox.com Delivery Per Account Included Optional Services Unit Unit Price Image by Image QC (Single Image Contrast, Brightness, Rotation, Density, etc.) Per Hour $65.00 Administrative Services (Such as technical analysis, research, additional rush pulls, etc.) Per Hour $55.00 Level 1 Re-Assembly – Mild Re-Prep, back on fasteners Per Image +$0.03 Level 2 Re-Assembly – Full Re-Prep including staples Per Image +$0.06 Boxing Service by MSI Personnel (Includes Box, Packing, & Brief Inventory) Per Box $8.00 Extended Document Storage (After 90 Days Free File Storage) Per Month Per C.F. $1.24 *Indexing Includes Up to 3 Fields (10 Characters Each) for documents having 20 pages per document or more. Data entry services that fall outside of these assumptions will be charges $9/1,000 Keystrokes. *Overhead camera scans 2 images per spread. If a book is oversized and requires a full scan for one image, that will count as 2 images, or $1.50. One pickup in Bozeman, T is included in pricing. Any additional trips will incur a fee, which will be quoted at the time of pickup request. MSI will only bill for the actual number of images that run through our process, so if some of those boxes end up being half-full, your total would adjust accordingly. City of Bozeman acknowledges that the pricing contained in this Scope of Services is specific to those services and estimates identified herein. City of Bozeman further acknowledges that prices and the description of services may change in subsequent engagements as described in future Scope of Services. 228 Memorandum REPORT TO:City Commission FROM:Max Ziegler, Facilities Project Coordinator Mike Gray, Facilities Superintendent Jon Henderson, Strategic Services Director SUBJECT:Authorize City Manager to Sign First Amendment to Professional Service Agreement with Morrison Maierle for Structural Assessments at the Swim Center MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Sign First Amendment to Professional Service Agreement with Morrison Maierle for Structural Assessments at the Swim Center. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:On November 2, 2021, the citizens of Bozeman approved a bond for the renovation of three recreation facilities, including the Bozeman Swim Center. To inform project planning and prioritization for renovation work which will include repairs and replacements of structural and mechanical systems, Morrison Maierle was contracted to perform a structural assessment on the Swim Center through a Professional Services Agreement approved on February 8, 2021. Based on the observations made during the structural assessment, Morrison Maierle recommended that the City additionally conduct a Tier 1 Seismic Assessment as well as a more thorough inspection of the truss systems over the natatorium. This proposed amendment to the original structural assessment contract is to expand the scope, fee and contract duration for engineering services to include the additional Tier 1 Seismic Assessment and analysis of the truss systems. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:Expenses related to the additional structural assessment are not to exceed the amount of $18,500.00. This assessment does not include scope / fee for providing specific options and recommendations to update the system if required, preparing a cost estimate, nor brining a specialist to provide a more specialized investigation of the wood truss chords. These services may 229 be deemed necessary pending the findings of the assessment. Should these services be deemed necessary, a future amendment will be proposed. Funds to support this work will come from a combination of contingency funds within the Parks Department and the Strategic Services Department, in addition to exploring possible reimbursement following bond issuance. Attachments: Professional Services Agreement First Amendment - Morrison Mairle - Swim Center Structural Assessments.pdf Report compiled on: March 23, 2022 230 1ST Amendment to Professional Services Agreement for Structural Assessments FY 2022 – FY 2023 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Structural Assessments dated ______________ (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 Morrison Maierle, 2880 Technology Blvd. W., Drive, Bozeman, MT 59771, 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 2 of the Agreement is extended for an additional six (6) month period. The Agreement shall terminate on the 30th day of December, 2022. 2. Addition to Scope of Work. Tier 1 seismic assessment and expanded analysis of roof trusses as described in Exhibit A. 3. Addition to Payment. See Exhibit A for not to exceed fee estimates for services provided. 4. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 231 1ST Amendment to Professional Services Agreement for Structural Assessments FY 2022 – FY 2023 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 MORRISON MAIERLE By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Jay Fisher Title: Project Manager APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 232 EXHIBIT A 233 March 17, 2022 City of Bozeman Attn.: Mike Gray and Max Ziegler Facilities Superintendent and Facilities Project Coordinator 20 E Olive Street Bozeman, MT 59715 Re: Swim Center Tier 1 Seismic Evaluation and Initial Roof Truss Assessment and Analysis Dear Mike and Max: Thank you for this opportunity to continue assisting the City with the assessment of and long-term planning for the Swim Center. As requested, the following is our understanding of the scope of services, fee, assumptions, and limitations associated with performing a Tier 1 Seismic Evaluation for the building and completing an initial visual structural assessment of the long-span wooden roof trusses over the natatorium. Assumptions/Limitations Our structural engineering fees were based on the following assumptions and limitations: • Existing drawings and previous condition reports have been provided to MMI. • MMI will perform a Tier 1 Seismic Evaluation of the Swim Center and prepare a statement to supplement the evaluation checklist if necessary. We understand ladders or other means of access necessary to perform the Tier 1 Seismic Evaluation will be provided by others on site. • MMI will perform a preliminary structural analysis of the wooden roof trusses spanning the natatorium using the information currently available to our team. Please note that this analysis will assume that all members are structurally sound with no failures and will not take into consideration the current condition of the members. The purpose of this analysis is to better understand the system behavior and end reactions as well as failure modes with which the system may be predisposed. • MMI will perform a non-destructive, limited visual assessment of the long-span wooden roof trusses over the natatorium. We understand that access will be limited, and, due to the safety of our personnel as well as access constraints, a thorough, unobstructed assessment of the full length of the trusses is not possible at this time. Our visual assessment will be limited to those items which can be observed from the scaffolding on the pool deck. • We understand that scaffolding will be provided by others for our use during the assessment. We understand the ceiling tiles will not be removed prior to our assessment and that MMI will be responsible for removing ceiling tiles as required to access the trusses and for re-positioning them following the assessment. MMI will not be responsible for replacing ceiling tiles that break or are damaged during the process of removing and repositioning the tiles. The fee below includes budget for these services. • The truss assessment does not include scope / fee for providing specific options and recommendations to update the system if required, preparing a cost estimate, nor 234 bringing a specialist (i.e., wood scientist or other) to provide a more specialized investigation of the wood truss chords. These services may be deemed necessary pending the findings of the assessment. Should these services be deemed necessary we can amend our scope and fee at that time. • MMI will develop a report for the City documenting the findings of the Tier 1 Seismic Evaluation and truss assessment and will provide recommendations for moving forward. Please note that this initial visual assessment of the roof trusses is intended to serve as a follow-up to our initial conditional assessment, and that the comprehensiveness of this visual assessment will be limited by the limited ceiling and scaffold access which is being provided. Only those portions of the existing framing which are accessible and viewable will be evaluated for potential damage and deterioration. As a result, we will be unable to determine with a high level of certainty the overall integrity of the structural roof system and our conclusions regarding the overall structural adequacy of the roof framing system and condition of its members will be correspondingly limited. Only after each roof truss is fully exposed and visually evaluated will we be able to provide a comprehensive assessment of the structural adequacy of the roof system. • The anticipated project schedule is as follows: o Assessments will be completed by mid-April of 2022. o A draft of the reports documenting our findings will be delivered to the City by end of April 2022. Scope of Services and Fee The following is our understanding of the scope of services: • Draft and submit the City’s Standard Agreement for approval. • Tier 1 Seismic Evaluation o Travel to the Swim Center and perform a Tier 1 Seismic Evaluation of the building o Take photographs to document the existing conditions. o Take relevant measurements of existing members to determine the extent of their damage / deterioration. o Take measurements to determine the vertical alignment of walls using a level, plumb bob, or similar device. o Complete the Tier 1 Seismic Evaluation checklist and prepare a statement to supplement the checklist if necessary. • Analysis and Initial Visual Assessment of Wood Roof Trusses o Perform analysis and calculations using current building code gravity and lateral loads to verify the structural stability and strength of the trusses spanning the natatorium to better understand their behavior and reactions, as well as the failure modes with which the system may be predisposed. o Travel to the Swim Center and perform a visual assessment of the roof trusses from scaffolding supported by the pool deck. o Take photographs to document the existing conditions. o Based on the results from the above tasks, prepare a report documenting the findings of the assessment and provide general recommendations for possible options for repair (if necessary / possible) and for the next steps moving forward. 235 Please note that the scope of services does not include providing specific options and recommendations to update the system if required. • Present the Tier 1 Seismic Evaluation and assessment report to City representatives. For the scope of services outlined above, we have estimated a lump-sum fee of $18,500. We are agreeable to negotiate additional services if additional scope items are added or found to be necessary. Once we receive your approval of this proposal, we will proceed with beginning our work on this project. Sincerely, Jay Fischer, PE Structural Engineer / Project Manager Rebecca Scheetz, PE Structural Engineer / Project Engineer TASK COST Tier 1 Seismic Evaluation and Reporting $2,750 Analysis of Existing Conditions $2,200 Site Visits for Truss Inspection $4,400 Assessment Report $6,950 Final QA/QC $2,200 Total Cost of Structural Assessment and Cost Estimate: $18,500 236 Memorandum REPORT TO:City Commission FROM:Veselik SUBJECT:Authorize the City Manager to Sign a Task Order 3 with Walker Consultants for Services Provided Under the Term Contract Relating to the Creation of an Employee Parking Program in Downtown Bozeman MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Task Order 3 with Walker Consultants for Services Provided Under the Term Contract Relating to the Creation of an Employee Parking Program in Downtown Bozeman 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:Based on feedback city staff has collected during our community engagement session, we have requested Walker Consultants begin to research best practices for the creation of an employee permit program for downtown Bozeman. This task order would govern activities from idea generation all the way to a final implementation of any employee permit program. UNRESOLVED ISSUES:No Unresolved Issues ALTERNATIVES:No Alternatives FISCAL EFFECTS:Up to $52,400 based on services rendered and governed by the term contract. Attachments: City of Bozeman Task 3 EPP Proposal_Updated.pdf Report compiled on: March 29, 2022 237 m:\proposal\cmpltpro\studies\government\2022 city of bozeman\city of bozeman task 3 epp proposal_updated.docx March 29, 2022 Mike Veselik Economic Development Program Manager, Parking City of Bozeman 121 N. Rouse Avenue Bozeman, MT 59715 Re: Task Order Number 3. Employee Parking Program Plan for Downtown Parking Bozeman, Montana Dear Mr. Veselik: Walker Consultants is pleased to submit this proposal for professional parking services to the City of Bozeman. Based on feedback the City has received from stakeholders through recent community engagement efforts facilitated by City Staff, downtown businesses and employees have identified a need for an expanded permit program that equitably addresses the needs of the area’s various users. The task outlined in this proposal includes developing an Employee Parking Program intended to serve the various users of the B-3 District. SCOPE OF SERVICES Item 1. Project Management This task consists of coordination and meetings with the City and internal coordination and efforts. This task includes three virtual meetings with the core project team (City of Bozeman staff and lead Walker team members). Deliverable: Project schedule No on-site meetings or site visits are identified for Item 1. Item 2: Online Questionnaire Walker will deliver and host an online questionnaire for City staff to promote through its community engagement channels. The questionnaire is proposed to include skip logic to collect reported parking behaviors and perceptions based on the type of user – business owner, employee, and others. Data collected through the online questionnaire will be designed to cross tabulate with data collected in August 2021 and inform analysis of employee parking behaviors to be further used in Item 3. 10375 Park Meadows Drive, Suite 425 Lone Tree, CO 80124 303.694.6622 walkerconsultants.com 238 City of Bozeman Task 3 March 29, 2022 Page 2 Based on the feedback received through the online questionnaire, Walker will work with City staff during a virtual work session to establish goals for the Employee Parking Program. These goals will be used as the metric through which prospective strategies and recommendations will be vetted. Deliverable: Online questionnaire questions and hosting; and one virtual work session for goal development. It is intended that the online questionnaire will be shared ahead of the virtual work sessions for these results to be available during that meeting. The results and data points collected in Item 2 will be incorporated into Item 4. Item 3. Data Analysis and Best Practice Evaluation Using the parking utilization data collected in August 2021 cross-tabulated with reported parking behaviors from Item 2, Walker will extrapolate employee parking behaviors to obtain a general idea of impacts to the existing public parking system. Walker will also collect a series of best practices for the downtown employee parking program from other communities addressing similar issues. These practices, along with existing strategies for downtown employee parking, will be evaluated against the goals established in Item 2. Deliverable: The results of Item 3 will be incorporated into Item 4. Item 4. Strategy Work Session with Stakeholders Based on the results and findings from Items 1, 2, and 3, Walker will develop a menu of strategies for the employee parking program. City staff will vet these strategies and then Walker will develop a presentation of the options for City staff to lead a series of focus group discussions with stakeholders. Walker will attend the work sessions in a support role to offer technical assistant as requested. It is assumed that the work sessions will be held over the course of two consecutive business days. Deliverable: PowerPoint of strategies for staff review and facilitate a virtual project team meeting to discuss prior to the stakeholder focus groups. Walker will then update the presentation after the project team meet and receiving one set of any additional consolidated comments from City staff and attend the focus group discussions in-person. Item 5. Recommendations and Draft Employee Parking Program Plan Based on the results and findings from Items 1, 2, and 3 and feedback collected in Item 4, Walker will develop recommendations for the employee parking program. City staff will vet these recommendations as a draft plan, and City staff may elect to circulate the draft plan through additional stakeholders. Walker will then update the plan once after receiving one document containing a consolidated set of all comments. Deliverable: Draft Employee Parking Program Plan and final Employee Parking Program Plan 239 City of Bozeman Task 3 March 29, 2022 Page 3 Item 6. Implementation and Action Plan Contingent on the adoption of the Employee Parking Permit Program, Walker will develop an implementation and action plan for the final Employee Parking Program. The plan will summarize needed policy or regulation updates with recommended language, technology investments (to be coordinated with Task Order 2), staffing and resource needs, and order of magnitude costs. The implementation plan will be revised once after receiving a consolidated set of comments from City staff. Deliverable: Draft Implementation and Action Plan and final Implementation and Action Plan Item 7. Employee Parking Program Communications Materials Contingent on the adoption of the Employee Parking Permit Program, Walker will develop a set of simple, graphical communications materials to include an updated project one-pager from Item 2 summarizing the Employee Parking Program for distribution to downtown business owners and employees. Walker will provide a draft press release and up to three draft social media postings for City use to introduce paid parking and employee parking programs. This press release will include a reminder of the existing parking benefit district available to address adjacent residential parking concerns when that district elects to move forward with this tool. The draft social media postings will be developed to target specific audiences such as downtown employees, downtown business owners, and others as determined appropriate with City staff. Deliverable: Informational flyer to educate the downtown community on employee parking options within public facilities; any graphics used in the flyer will be provided to the City as individual files for use online or in other materials; and draft press release and up to three draft social media postings. SCHEDULE We are prepared to begin these services immediately once authorized by the City. Below is a proposed timeline to complete the above-noted tasks. TASK APR MAY JUN JUL AUG SEP Authorization Item 1. Project Management Item 2. Online Questionnaire Item 3. Data Analysis and Best Practice Evaluation Item 4. Strategy Work Session with Stakeholders Item 5. Recommendations and Draft Employee Parking Program Plan Item 6. Implementation and Action Plan Item 7. Employee Parking Program Communications Materials 240 City of Bozeman Task 3 March 29, 2022 Page 4 PROFESSIONAL FEE The scope of services will be completed by Item using our existing Professional Services Agreement dated December 7, 2021, and issuance of a Task Order or signed proposal. The professional fee includes travel related expenses. Task 6 and Task 7 assume adoption of the Plan by City Commission. Should the Plan not be approved, these tasks will not be billed. These fees also assume the meetings and travel outlined in the Scope of Services and additional meetings or travel necessary to support development and adoption of the plan, not already included herein, can be provided at an additional fee. TASK PROFESSIONAL FEE Item 1. Project Management $ 6,500 Item 2. Online Questionnaire $ 4,500 Item 3. Data Analysis and Best Practice Evaluation $ 11,000 Item 4. Strategy Work Session with Stakeholders $12,400 Item 5. Recommendations and Draft Employee Parking Program Plan $ 8,000 Item 6. Implementation and Action Plan $ 7,000 Item 7. Employee Parking Program Communications Materials $ 3,000 TOTAL FEE $ 52,400 Sincerely, WALKER CONSULTANTS Christina M. Jones, MBA, CAPP Andrew J. Vidor Project Manager Director of Studies AUTHORIZATION Trusting that this meets with your approval, we ask that you sign in the space below to acknowledge your acceptance of the terms contained herein, and to confirm your authorization for us to proceed. Please return one signed original of this agreement for our records. CITY OF BOZMAN Accepted by (Signature) Printed Name Title Date 241 Memorandum REPORT TO:City Commission FROM:Michael Veselik, Parking Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Task Order DTN22-01 with Sanderson- Stewart for Structure Parking Feasibility Analysis Phase 3 MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Task Order DTN22-01 with Sanderson- Stewart for Structure Parking Feasibility Analysis Phase 3 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:During the February 1st work session on paid parking, the City Commission requested staff identify potential sites for a new parking garage. Under this task order, our term contract engineer Sanderson Stewart will draw preliminary plans for a newly identified site for a parking garage. Additionally, the contractor will create a three-dimensional model of the proposed parking garage on the two possible sites. UNRESOLVED ISSUES:None identified ALTERNATIVES:Alternatives as proposed by the Commission FISCAL EFFECTS:Part of the approved budget for the Downtown Urban Renewal District Attachments: URD Task Order DTN22-001 Complete 031422.pdf Report compiled on: March 17, 2022 242 City of Bozeman Urban Renewal District Term Contract Task Order Number #DTN22-001 PROJECT: Structured Parking Site Feasibility Analysis – Phase 3 Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated March 14, 2022, between the City of Bozeman Downtown Urban Renewal District (URD) and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: URD: Ellie Staley, Downtown URD Director Contractor: Danielle Scharf, Sanderson Stewart SCOPE OF WORK: The scope for this task order is detailed in the attached City of Bozeman Urban Renewal District Scope of Work – Task Order Number DTN22-001. COMPENSATION: Sanderson Stewart will bill for its services on a time and materials basis with a not-to-exceed amount of $32,865.00. Sanderson Stewart shall submit invoices to the City of Bozeman Downtown URD for work accomplished during each calendar month. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges for consultants retained by Sanderson Stewart, and reimbursable costs. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Sanderson Stewart Jeff Mihelich, City Manager Danielle Scharf, Principal 243 Downtown Urban Renewal District Scope of Work – Structured Parking Site Feasibility Analysis – Phase 3 Task Order No. DTN22-001 3/14/22 As an additional supplement to the recently completed Downtown Structured Parking Site Feasibility Study, Sanderson Stewart is pleased to provide this scope of work for a feasibility analysis of an additional potential parking garage site in Downtown Bozeman. It will also include massing models for three potential options. This work is to be done as a part of the Downtown Urban Renewal District term contract for architectural and engineering services. The consultant team for this project includes A&E Architects and Walker Consultants. A detailed list of assumptions and scope of services for the project are outlined below. Scope of Work: Phase 1 – Project Initiation This phase of the project will include project initiation and planning tasks, including scoping, contract preparation, and coordination with the consultant team. All project management tasks and client/team meetings beyond project initiation will be allocated to the remaining project phases. Phase 2 – Concept Parking Layouts for County Health Department Site This phase will include a concept-level plan view layout of a potential parking structure on the Gallatin County Health Department site located northeast of the intersection of Mendenhall Street and North 3rd Avenue. It will include potential parking circulation, ramping systems, vehicular entry/exit configurations, and pedestrian access options. Two alternatives will be developed, considering options with and without the existing residence located southeast of the site. Phase 3 – 3D Massing Design Concepts for County Sites This phase of the project will include generation of 3D massing design concepts for two sites that illustrate the number of parking stalls, vertical circulation components, potential commercial space and massing that meet code requirements and maximize utilization of the site. This phase of the project will be completed for up to three (3) sites if they are determined to be feasible based on the analysis conducted in previous phases. Phase 4 – Federal Building Site Development and Massing Model This phase of the project will include additional research and conversations with the City of Bozeman and GSA regarding a potential garage on the Federal Building site. It will include up to three additional meetings with GSA and modifications to the previously completed concepts, if needed. A final step for this phase of the project will be to develop a 3D massing model for the updated concept on the Federal Building site. 244 Exclusions: The following items are not expected to be needed for this project and are therefore specifically excluded from this scope of work: • Topographic and boundary survey of the proposed sites • Analysis of additional sites beyond the sites listed in this scope • Architectural styling/design concepts • Design phases beyond high-level concepts • Presentation of findings beyond anticipated review meetings with Client • Stakeholder/public meetings If needed, these items will be added as a separate task order or contract amendment. Fees and Billing Arrangements: Phase Fee 1. Project Initiation $640.00 2. Concept Parking Layouts for County Health Department Site $10,467.00 3. 3D Massing Design Concepts for County Sites $10,708.00 4. Federal Building Site Development and Massing Model $11,050.00 Total Project $32,865.00 Sanderson Stewart will bill for its services on a time and materials basis with a not-to-exceed amount of $32,865.00. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges for consultants retained by Sanderson Stewart, and reimbursable costs. Project Schedule: The anticipated schedule for this project consists of preparing the deliverables within three (3) months of notice to proceed. Reasonable time shall be allowed for review and coordination with other related projects. 245 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Rachel Harlow-Schalk, Interim Finance Director SUBJECT:Resolution 5388 Intent to Create a Special Improvement Lighting District 772 for Blackwood Groves MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5388, Intent to Create Special Improvement Lighting District #772 for Blackwood Groves. 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:7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is 246 estimated to cost $21.53 per acre within the district or $452.40 annually for the entire district, or on an average size lot of 12,367 square feet the annual estimated cost would be $6.18, which is payable semiannually Attachments: Resolution 5388-Intent to Create SILD 772.docx Exhibit A-Blackwood Groves.pdf Exhibit B-Blackwood Groves.pdf Report compiled on: March 22, 2022 247 Page 1 of 10 RESOLUTION 5388 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 772 (BLACKWOOD GROVES)DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Intention to Create District; Proposed Improvements.It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve Blackwood Groves (the “District”) for the purpose of maintenance and energy costs.The district will pay the maintenance and energy costs for four (4) Signify Lumec RoadFocus large LED Cobrahead 77 watt single upsweep luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman standards and nineteen (19) Signify Lumec RoadFocus medium LED Cobrahead 37 watt single upsweep luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman standards. The poles will be K-KLAD over galvanized –Hunter Green. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $2.87 per 77 watt LED fixture or; $11.49 total for all 77 watt fixtures, and $1.38 per 37 watt LED fixture or; $26.21 for 248 Resolution 5388, Intent to Create Lighting District 772 Page 2 of 10 all 37 watt fixtures. This calculates to $452.40 annually. Section 2 Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement Lighting District No. 772 (Blackwood Groves) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the Improvements and will be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the Improvements. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5.The annual maintenance and energy costsare estimated at $452.40, andshall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such 249 Resolution 5388, Intent to Create Lighting District 772 Page 3 of 10 lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenuesand alleys.The total area of the District to be assessed is 21.01acres, or 915,166 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $21.53 or $0.00050 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $452.40, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $45.33 per acre, or $0.001041 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the 250 Resolution 5388, Intent to Create Lighting District 772 Page 4 of 10 Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9 Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of maintenance and energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (April 25, 2022) written protest against the proposed maintenance and energy costs, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on May 10, 2022 at 6 pm in Bozeman City Hall, City Commission Room, 121 N Rouse Ave. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on April 10, 2022 and April 17, 2022, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of April, 2022. ___________________________________ 251 Resolution 5388, Intent to Create Lighting District 772 Page 5 of 10 CYNTHIA ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 252 Resolution 5388, Intent to Create Lighting District 772 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5388, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 772(BLACKWOOD GROVES)DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on April 5, 2022, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___________ ___ ; abstained from voting thereon: ________________ ; or were absent: _______________ . WITNESS my hand officially this 5 th day of April, 2022. ___________________________________ MIKE MAAS City Clerk 253 Resolution 5388, Intent to Create Lighting District 772 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 772 (BLACKWOOD GROVES) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on April 5, 2022, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 5388 to create Special Improvement Lighting District No. 772 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to BLACKWOOD GROVES, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5388 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and energy costs for for four (4) Signify Lumec RoadFocus large LED Cobrahead 77 watt single upsweep luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman standards and nineteen (19) Signify Lumec RoadFocus medium LED Cobrahead 37 watt single upsweep luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman standards. The poles will be K-KLAD over galvanized –Hunter Green. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $2.87 per 77 watt LED fixture or; $11.49 total for all 77 watt fixtures, and $1.38 per 37 watt LED fixture or; $26.21 for all 37 watt fixtures. This calculates to $452.40 annually. All properties in the District will be assessed for their proportionate share of the costs of the Improvements on an “area basis” annually and will be payable in equal semiannual installments. The annual maintenance and energy costs are estimated at $452.40, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, 254 Resolution 5388, Intent to Create Lighting District 772 exclusive of streets, avenues and alleys. The total area of the District to be assessed is 21.01 acres, or 915,166 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $21.53. The annual assessments for costs of the Improvements may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $45.33 per acre, or $0.001041 per square foot. On Tuesday, May 10, 2022, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave,Bozeman, Montana, the City Commission will conduct a public hearing to hear and pass upon all written protests against the creation or extension of the District, or the Improvements. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings. Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on April 25, 2022. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. DATED this 8th day of April, 2022. Mike Maas City Clerk 255 Resolution 5388, Intent to Create Lighting District 772 City of Bozeman Legal Ad Publication Dates: Sunday, April 10, 2022 Sunday, April 17, 2022 256 Resolution 5388, Intent to Create Lighting District 772 RESOLUTION 5388 Resolution of Intent to create SILD No.772 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to BLACKWOOD GROVES, and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Mike Maas, City Clerk, being first duly sworn, says: That I cause to be mailed first class the Notice in regards to the owners in Special Improvement Lighting District No. 772, as listed in Exhibit "B", on Friday, April 8, 2022, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Mike Maas City Clerk Subscribed and sworn before me this 8 th day of April, 2022. (Notarial Seal) _______________________________ Printed Name____________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal 257 258 259 260 Exhibit B-Blackwood Groves.xlsx 3/22/2022/10:55 AM Phase Blk Lot Sq Ft Owner Owner Address City, State Zip 1 2 1 6,499 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 2 2 5,999 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 2 3 5,999 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 2 4 6,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 2 5 6,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 2 6 6,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 3 1 5,500 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 3 2 5,500 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 3 3 5,500 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 3 4 5,500 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 3 5 5,500 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 3 6 5,500 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 4 1 7,700 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 4 2 7,700 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 4 3 7,700 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 4 4 7,700 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 4 5 7,700 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 4 6 8,500 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 5 1 8,570 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 5 2 8,815 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 5 3 10,566 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 5 4 12,879 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 5 5 10,072 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 5 6 11,656 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 6 1 5,600 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 6 2 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 6 3 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 6 4 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 6 5 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 6 6 5,600 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 6 7 5,600 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 6 8 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 6 9 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 6 10 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 6 11 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 6 12 5,600 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 7 1 5,520 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 7 2 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 7 3 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 7 4 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 7 5 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 7 6 5,520 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 7 7 5,520 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 7 8 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 7 9 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 BLACKWOOD GROVES SUBDIVISION PHASES 1 AND 9 Original #274740 1500 S 15th Ave 261 Exhibit B-Blackwood Groves.xlsx 3/22/2022/10:55 AM 1 7 10 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 7 11 4,400 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 7 12 5,520 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 1 6,218 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 2 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 3 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 4 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 5 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 6 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 7 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 8 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 9 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 10 6,217 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 11 6,218 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 12 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 13 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 14 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 15 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 16 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 17 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 18 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 19 5,000 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 8 20 6,217 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 10 1 43,740 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 10 2 43,740 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 11 1 43,497 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 1 11 2 43,497 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 9 1 1 211,275 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 9 13 1 130,612 Blackwood Land Fund LLC 140 Village Crossing Way # 3B Bozeman, MT 59715 915,166.00 262 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT:Resolution 5393 Authorizing Change Order 1 with Highland Construction for Front Street Connector TOP Project MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Resolution 5393 Authorizing Change Order No. 1 with Highland Construction for Front Street Connector TOP Project STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:On July 7, 2021 the City entered into an agreement with Highland Construction for the Front Street Connector Trails, Open Space and Parks Bond Project which includes a new shared use pathway extending from Rouse Avenue to Wallace Avenue and a new bridge over Bozeman Creek. To access the project site, a construction easement was needed within railroad property and the contractors had to move debris to pass through. The items identified within Change Order No. 1 reflect additional work performed and cost incurred to clear and dispose of the debris pile not included within the Miscellaneous category of the contract but within the project budget that included site improvements. UNRESOLVED ISSUES:NA ALTERNATIVES:Per Commission FISCAL EFFECTS:The Change Order amount of $12,016 is above the original contracted amount but within the budget for this project. Attachments: Resolution 5393 Change Order No 1 with Highland Construction for Front Street Connector.docx 15022.02_ChangeOrder_1.pdf Report compiled on: March 24, 2022 263 Version April 2020 RESOLUTION 5393 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHEREAS,the City of Bozeman did, on July 7, 2021, enter into an Agreement with Highland Construction for construction of the Front Street Connector Trails, Open Space and Parks Bond Project; and WHEREAS,it has become necessary in the prosecution of the work to make alterations to the specifications and/or plans of the contract; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations to the specifications and/or plans of the contract be made by resolution. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: The proposed modifications and/or alternates to the Agreement between the City of Bozeman, a municipal corporation, and Highland Construction for construction of the Front Street Connector Trails, Open Space and Parks Bond Project, as contained in Change Order No. 1, 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 _____ day of ________, 20____. ___________________________________ CYNTHIA L. ANDRUS Mayor 264 Version April 2020 ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 265 Change Order No. 1 PROJECT:DATE OF ISSUANCE:February 2, 2022 OWNER:City of Bozeman OWNER PROJ. NO. 121 N Rouse Ave. Bozeman, MT 59715 CONTRACTOR:Highland Construction Services, LLC ENGINEER:SANDERSON STEWART P.O. Box 2007 Belgrade, MT 59714 ENGINEER PROJ. NO.15022.02 CONTRACT FOR: You are directed to make the following changes in the Contract Documents. Purpose of Change Order: Explanation of Items.See page two for explanation Attachments: CHANGE IN CONTRACT PRICE:CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $215,339.00 45 days or date Previous Change Order No. 0 Net change from previous Change Orders $0.00 0 days Contract Price prior to this Change Order Contract Time prior to this Change Order $215,339.00 45 days or date Net INCREASE of this Change Order Net INCREASE of this Change Order $12,016.00 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $227,355.00 45 days or date RECOMMENDED:ACCEPTED: by: ________________________________________by: ______________________________________________ Sanderson Stewart Date Date APPROVED: by: ________________________________________ City of Bozeman Date 15022.02 New pathway extending from Rouse Avenue to Wallace Avenue along Birch Street and the future Front Street including a new bridge over Bozeman Creek. For removal of excess trash and coal ash from surface layer of path alignment. Truck loads and dump fees from Highland Construction Highland Construction Services, LLC Page 1 of 2266 Change Order No. 1 PROJECT:DATE OF ISSUANCE:February 2, 2022 Bid Quantity Dollar Amount Item Description Unit Price Increase / Decrease Increase / Decrease 131 UNIT $1.00 12016.00 12,016.00$ -$ -$ -$ -$ -$ TOTAL NET INCREASE 12,016.00$ Item No. CO 1 EXPLANATION OF ITEMS The top surface layer of the project site had significant trash, debris and coal ash. This change order represents the cost to load and haul 13 loads of trash/debris to landfill at $600 per load and pay for the assocaited dump fees. CHANGE ORDER NO. ONE Miscellaneous Work 15022.02 Page 2 of 2267 268 269 Memorandum REPORT TO:City Commission FROM:Jen Giuttari, Assistant City Attorney Greg Sullivan, City Attorney SUBJECT:Ordinance 2100 Final Adoption Recognizing and Designating June 19th as Juneteenth National Freedom Day, Designating June 19th as the Local Juneteenth Holiday, Replacing the Term Columbus Day with Indigenous Peoples' Day, and Designating the Friday after Thanksgiving as the Local Indigenous Peoples' Day Holiday MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Move to finally adopt Ordinance 2100 which recognizes and designates June 19th as Juneteenth National Freedom Day , designates June 19th as the local Juneteenth holiday, replaces the term Columbus Day with Indigenous Peoples' Day, and designates the Friday after Thanksgiving as the local Indigenous Peoples' Day holiday STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity through policies and public awareness. BACKGROUND:On Tuesday, March 22, 2022, the Bozeman City Commission provisionally adopted Ordinance 2100. As required by Montana law, the Commission must finally adopt this Ordinance. If the Commission does so, it will become effective 30 days after final adoption in time for the holiday to be effective for this coming June. Below we provide information that was provided with the memorandum for provisional adoption. Bozeman's Strategic Plan 3.0 establishes the city's goal of ensuring that it is a safe and welcoming community. Specifically, Strategic Plan 3.3 explicitly states that the city will achieve this goal by welcoming diversity through its policies and promoting public awareness. Ordinance 2100 accomplishes this goal by recognizing both Juneteenth National Freedom Day and Indigenous Peoples' Day as local holidays. Ordinance 2100 recognizes and designates June 19th as Juneteenth National Freedom Day ("Juneteenth") and designates June 19th as a local holiday in honor of Juneteenth. Juneteenth honors the passage of the Emancipation Proclamation, the issuing of General Order No. 3, and the end of slavery in the United States. Ordinance 2100 also replaces the term Columbus Day with Indigenous Peoples' Day, and designates the Friday after Thanksgiving as the local Indigenous Peoples' Day holiday. Indigenous Peoples' Day honors the contributions and sacrifices of Native communities and Tribal Nations. 270 Both of these amendments to the Code further the city's goals as set forth in Strategic Plan 3.3. UNRESOLVED ISSUES:None identified. City management will implement the holiday. ALTERNATIVES:As identified by the Commission. FISCAL EFFECTS:The fiscal impact beyond what is already budgeted for personnel is approximately $10,400. This amount reflects the overtime/holiday pay paid to city employees required to work on a holiday (i.e. police, fire, and other essential services) over and above base pay. Attachments: Ord. 2100.pdf Report compiled on: March 25, 2022 271 Page 1 of 6 ORDINANCE 2100 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RECOGNIZING AND DESIGNATING JUNE 19TH AS JUNETEENTH NATIONAL FREEDOM DAY, DESIGNATING JUNE 19TH AS THE LOCAL JUNETEENTH HOLIDAY, REPLACING THE TERM COLUMBUS DAY WITH INDIGENOUS PEOPLES’ DAY, AND DESIGNATING THE FRIDAY AFTER THANKSGIVING AS THE LOCAL INDIGENOUS PEOPLES’ DAY HOLIDAY. WHEREAS, Mont. Const. Art. XI, § 4 mandates to liberally construe the powers of incorporated cities, and Mont. Const. Art. XI, § 6 of the Montana Constitution expressly authorizes a local government unit with self-government powers to exercise any power not prohibited by the constitution, law, or charter; and WHEREAS, the Bozeman City Charter establishes that the City of Bozeman is a local government that has adopted self-government powers which must be liberally construed; and WHEREAS, there is no express prohibition in the Montana Constitution or the Bozeman City Charter that prevents a local government from establishing a local holiday; and WHEREAS, there is no express prohibition in Mont. Code Ann. §§ 7-111, 112, or 114 that prevents a local government from establishing a local holiday; and WHEREAS, there is no state agency or office directed to establish administrative rules or oversee the enforcement of a local government establishing a local holiday; and 272 Ordinance No. 2100, Designating the Local Juneteenth and Indigenous Peoples’ Day Holiday Page 2 of 6 WHEREAS, the power to establish a local holiday has not been affirmatively delegated to the State of Montana; and WHEREAS, the State of Montana observes Columbus Day as a legal, public holiday that is recognized as a paid, legal holiday on the second Monday in October during which all offices of state and local government are closed to the public; and WHEREAS, the State of Montana observes Juneteenth national freedom day on the third Saturday in June; and WHEREAS, on June 17, 2021, in honor of the passage of the Emancipation Proclamation and the issuing of General Order No. 3, and to commemorate the end of slavery in the United States, the Juneteenth National Independence Day Act became federal law and a paid, legal holiday during which all federal offices are closed to the public, and WHEREAS, the City of Bozeman’s Strategic Plan 3.3 establishes the city’s goal of ensuring that it is a friendly community that “welcome[s] diversity through policies and public awareness”; and WHEREAS, the City of Bozeman replaces the term Columbus Day with Indigenous Peoples’ Day to memorialize and commemorate an accurate representation of the history of indigenous people in the United States; and WHEREAS, because it is in the best interest of the citizens of Bozeman to celebrate and honor the invaluable contributions of diverse cultures and because the City of Bozeman strives to be an inclusive and welcoming community, the City of Bozeman now clarifies its designated legal, public holidays. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: 273 Ordinance No. 2100, Designating the Local Juneteenth and Indigenous Peoples’ Day Holiday Page 3 of 6 Section 1 That a new section of the Bozeman Municipal Code Sec. 2.01.020 is hereby adopted as follows: Sec. 2.01.020. – Juneteenth National Freedom Day. June 19th of every year is recognized as Juneteenth National Freedom Day (“Juneteenth”) and is a legal, public holiday in the city. The local day of celebration of the Juneteenth holiday shall occur on June 19th. If this holiday falls on a Sunday, the Monday following is the holiday. If this holiday falls on a Saturday, the Friday preceding is the holiday. All city offices are closed on the day of the holiday and employees shall be granted a paid holiday according to city policies. Section 2 That a new section of the Bozeman Municipal Code Sec. 2.01.030 is hereby adopted as follows: Sec. 2.01.030. – Indigenous People’s Day. The city recognizes the second Monday of October as Indigenous Peoples’ Day, and replaces the term Columbus Day with the term Indigenous Peoples’ Day. Any reference to Columbus Day in any provision of this code, ordinance, administrative order, or other official city document shall be referenced to as Indigenous Peoples’ Day. The city recognizes Indigenous Peoples’ Day as a legal, public holiday. The local day of observation of Indigenous Peoples’ Day shall occur on the Friday following Thanksgiving, during which all city offices are closed and employees shall be granted a paid holiday according to city policies. Section 3 Except as indicated in Sections 1 and 2 of this ordinance, the City of Bozeman recognizes and observes all other State legal holidays. Section 4 The City Manager is authorized to establish policies and procedures to implement this ordinance. 274 Ordinance No. 2100, Designating the Local Juneteenth and Indigenous Peoples’ Day Holiday Page 4 of 6 Section 5 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 6 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 7 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 8 Codification. Sections 1 through 3 of this ordinance shall be codified and included as new sections, as written above, in Chapter 2, Article 1 of the Bozeman Municipal Code, which is currently entitled Administration: In General. Bozeman Municipal Code shall be amended to include two new sections, Sec. 2.01.020 and Sec. 2.01.030, as set forth in Sections 1 and 2 of this ordinance. 275 Ordinance No. 2100, Designating the Local Juneteenth and Indigenous Peoples’ Day Holiday Page 5 of 6 Section 9 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 20__. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is __________, __, 20__. _________________________________ CYNTHIA L. ANDRUS Mayor 276 Ordinance No. 2100, Designating the Local Juneteenth and Indigenous Peoples’ Day Holiday Page 6 of 6 ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 277 Memorandum REPORT TO:City Commission FROM:Chuck Winn, Assistant City Manager SUBJECT:Ordinance 2101 Final Adoption Authorizing the City Manager to Sign a Purchase and Sale Agreement for the Sale and Conveyance of Fire Station 1 MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:I move for final adoption of Ordinance 2101 outlining the terms and conditions for the sale of Fire Station #1 with added language restricting short-term rentals as directed by the City Commission on March 22, 2022. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:On March 22, 2022, the City Commission voted 5-0 to provisionally adopt Ordinance 2101 outlining the terms and conditions for the sale of Fire Station #1. The Commission directed staff to add language in the purchase and sale agreement that would restrict short-term rentals on the property at redevelopment. That language has been added to section 2.5 of the revised purchase and sale agreement attached. Passing this agenda item for final adoption would make the ordinance effective in 30 days. On November 6, 2018, Bozeman voters approved the sale of bonds to help finance the design and construction of the new Bozeman Public Safety Center at 901 N. Rouse. The construction project as presented to the voters included $2.5M from the sale of Fire Station 1 as a critical funding source for the project which includes a new Fire Station #1 and Bozeman Police Station. Once the BPSC is complete in July 2022, the Fire Department and the Police Department will move from their location at 34 N. Rouse to the new Safety Center and the current facility will be vacated and no longer used by either department. Section 2.06.890.B, BMC, subject to section 2.06.870.D, authorizes the sale of City property for not less than 90 percent of the appraised value. In addition, section 2.06.900, BMC, provides that “[N]o sale of real property shall be made of any property unless it has been appraised within one year prior to the date of the sale.” The city obtained an appraisal for the property 278 at 34 N. Rouse issued on October 14, 2021. The appraisal provides the current market value of the property, as of October 12, 2021, is $3,240,000.00. 90% of the appraised value is $2,916,000.00. BMC Sec. 2.06.870 authorizes the sale of city property "when the city commission, after public hearing, has determined by a two-thirds vote of all the members that any real property owned by the city is not needed for public use, or that the public interest may be furthered" by the sale. On July 27, 2021, the Bozeman City Commission determined by a vote of 5 – 0 that Fire Station 1 was no longer needed for public use and the public interest will be furthered by the sale of the property and directed the City Manager to complete all steps necessary to negotiate a sale and transfer of the property. Sale of city-owned property is completed through ordinance. To adopt this Ordinance the Commission can only do so by super-majority. In June 2021, the city issued requests for proposals for real estate services to sell Fire Station 1. After a competitive selection process, the City selected Sterling BZN, LLC to represent the city in the negotiated sale of the fire station. Shortly after the initial listing, the City Commission directed the City Manager to issue an addendum to the listing that allowed the city to consider affordable housing proposals in the decision to sell the property. The city received 6 offers in that first round and began negotiations with two groups that ultimately failed due to the cost of construction and the requirement to sell the property for 90% of appraised value. Through these conversations, developers indicated that an affordable housing project was not feasible on that site without some incentives for parking and a cash contribution to the project to help offset construction costs. As a result of those first negotiations, the city issued an amended call for offers that included possible parking incentives (up to 12 long-term leases in city-owned surface lot) and a possible tax increment incentive of up to $1.6M for reimbursement of eligible development costs. The city received four new offers and a carryover cash-only offer from the first round, all offers are available online. Three of the new offers contained elements of affordable housing and one was a new cash-only offer with no affordable housing component. During the time the second round of offers was being solicited, the city approached the Downtown Tax Increment Finance District (TIFD) to consider awarding $1.6M for an affordable housing project upon redevelopment of the property in consideration of the redevelopment providing long-term 279 affordable housing. Additionally, staff worked with the transportation board acting as the parking commission to adopt a new policy that allowed for long-term permits on city-owned parking lots for the furtherance of affordable housing projects. The TIF Board considered the request twice but ultimately did not approve an award – the motion failed twice on a 2-2 vote. The offers as received by the City in the second round can be found online. The City reviewed all offers received and determined the Reistad offer met the minimum purchase requirements and provided the highest number of affordable housing units. Staff met with Cory Reistad and his team and negotiated the following deal points for your consideration tonight: Sale price $2,916,000 which is 90% of October 2021 appraisal Minimum of 50 affordable housing units for sale at no more than 120% of the area medium income (AMI) 45-day due diligence period Opportunity at redevelopment for up to 12 parking permits in city- managed parking facilities For specifics on how the tax increment support and parking spaces are related to the sale of the property please review section 2.5 of the purchase and sale agreement attached to Ordinance 2101. Provisional adoption of Ordinance 2101 tonight would set into motion the process for the sale of Fire Station 1 in accordance with the conditions contained within the negotiated purchase and sale agreement. Assuming provisional adoption tonight, the second reading would be scheduled on April 5 and the Ordinance would become effective 30 days later at which time the City Manager would be authorized to execute the agreement. Under the terms of the agreement, the purchaser would be allowed to rescind their offer anytime within the 45-day due diligence period. Should that happen, the city would consider other offers. It is important the sale of the property be completed in July 2022 so that funding for the Bozeman Public Safety Center will available upon completion of the building project in July 2022. UNRESOLVED ISSUES:None ALTERNATIVES:As directed by the Commission FISCAL EFFECTS:Sale of this property was an element of the bond issue for construction of the Bozeman Public Safety Center as approved by the voters in November 2018. The City will need to transfer $2.5M to the construction fund in July 280 2022. Attachments: Adoption_Ordinance_2101_Sale_of_FS1.docx PSA Fire Station1 Sale 3 23 22 w STR restrictions FINAL.pdf Report compiled on: March 25, 2022 281 ORDINANCE 2101 Page 1 of 6 ORDINANCE 2101 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO SIGN A PURCHASE AND SALE AGREEMENT FOR THE SALE AND CONVEYANCE OF FIRE STATION 1 LOCATED AT 34 NORTH ROUSE AVENUE, BOZEMAN, MONTANA, INCLUDING CONTINGENCIES REGARDING THE SALE AND REQUIRING THE PROCEEDS FROM THE SALE BE DEPOSITED IN THE CITY’S GENERAL FUND, AND PROVIDING FOR AN EFFECTIVE DATE. 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 of Bozeman owns real property known as the Fire Station 1 identified as Lots 15, 16, 17, 18, and 19 in Block F of Rouse's First Addition, City of Bozeman, Gallatin County, MT. EXCEPTING Therefrom the portion transferred to Montana Department of Transportation for Highway Right of Way, further described in the Bargain and Sale Deed recorded as Document 2527031 on 10/07/2015 with the Gallatin County Clerk and Recorder. 2.Section 2.11 of the Bozeman City Charter requires adoption of an ordinance when the City “convey[s]… or authorize[s] the conveyance… of any lands of the city.” 3.Section 2.06.850 of the Bozeman Municipal Code (BMC) (Ordinance 1658) grants the City Commission the jurisdiction and power to sell any real property, however acquired, belonging to the City that is not necessary to the conduct of city business or the preservation of property. 282 ORDINANCE 2101 Page 2 of 6 4.Section 2.06.890.B, BMC, subject to section 2.06.870.D, authorizes the sale of City property for not less than 90 percent of the appraised. In addition, section 2.06.900, BMC, provides that “[N]o sale of real property shall be made of any property unless ithasbeenappraisedwithinone yearpriortothedateofthesaleandtheCityManager obtained an appraisal which was issued on October 14, 2021. The appraisal provides the current market value of the property, as of October 12, 2021, is $3,240,000.00. The proposed sale price of $2,916,000.00 is 90% of the appraised value. 5.On July 27, 2021, the Bozeman City Commission determined by a vote of 5 – 0, adoptingthe findings included in the July 27, 2021 staff memorandum and concluded Fire Station 1 was no longer needed for public use and the public interest will be furthered by the sale of the property as provided for in §§ 2.06.880 through 2.06.910 of the Bozeman Municipal Code and directed the City Manager to complete all steps necessary to negotiate a sale and transfer of the property. 6.Should the Bozeman City Commission provisionally adopt this ordinance by no less than a two-thirds vote of its total membership, notice of provisional adoption of this ordinance shall be published in compliance with Sect. 7-1-4127, MCA, prior to final adoption. Section 2 The Bozeman City Commission hereby authorizes the City Manager to enter into the attached Agreement to Sell and Purchase Real Estate (Attachment A) and to take all other action necessary to effectuate the sale of the Fire Station 1 property to purchaser Good Housing Partnership, LLC and/or their assigns. The property is located at 34 North Rouse Avenue, Bozeman, MT and described Lots 15, 16, 17, 18, and 19 in Block F of Rouse's First Addition, City of Bozeman, Gallatin County, MT. EXCEPTING Therefrom the portion transferred to Montana Department of Transportation for Highway Right of Way, further described in the Bargain and Sale Deed recorded as Document 2527031 on 10/07/2015 with the Gallatin County Clerk and Recorder, Gallatin County, Montana. The Commission authorizes, subject to fulfillment of the contingencies as stated in the attached Agreement and those contingencies listed below, the conveyance of the fee title to the Property by warranty deed to Good Housing Partnership, LLC and/or their assigns: 1. The sale prices shall be Two Million Nine Hundred Sixteen Thousand Dollars ($2,916,000.00). 2. In consideration for the purchase price being below the October 12, 2021 appraised current market value and below other offers, Buyer or its successors in interest must provide a minimum of fifty (50) units of housing affordable to purchasers making an average of 120% of the area medium income as provided for in Section 2.5 of Attachment A. 283 ORDINANCE 2101 Page 3 of 6 3. The purchaser shall pay cash to the City at closing. 4. The City Manager shall not be authorized to sign the attached Agreement to Sell and Purchase Real Estate until 30 days after final adoption of this ordinance; as such, the Agreement to Sell and Purchase Real Estate shall not be binding on the City of Bozeman until executed by the City Manager at that time. Section 3 Proceeds of the sale shall be deposited in the City’s general fund. Section 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 6 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 7 Codification Instruction. 284 ORDINANCE 2101 Page 4 of 6 This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Ordinances for Sale, Transfer, or Conveyance of Real Property.” Section 8 Effective Date. This ordinance shall be in full force and effect 30 days after final adoption. 285 ORDINANCE 2101 Page 5 of 6 PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 22nd day of March, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 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 ____ day of _______________, 2022. The effective date of this ordinance is _________________, __ 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ 286 ORDINANCE 2101 Page 6 of 6 GREG SULLIVAN City Attorney 287 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 1 of 20 PURCHASE AND SALE AGREEMENT This “Agreement” is made and entered into by and between: “Buyer” and “Seller” Cory Reistad and Allison Bryan City of Bozeman (each a “Party” and collectively the “Parties”). “Buyer’s Agent”: “Seller’s Agent”: Louisa Hamlin Pure West Christie’s International Real Estate louisa@louisahamlin.com 406-570-2178 Ryan Springer Sterling CRE Advisors Bozeman Ryan.Springer@sterlingcreadvisors.com 406-579-5586 (each an “Agent” and collectively the “Agents”). The following terms shall have the following meanings for purposes of this Agreement: “Real Property”: 34 N Rouse Avenue, Bozeman MT 59715 Legal Description: Lots 15, 16, 17, 18, and 19 in Block F of Rouses First Addition, City of Bozeman, Gallatin County, MT. EXCEPTING Therefrom the portion transferred to Montana Department of Transportation for Highway Right of Way, further described in the Bargain and Sale Deed recorded as Document 2527031 on 10/07/2015 with the Gallatin County Clerk and Recorder. To be verified during escrow. “Purchase Price” $2,916,000,00 “Closing Date” Closing to occur within 15 days of the City of Bozeman vacating premises. “Escrow Agent” Tammy Redfern, Montana Title, tredfern@montanatitle.com “Escrow Method” Wire Transfer “Earnest Money” $25,000.00 “Due Diligence Deadline” 45 days from Effective Date of City of Bozeman Ordinance 2021 “Offer Expiration Deadline” Except as provided for in Section 2.2, Offer will remain open unless and available for Buyer to rescind only until provisional adoption of City of Bozeman Ordinance 2021; except as provided for in Section 2.2 thereafter Offer will no longer be subject to rescission. 288 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 2 of 20 ARTICLE 1—Purchase & Sale 1.1 Purchase. The Seller agrees to sell and the Buyer agrees to buy, on the terms and conditions set forth in this Agreement and Schedule 1.1, all of the Seller’s right, title, and interest in the Real Property, and Significant Intangible Assets, including all rights, improvements and fixtures located on the Real Property and all rights, privileges, easements, and rights of way appurtenant to the Real Property (collectively, the “Property”) excepting the Seller’s interests in water rights 41H 61642-00 and 41H 61643-00 and excepting the existing fire poles. If Seller has not accepted this offer by the Offer Expiration Deadline, such offer shall be deemed to have been automatically withdrawn as of the Offer Expiration Deadline. 1.2 Good Faith Deposit. Notwithstanding that this Agreement must be ratified by the Bozeman City Commission, no later than two (2) days after the City Manager’s signature on this Agreement Buyer will cause the Earnest Money to be deposited with the Escrow Agent. 1.3 Water Rights and Decommissioning of Well. Buyer recognizes and agrees the Seller will retain its interests in the water rights described in Section 1.1. Buyer also recognizes the City will, prior to the Closing Date, decommission the well. After the Closing Date, Buyer will be responsible for all regulatory requirements for the well and Seller shall have no more responsibility. 1.4 Due Diligence. Buyer recognizes it has had opportunity to conduct due diligence during the time period the Property was listed for sale. Nevertheless, Buyer shall have until the Due Diligence Deadline to conduct inspections or reviews customary in the sale of commercial real estate in Montana of the Real Property including the inspections and evaluations listed on Schedule 1. During this period, Seller will make reasonable accommodations for Buyer, or Buyer’s agents, to enter and inspect and evaluate the Property. Buyer may terminate this Agreement, at Buyer’s sole and absolute discretion, if the Property is not satisfactory and if Buyer provides notice to Seller before the expiration of the Due Diligence Deadline. If Buyer so terminates, Buyer shall provide Seller any reports or information relating to due diligence that were prepared by Buyer or Buyer’s Agent. 1.5 Seller’s Deliveries. Prior to Seller’s Due Diligence Delivery Deadline, Seller shall provide to Buyer legible copies of all material documents or contracts affecting the Property in Seller’s possession or which are reasonably accessible to Seller. 289 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 3 of 20 1.6 Title. By the Seller’s Due Diligence Delivery Deadline, Seller shall deliver to the Buyer a commitment for a standard ALTA owner’s title insurance policy issued by the Closing Agent (the “Preliminary Title Commitment”) in an amount equal to the Purchase Price commitment to insurance merchantable title to the Real Property excluding only the Water Rights mentioned in Section 1.3 and the Exceptions (as defined in Section 1.7). Buyer shall have twenty (20) business days from the delivery of the Preliminary Title Commitment to object to the title of the Property (a “Buyer Objection”). If Buyer so objects, Seller shall have thirty (30) days—and the Closing Date shall be automatically extended by thirty (30) days—to address such Buyer Objection to the satisfaction of Buyer, in Buyer’s sole and absolute discretion. 1.7 Seller’s Title Delivery. At the closing the Seller shall convey good and marketable fee simple title to the Real Property to the Buyer by warranty deed, free and clear of all liens, encumbrances, easements, rights of way, restrictions, reservations, conditions, burdens, and other defects in title (the “Warranty Deed”), except as follows (the “Exceptions”): a. Easements, rights of way, restrictions, reservations, conditions, and burdens of record; b. Easements, rights of way, and encroachments which are apparent on inspection of the Real Property or which would be disclosed by a survey of the Real Property; c. Laws, ordinances, and regulations relating to zoning, land use, environmental protection, and building; d. Reservations made in patents or in acts authorizing the issuance of patents; e. Taxes and assessments which are not yet due and payable; f. All other conditions of title disclosed by the Preliminary Title Commitment, and which did not receive a Buyer Objection; and 1.8 City Not Bound in Its Regulatory/Utility Authority. Buyer recognizes the City enters this Agreements as a landowner and not in its regulatory role regarding any land use, zoning, building inspection, subdivision, or any other circumstance where the Buyer may need to receive regulatory approvals from the City prior to conducting any activity on the Property after the Closing Date. In addition, Buyer recognizes the City is a provider of certain utility services including but not limited to water, sewer, and stormwater. As such, Buyer agrees that noting herein binds the City to make certain regulatory approvals should the Property be redeveloped, reused, demolished, or in any capacity wherein the City may have regulatory or utility authority after the Closing Date. In addition, Buyer recognizes 290 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 4 of 20 the Covenant regarding affordable housing provided in Section 2.5 runs with the land and in no way supersedes the City’s regulatory authority. ARTICLE 2—Conditions to Performance 2.1 Conditions To Buyer’s Performance. The Buyer will have the right to terminate this Agreement, and shall not be obligated to complete the purchase of the Property or to perform the Buyer’s other obligations under this Agreement, unless all of the following conditions have been satisfied or waived: a. The Seller’s title to the Property meets the requirements set forth in this Agreement; b. On the Closing Date the Seller executes and delivers to the Closing Agent all of the documents which this Agreement, or the Closing Agent, requires the Seller to execute and deliver; c. All of the warranties and representations of Seller contained in this Agreement shall have been true and correct when made, and shall be true and correct in all material respects on and as of the Closing Date with the same force and effect as though such warranties and representations had been made on and as of the Closing Date; d. Seller shall have maintained the Property until the Closing in its condition as of the date of Buyer’s signature hereunder, ordinary wear and tear excepted; e. Seller delivers possession of the Property to Buyer on the Closing Date; f. All mortgages, judgments, and liens shall be paid or satisfied by the Seller at or prior to closing unless otherwise provided herein; and g. No additional encumbrances, restrictions, easements or other adverse title conditions have been placed against the title to the Property other than those identified in the Preliminary Title Commitment. 2.2 Buyer’s Right To Rescind. The Buyer may rescind this Agreement without any further obligation or liability hereunder before the Due Diligence Deadline or the deadline for a Buyer Objection. In the event of the Buyer’s failure to timely reject any defect or deficiency in writing by such deadline, Buyer will be deemed to have waived such contingency and to have accepted the Property and Personal Property subject to any existing conditions or defects. 2.3 Conditions to Seller’s performance. The Seller will have the right to terminate this Agreement, and shall not be required to convey the Property to the Buyer or to perform the other obligations of the Seller under this Agreement, unless all of the following conditions have been satisfied or waived: 291 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 5 of 20 a. On the Closing Date the Buyer executes and delivers to the Closing Agent all of the documents which this Agreement, or the Closing Agent, requires the Buyer to execute and deliver including the Purchase Price. b. On the Closing Date the Buyer executes and delivers to the Closing Agent all of the documents which this Agreement, or the Closing Agent, requires the Buyer to execute and deliver. c. All of the warranties and representations of Buyer contained in this Agreement shall have been true and correct when made, and shall be true and correct in all material respects on and as of the Closing Date with the same force and effect as though such warranties and representations had been made on and as of the Closing Date. d. In addition, the Buyer recognizes and agrees the sale of the Property shall be contingent upon the Seller’s compliance with Chapter 2, Article 6, Division 5, Bozeman Municipal Code, and the ratification of this Agreement by duly adopted ordinance of the Bozeman City Commission pursuant to the requirements of the Section 2.11 of the Bozeman City Charter. Final ratification of this Agreement shall not be effective until 30 (thirty) days after final adoption of such ordinance. Should the Bozeman City Commission fail to ratify the City Manager’s signature on this Agreement this transaction shall be terminated automatically without any further action of the Seller required and the Earnest Money returned to Buyer. 2.4 Remedies—Liquidated Damages. THE PARTIES ACKNOWLEDGE THAT THEY HAVE DISCUSSED THE TYPE AND MAGNITUDE OF DAMAGES THAT EACH COULD SUFFER IF THIS AGREEMENT TERMINATES BECAUSE OF THE OTHER PARTY'S BREACH OR DEFAULT HEREUNDER. FURTHERMORE, EACH ACKNOWLEDGES THAT IT HAS NEGOTIATED THIS TOPIC IN GOOD FAITH WITH THE OTHER AND HAS CONCLUDED THAT IT IS EXTREMELY DIFFICULT AND IMPRACTICAL TO AFFIX A DOLLAR AMOUNT TO DAMAGES FOR BREACH OR DEFAULT AND THEREFORE HAVE AGREED TO THE FOLLOWING REMEDIES: a. Seller’s Remedies in the Event of Buyer’s Beach of Default. THE PARTIES AGREE THAT SELLER'S SOLE REMEDY, AT LAW OR IN EQUITY, IN THE EVENT OF A DEFAULT OR BREACH BY BUYER, IS FOR SELLER TO KEEP THE EARNEST MONEY DEPOSIT AND ALL INTEREST EARNED THEREON WITHOUT ADDITIONAL INSTRUCTIONS TO ESCROW AGENT. THEREAFTER THIS 292 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 6 of 20 AGREEMENT SHALL TERMINATE AND SELLER SHALL HAVE NO FURTHER RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT EXCEPT FOR THOSE THAT ARE EXPRESSLY STATED TO SURVIVE THE TERMINATION THEREOF. b. Buyer's Remedies in the Event of Seller's Breach or Default. THE PARTIES AGREE THAT BUYER'S SOLE REMEDY, AT LAW OR IN EQUITY, IN THE EVENT OF A DEFAULT OR BREACH BY SELLER UNDER THIS AGREEMENT, IS FOR BUYER TO HAVE RETURNED TO IT THE EARNEST MONEY DEPOSIT AND ALL INTEREST EARNED THEREON AS LIQUIDATED DAMAGES (NOT AS A PENALTY. 2.5 Affordable Housing Covenant/Parking Incentives. Buyer’s performance under this Agreement is conditioned upon the Bozeman City Commission authorizing an ordinance approving an Urban Renewal Project for the Real Property which will make eligible to Buyer an amount up to $1,600,000.00 at the time of redevelopment of the Property (the “Urban Renewal Funds”). Buyer understands and agrees the Urban Renewal Funds are not to be provided by the City at Closing; rather, the Urban Renewal Funds, if approved, will be made available to Buyer pursuant to and conditioned upon the Buyer and City entering into a development agreement no later than approval by the City of a site plan for redevelopment of the Real Property. Failure by the Bozeman City Commission to finally adopt the ordinance shall allow Buyer to rescind this Agreement. Buyer understands and agrees as consideration for the Purchase Price and in consideration for receiving the opportunity to obtain the Urban Renewal Funds at the time of redevelopment of the Real Property, Buyer must record, at Closing, an affordable housing restrictive covenant and agreement that binds the Buyer or the Buyer’s successors in interest to the development of a minimum of 50 (fifty) affordable housing units on the Real Property. The affordable housing units are housing units, regardless of ownership type, that are perpetually affordable to households with income equal to an average of 120% of the area medium income. In addition, Buyer recognizes the covenant will prohibit the use of all affordable units for short term rentals as defined by Bozeman Municipal Code. The covenant must run with the land and apply to not only the first sale from Buyer but also to all future sales of the unit. All sales prices for the units must be based on the most recent affordability data available through the Housing and Urban Development’s Affordability Data System for Bozeman or similar affordability data available at the time of sale or resale. 293 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 7 of 20 Buyer agrees the covenant will be a binding agreement between Buyer (and its successors in interest) and the City, and that the Buyer benefits from such a covenant in consideration for the Purchase Price and the opportunity to obtain the Urban Renewal Funds. In addition to the above mentioned covenant, the Buyer understands and agrees Buyer and Seller must enter into the above mentioned development agreement to make the Urban Renewal Funds available to Buyer. Buyer understands and agrees the development agreement must provide that the Urban Renewal Funds will be available to Buyer only upon occupancy of redevelopment of the Real Property and the fulfillment of obligations contained within the affordable housing covenant and agreement. Furthermore, the Urban Renewal Funds will only be available as reimbursement to Buyer only for expenses directly related to the redevelopment of the Real Property as such eligible expenses are listed in 7- 15-4288, MCA. In addition to the above, the Parties agree the City will make available up to but no more than 12 (twelve) parking spaces at a City-owned and operated parking facility for use by Buyer for redevelopment of the Real Property and only as such off-site parking is authorized by the requirements of the Bozeman Municipal Code in place at the time of submittal of a site plan application for redevelopment of the Real Property. Buyer or its successors will be responsible for all future parking permit fees as established by the City. The above parking spaces will be available only if redevelopment of the Real Property requires the use of these spaces. Buyer agrees it must exhaust all reasonable measures to meet its parking demand on site prior to the City spaces being made available. As such, these spaces are only available as the “last in” spaces; meaning, other reductions from minimum parking requirements of the Bozeman Municipal Code must be considered and used prior to reliance on the parking spaces available under this incentive. Finally, the parking spaces contemplated herein will not be reserved specifically for residents or tenants of redevelopment that occurs on the Real Property and Buyer recognizes there may be times where the parking space is physically not available to its tenants or buyers. Both the Urban Renewal Funds and the parking spaces at a City-operated parking facility will be available to Buyer only at redevelopment as described herein and only for a period of five (5) years after the Closing Date; after this five (5) year period eligibility for the Urban Renewal Funds and the parking spaces expire. To maintain eligibility for the Urban Renewal Funds or parking spaces after five (5) years, Buyer must seek approval from the City Commission for renewal of extension of eligibility. Buyer understands and agrees that while the Urban Renewal Funds and parking spaces are available only for five (5) years, the affordable housing covenant will remain and run with the land in perpetuity regardless of expiration of the eligibility for Urban Renewal Funds or parking spaces. 294 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 8 of 20 As such, Buyer understands and agrees the Seller’s performance under this Agreement related to the Urban Renewal Funds is only the adoption of the ordinance authorizing redevelopment of the Real Property as an urban renewal project and the availability of the Urban Renewal Funds described herein. Buyer understands and agrees the Seller is only required by this Agreement to enter into the development agreement on terms agreed to by the Seller and that any reimbursement made to Seller pursuant to the development agreement must comply with all requirements of the development agreement as negotiated between the Parties. Buyer agrees that if a court of competent jurisdiction overturn the ordinance authorizing the use of Urban Renewal Funds for redevelopment of the Real Property such action in no way invalidates this Agreement or the affordable housing restrictive covenant and agreement. If such ordinance is invalidated, Buyer recognizes the Urban Renewal Funds will not be available for redevelopment of the Real Property. Article 3—Closing 3.1 Escrow. The Earnest Money shall be deposited by the respective Agent with the Escrow Agent within two (2) business days of provisional adoption of Ordinance 2021 according to the Escrow Method. 3.2 Taxes and Assessments. Seller and Buyer shall prorate taxes, as well as pre-paid rents, if any, as of the Closing Date. The prior year’s taxes should be used for proration in the event that the current year taxes are not available, and shall not be adjusted based on any subsequent change in assessed value. All non-perpetual Special Improvement Districts or Association Special Assessments will be paid off at Closing by Seller. 3.3 Closing Date. Buyer recognizes the Property currently serves as the City’s Fire Station 1. Buyer also recognizes the City is currently constructing the Bozeman Public Safety Center (BPSC) with an estimated completion date of July 1, 2022. Buyer enters into this Agreement recognizing the Buyer may not take ownership of the Property until such time as the City completes construction of the BPSC and Fire Station 1 has relocated to the BPSC. As such, Buyer recognizes the Closing Date is subject to change by the City if the BPSC is not completed. Closing Date is estimated to be no more than 15 days after City notifies Buyer it has vacated the Real Property. Buyer agrees the City may unilaterally extend the Closing Date to a date reasonably necessary to allow the City to complete construction of the BPSC and move Fire Station 1 to the BPSC. The City must take all reasonable steps necessary to complete the construction of the BPSC and move Fire Station 1. The Buyer may request updates from the City on the status of the BPSC construction and relocation of Fire Station 1. 295 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 9 of 20 Recognizing the above, the Parties anticipate closing this transaction on the Closing Date. In addition to the City’s authority to extend the Closing Date for issues related to the BPSC and relocation of Fire Station 1, either Party may extend the Closing Date by ten (10) business days, by prior notice, unless such extension would cause adverse tax consequences to other Party (i.e. in the case of an exchange pursuant to 26 USC § 1031) and the other Party has provided notice of such implications by the Due Diligence Deadline. 3.4 Closing Costs. Buyer and Seller shall equally split all costs related to conducting the closing and the fee of the Closing Agent. Seller shall pay the cost for a standard 2021ALTA ® Owner’s Policy for Title Insurance, with any enhancements in such coverage to be paid by Buyer. 3.5 Seller Documents to be Delivered at Closing. On the Closing Date, the Seller shall deliver to Buyer: a. The Warranty Deed with a realty transfer certificate recognizing the Seller reserves unto itself water rights listed herein; b. A title insurance policy in the amount of the Purchase Price of the Real Property to insure the Buyer’s title to the Real Property; 3.6 Buyer Closing Deliveries. On the Closing Date, the Buyer shall deliver to the Escrow Agent the Purchase Price in immediately available funds. 3.7 Purchase Price Adjustment. The Earnest Money and any accrued interest shall be applied to the Purchase Price. Article 4—Representations and Warranties 4.1 Representations and Warranties of Seller. The Seller hereby warrants, represents, and covenants that all of the following warranties and representations are true and correct as of the date of Seller’s signature hereunder. For purposes of this section “knowledge” shall mean the due and reasonable inquiry of Seller. a. Authority of Seller. Seller is the owner of the Property and/or has the full right, power and authority to sell, convey, and transfer the Property to Buyer as provided herein, and to perform Seller’s obligations hereunder. The execution, delivery, and performance of this Agreement and the consummation of the transactions contemplated hereby have been duly and validly authorized by all necessary organizational action on the part of Seller. Notwithstanding the above, the Buyer recognizes and agrees the sale of the Property will be subject to and contingent upon fulfillment of provisions of Sections 2.3 and 2.5. 296 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 10 of 20 b. Compliance. Except as disclosed to Buyer by the Due Diligence Deadline, Seller has no knowledge of any aspect or condition of the Property which violates applicable laws, rules, regulations, codes or covenants, conditions or restriction, or of improvements or alterations made to the Property without a permit where one was required, or of any unfulfilled order or directive of any applicable governmental agency or casualty insurance company requiring any investigation, remediation, repair, maintenance, or improvement to be performed on the Property. c. Possessory Rights. Except as disclosed to Buyer by the Due Diligence Deadline, Seller has no knowledge of anyone having any rights in the Property adverse to the Seller. d. Liens. There are no unsatisfied mechanics’ or materialmens’ lien rights concerning the Property, and none of the personal property to be conveyed to Buyer under this Agreement, are subject to any lien or encumbrance affecting such, except as disclosed in writing to Buyer. e. Actions, Suits, or Proceedings. Seller, and no agent of Seller, has any knowledge of any actions, suits, or proceedings which are pending or threatened before any commission, board, bureau, agency, arbitrator, court, or tribunal that would affect the Property or Seller’s ability to convey the Property to Buyer hereunder. f. Bankruptcy. Seller, nor any equity owner of Seller, is the subject of a bankruptcy, insolvency, conservatorship, or probate proceeding. g. Conflicts. Except as disclosed to Buyer by the Due Diligence Deadline, no other person has any right or option to acquire any portion of the Property and the execution, delivery and performance of this Agreement by Seller and the consummation by it of the transactions contemplated hereby will (i) not violate any provision of its organizational documents or any applicable law, rule, regulation, order or comparable requirement; or (ii) require notice to or the consent, authorization, approval or order of any person, except for notices that have been given and consents that have been obtained. h. Access and disputes. Except as disclosed to Buyer by the Due Diligence Deadline, the Seller has legal and physical access to the Property which is adequate for the current use of the Property, and the Seller, and no agent of Seller, knows of any dispute or disagreement which could threaten access to the Property. Buyer is aware of the tunnel in the basement of the Real Property. 297 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 11 of 20 i. Adverse Change. Except as disclosed to Buyer by the Due Diligence Deadline, the Seller has no information or knowledge of any action by adjacent landowners, or natural or artificial conditions on the Property or adjacent property, which could have a material adverse effect upon the Property or its value. There is no significant adverse fact or condition relating to the Property which has not been specifically disclosed in writing by the Seller to the Buyer. j. Incomplete Inaccurate or Misleading Information. The Seller doesn’t know of any materially incomplete, inaccurate, or misleading information in the documents, lists, and reports furnished to the Buyer under this Agreement. k. Hazardous Substances on the Property. Except as disclosed to Buyer by the Seller Delivery Deadline, that with respect to the period during which the Seller owned or occupied the Property, and to the knowledge of the Seller with respect to the time before the Seller owned or occupied the Property, no hazardous substances have been manufactured, processed, treated, handled, stored, installed, recycled, disposed, or released, intentionally or unintentionally, on the Property, and there have been no activities or events on the Property which could subject the Seller, the Buyer, or any subsequent owner of the Property to damages, penalties, injunctive relief, or cleanup or response costs under any environmental law or common law theory of liability. To the knowledge of Seller, no hazardous substances have been manufactured, processed, treated, handled, stored, installed, recycled, disposed, or released, intentionally or unintentionally, on land which is adjacent to the Property. Except as disclosed by the Seller prior to the Due Diligence Deadline, for the purposes of this paragraph, “Hazardous Substances” shall mean any and all substances, materials, chemicals, or wastes that now or hereafter are classified or considered to be hazardous or toxic under any Environmental Law, or that are or become regulated by any governmental authority because of toxicity, infectiousness, radioactivity, explosiveness, ignitability, corrosiveness, or reactivity under any environmental law applicable to the Property, and shall also include: (a) gasoline, diesel fuel, and any other petroleum hydrocarbons; (b) asbestos and asbestos containing materials, in any form, whether friable or non- friable; (c) polychlorinated biphenyls; (d) radon gas; and (e) flammable liquids and explosives. l. Broker. Except for the Seller’s Broker, no broker, finder, or investment banker is entitled to any brokerage, finder’s, or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by or on behalf of Seller. 298 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 12 of 20 m. Statutory Disclosures. Except for the disclosures provided on Schedule 2, no other disclosures are required by Seller. 4.2 Representation and Warranties of Buyer. The Buyer hereby warrants, represents, and covenants that all of the following warranties and representations are true and correct as of the date of Buyer’s signature hereunder. For purposes of this section “knowledge” shall mean the due and reasonable inquiry of Buyer. a. Authority of Buyer. Buyer has the full right, power and authority to purchase and acquire the Property from Seller as provided herein, and to perform Buyer’s obligations hereunder. The execution, delivery, and performance of this Agreement and the consummation of the transactions contemplated hereby have been duly and validly authorized by all necessary organizational action on the part of Seller. b. Broker. Except for Buyer’s Broker, no broker, finder, or investment banker is entitled to any brokerage, finder’s, or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by or on behalf of Buyer. c. Due Diligence. Except as expressly set forth in this Agreement to the contrary, and recognizing Buyer has had an opportunity to inspect the Property prior to the date of this Agreement, Buyer is purchasing the Property in its existing condition "AS IS, WHERE-IS, AND WITH ALL FAULTS” with respect to all facts, circumstances, conditions and defects, and, Seller has no obligation to determine or correct any such facts, circumstances, conditions or defects or to compensate Buyer for same. Seller has specifically bargained for the assumption by Buyer of all responsibility to investigate the Property, and of all risk of adverse conditions and has structured the Purchase Price and other terms of this Agreement in consideration thereof. Buyer has undertaken all such investigations of the Property as Buyer deems necessary or appropriate under the circumstances as to the status of the Property and based upon same, Buyer is and will be relying strictly and solely upon such inspections and examinations and the advice and counsel of its own consultants, agents, legal counsel and officers. Buyer is and will be fully satisfied that the Purchase Price is fair and adequate consideration for the Property and, by reason of all the foregoing, Buyer assumes the full risk of any loss or damage (subject to Section 5.3 below) occasioned by any fact, circumstance, condition or defect pertaining to the Property. 299 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 13 of 20 d. No Warranty or Other Representation. Except as expressly set forth in this Agreement to the contrary, Seller hereby disclaims all warranties of any kind or nature whatsoever INCLUDING, WITHOUT LIMITATION, WARRANTIES OF HABITABILITY AND FITNESS FOR PARTICULAR PURPOSES, whether expressed or implied including, without limitation warranties with respect to the Property. Except as is expressly set forth in this Agreement to the contrary, Buyer acknowledges that it is not relying upon any representation of any kind or nature made by Seller, or Seller's Agent, or any of their respective direct or indirect officers, directors, employees or agents (collectively, the "Seller Related Parties") with respect to the Property, and that, in fact, except as expressly set forth in this Agreement to the contrary, no such representations were made. To the extent required to be operative, the disclaimers and warranties contained herein are "conspicuous" disclaimers for purposes of any applicable law, rule, regulation or order. Article 5—Additional Provisions 5.1 Assignment. This Agreement may not be assigned by the Buyer without the prior written consent of the Seller. Any other assignment or purported assignment of the Agreement shall be null and void. 5.2 1031 Exchange. In connection with any 1031 exchange or exchanges, the Buyer may assign its respective rights under this Agreement to a qualified intermediary or exchange accommodation titleholder, as required by IRS Regulations. No such assignment will modify or release any of the obligations of either the Buyer or the Seller under this Agreement. Notwithstanding any such assignment or assignments, the Seller will convey the Property directly to the Buyer. The Parties each agree to cooperate in any exchange performed by the other party provided that they incur no additional liability, cost, or expense as a result of the cooperation, but neither Party will be obligated to acquire or convey any other property as part of the other Party’s 1031 exchange. 5.3 Risk of Loss. All loss or damage to the Property shall be retained by Seller until the Closing. 5.4 Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all related exhibits and schedules, constitute the sole and entire agreement of the Parties to this Agreement with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. 300 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 14 of 20 5.5 Amendment and Modification. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto. 5.6 Waiver. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. 5.7 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. 5.8 Governing Law & Forum. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Montana without giving effect to any choice or conflict of law provision or rule (whether of the State of Montana or any other jurisdiction). 5.9 Submission to Jurisdiction. The Parties hereby agree that any suit, action, or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with this Agreement or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be brought in the United States District Court for the District of Montana or district court for the State of Montana, so long as one of such courts shall have subject- matter jurisdiction over such suit, action, or proceeding. Each of the Parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding that is brought in any such court has been brought in an inconvenient form. Service of process, summons, notice or other document by certified mail to the address set forth in Section 5.19 shall be effective service of process for any suit, action, or other proceeding brought in any such court. 5.10 Attorneys’ Fees. In the event that any party institutes any suit, action, or proceeding, against the other Party to enforce the covenants contained in this Agreement (or obtain any other remedy in respect of any breach of this Agreement) or arising out of or relating to 301 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 15 of 20 this Agreement, the prevailing party in the suit, action or other proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys’ fees (to include the fees, and expenses of the Bozeman City Attorney’s Office) and expenses and court costs. This includes, subject tto any limits under applicable law, attorneys’ fees for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. 5.11 Further Assurances. Each of the Parties hereto shall, and shall cause their respective affiliates to, execute and deliver such additional documents, instruments, conveyances, and assurances and take such further actions as may be required to carry out the provisions hereof and give effect to the transactions contemplated hereby. 5.12 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of Electronic Transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement (e.g. DocuSign). 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. 5.13 Time of the Essence. Time shall be of the essence in this Agreement. 5.14 Remedies. Seller’s sole and exclusive remedy is monetary damages against Buyer. Buyer may either require Seller to specifically perform, or recover monetary damages against Seller as provided for in Section 2.4. 5.15 Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. 5.16 Relationship of the Parties. Nothing herein shall be construed to create a joint venture or partnership between the parties hereto or an employer/employee or agency relationship. Neither party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement, or undertaking with any third party. 302 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 16 of 20 5.17 Confidentiality. Until the Closing, Buyer shall treat the information disclosed to it by Seller, or otherwise gained through Buyer's access to the Property and Seller's books and records, as confidential, giving it the same care as Buyer's own confidential information, and make no use of any such disclosed information not independently known to Buyer except in connection with the transactions contemplated hereby; provided, however, that Buyer may, without the consent of Seller, disclose such information: (a) to its partners, members, managers, employees, advisors, consultants, attorneys, accountants, prospective and actual investors, and lenders (the "Transaction Parties"), so long as any such Transaction Parties to whom disclosure is made shall also agree to keep all such information confidential in accordance with the terms hereof and (b) if disclosure is required by law or by regulatory or judicial process, provided that in such event, Buyer shall notify Seller of such required disclosure, shall exercise all commercially reasonable efforts to preserve the confidentiality of the confidential information, including, without limitation, reasonably cooperating with Seller to obtain an appropriate order or other reliable assurance that confidential treatment will be accorded such confidential information by such tribunal and shall disclose only that portion of the confidential information which Buyer is legally required to disclose. Notwithstanding the foregoing, the confidentially provisions of this Section 5.17 shall not apply to any information or document which: (i) is or becomes generally available to the public other than as a result of a disclosure in violation of this Agreement or (ii) subject to compliance with clause (b) in this Section 5.17 above, is required by law or court order to be disclosed. In the event of a termination of this Agreement, Buyer shall promptly return all such confidential information to Seller. 5.18 Notices & Communication. All communication between the Parties regarding this transaction shall be between the Agents and be conducted via email at the address(es) set forth on the first page of this Agreement. Any notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the party at the email addresses set forth on the first page of this Agreement, with cc to their respective Agent (or to such other email address that may be designated by the receiving party from time to time in accordance with this Section) and sent to the party and their respective Agent at the mailing address set forth on the first page of this Agreement. Except as otherwise provided in this Agreement, a Notice is effective only if the party giving the Notice has complied with the requirements of this Section. 5.19 Survival. The provisions of Sections 2.4 and 2.5, Article IV, and this Article V, shall survive the termination of this Agreement and the Closing. #### END OF AGREEMENT EXCEPT FOR SIGNATURES #### 303 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 17 of 20 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date first written above by their respective officers thereunto duly authorized. Seller: By: Jeff Mihelich Title: Bozeman City Manager Date: Buyer: Name: Cory Reistad Title: Developer, the Firehouse Date: Buyer: Name: Allison Bryan Title: Date Authentisign ID: 92E62FCB-BAA0-EC11-A22A-281878DCFF5B 304 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 18 of 20 Schedule 1—Specific Inspections Buyer has permission to perform the following tests: Radon, Mold, Lead, and Asbestos In addition, Buyer may choose to consult with the following professional prior to the Due Diligence Deadline: plumber, HVAC, roofer, structural engineer, civil engineer, geotechnical engineer. 305 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 19 of 20 Schedule 2—Seller’s Form Statutory Disclosures RADON GAS: RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN MONTANA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY OR STATE PUBLIC HEALTH UNIT. MOLD DISCLOSURE: There are many types of mold. Inhabitable properties are not, and cannot be, constructed to exclude mold. Moisture is one of the most significant factors contributing to mold growth. Information about controlling mold growth may be available from your county extension agent or health department. Certain strains of mold may cause damage to property and may adversely affect the health of susceptible persons, including allergic reactions that may include skin, eye, nose, and throat irritation. Certain strains of mold may cause infections, particularly in individuals with suppressed immune systems. Some experts contend that certain strains of mold may cause serious and even life-threatening diseases. However, experts do not agree about the nature and extent of the health problems caused by mold or about the level of mold exposure that may cause health problems. The Centers for Disease Control and Prevention is studying the link between mold and serious health conditions. The seller, landlord, seller's agent, buyer's agent, or property manager cannot and does not represent or warrant the absence of mold. It is the buyer's or tenant's obligation to determine whether a mold problem is present. To do so, the buyer or tenant should hire a qualified inspector and make any contract to purchase, rent, or lease contingent upon the results of that inspection. A seller, landlord, seller's agent, buyer's agent, or property manager who provides this mold disclosure statement, provides for the disclosure of any prior testing and any subsequent mitigation or treatment for mold, and discloses any knowledge of mold is not liable in any action based on the presence of or propensity for mold in a building that is subject to any contract to purchase, rent, or lease. LEAD BASED PAINT. Residential real property on which a residential dwelling was built prior to 1978 may present exposure to lead from lead-based paint that may place young children at risk for developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to occupancy of this Premises. Risk assessments for lead based paint are the responsibility 306 Attachment A to Ordinance 2021 Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 20 of 20 of Buyer or the prospective buyer. Information on protecting your family from lead paint risks can be found at: https://www.epa.gov/sites/production/files/2017- 06/documents/pyf_color_landscape_format_2017_508.pdf The Property is equipped with __ smoke detectors [and Carbon monoxide detectors]. METHAMPHETAMINE CONTAMINATION DISCLOSURE STATEMENT: Pursuant to the provisions of Title 75, Chapter 10, Part 13 of Montana Code Annotated, certain owners of real property which has been contaminated with hazardous chemical residues created by the clandestine manufacture of methamphetamine are required to notify any acquiring party of such contamination and the certification of any remediation or decontamination project. Seller represents that it has no knowledge of any such contamination of the Property, nor has it received any notice of any such contamination of the Property. Seller represents that it has no knowledge of the presence of methamphetamine in any habitable structure, nor has it received any notice that methamphetamine is present in any habitable structure. Megan’s Law Disclosure Statement. Pursuant to the provisions of Title 46, Chapter 23, Part 5 of the Montana Code Annotated, certain individuals are required to register their address with the local law enforcement agencies as part of Montana's Sexual and Violent Offender Registration Act. In order to provide the public with information so they can protect themselves and their children from convicted sexual and violent offenders, the Montana Department of Justice maintains an electronic database entitled the "Montana Sexual or Violent Offender Registry" which can be found at http://www.doj.mt.gov/svor/. Buyer agrees to be solely responsible to conduct any investigation regarding the existence of any individuals residing near the Property that are registered as part of Montana's Sexual and Violent Offender Registration. Noxious Weeds Disclosure Statement. The Buyer of the Property acknowledges Buyer is aware that all property in the State of Montana potentially contains the existence of noxious weeds. Further, the laws of the State of Montana require owners of property within this state to control, and to the extent possible, eradicate noxious weeds. Pursuant to the provisions of Title 7, Chapter 22, Section 2116 of the Montana Code Annotated, it is unlawful for any person to permit any noxious weed to propagate or go to seed on the person's land unless they adhere to a noxious weed management plan as provided for under Montana law. Buyer acknowledges and agrees that before purchasing the Property, Buyer is solely responsible to conduct any investigation of the Property regarding the existence or potential existence of noxious weeds on the Property. The Seller cannot and does not represent or warrant the absence of noxious weeds on the Property. It is the Buyer’s obligation to determine whether noxious weeds are present. To do so, the Buyer may hire a qualified inspector and make this Agreement contingent upon the results of that inspection. #### END OF SCHEDULES #### 307 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Ordinance 2107 Final Adoption of the 2021 W. Lamme Street Zone Map Amendment to Amend 0.978 Acres from R-4 Residential High Density District to B-3 Downtown Business District at 215 W. Lamme, 217 W. Lamme, and 216 N. 3rd Avenue, Application 21356 MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Final adoption of Ordinance 2107 as presented. 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 February 8, 2022 with this application as Action Item H.1. The discussion on this item begins at 18 minutes into the recording of the meeting. The packet materials including staff report and application begin on page 571. After concluding the public hearing and discussing the applicable criteria the City Commission granted preliminary approval for this application on a vote of 3-2. The ordinance was provisionally adopted on March 22, 2022. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission FISCAL EFFECTS:None Attachments: Ordinance 2107.pdf ZMA Map_24X36.pdf Report compiled on: March 2, 2022 308 Ord 2099 Page 1 of 5 ORDINANCE 2107 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO DESIGNATE 0.978 ACRES FROM R-4, RESIDENTIAL HIGH DENSITY DISTRICT TO B-3 DOWNTOWN BUSINESS DISTRICT, AS THE 2021 W LAMME STREET ZONE MAP AMENDMENT, APPLICATION 21356. 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 January 24, 2022 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. 21356, the 2021 W Lamme Street Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on February 8, 2022, to receive and review all written and oral testimony on the request for the zone map amendment; and 309 Ordinance No. 2107, 2021 W Lamme Street Zone Map Amendments Page 2 of 5 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 approval of the requested B-3 district. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 310 Ordinance No. 2107, 2021 W Lamme Street Zone Map Amendments Page 3 of 5 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. 21356 the 2021 W Lamme Street Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby established as B-3, Downtown Business District: The property is described as: A parcel of land, being Lots 6-10 and Lots 13 and 15 in Block C of Tracy's Third Addition to Bozeman as shown on Plat C-18H, and portions of West Beall Street, North 3rd Avenue and West Lamme Street, said parcel located in the Northwest Quarter of Section 7, Township 2 South, Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana and being further described as follows: Commencing at the northwest corner of Lot 10 in Block C of Tracy's Third Addition to Bozeman; thence North 89°05'53” West, on the westerly extension of the north line of said Lot 10, 26.00 feet to the Point of Beginning; thence North 01°03'07" East, on the centerline of North 3rd Avenue, a distance of 87.19 feet; thence South 88°41'46" East on the centerline of West Beall Street, a distance of 165.82 feet; thence South 01°00'24" West on the east line of Lot 6 and the northerly and southerly extensions of said line, a distance of 256.13 feet; thence North 89°05'14" West, on the centerline of West Lamme Street, a distance of 166.02 feet; thence North 01°03'07" East on the centerline of North 3rd Avenue, a distance of 170.07 feet to the Point of Beginning. The described parcel has an area of 0.978 acres, more or less. All as depicted on the 2021 W Lamme Street Zone Map Amendment map. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of 311 Ordinance No. 2107, 2021 W Lamme Street Zone Map Amendments 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. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ___________ 2022. 312 Ordinance No. 2107, 2021 W Lamme Street Zone Map Amendments Page 5 of 5 ____________________________________ 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 313 N01°03'07"E 170.07'N89°05'14"W 166.02'S01°00'24"W 256.13' N01°03'07"E 87.19'S88°41'46"E 165.82'REVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:21066ZMA4REV DATE 2021 W. LAMME ZONE MAP AMENDMENT BOZEMAN, MONTANA B21-0662/16/22.DWG24x36CJB, SCA406.586.0277 • tdhengineering.com Engineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 ZONING B-3 (PREVIOUSLY ZONED R-4)A parcel of land, being Lots 6-10 and Lots 13 and 15 in Block C of Tracy's Third Addition to Bozeman as shown on Plat C-18H, and portions of West Beall Street, North3rd Avenue and West Lamme Street, said parcel located in the Northwest Quarter of Section 7, Township 2 South, Range 6 East, Principal Meridian Montana, City ofBozeman, Gallatin County, Montana and being further described as follows:Commencing at the northwest corner of Lot 10 in Block C of Tracy's Third Addition to Bozeman; thence North 89°05'53” West, on the westerly extension of the northline of said Lot 10, 26.00 feet to the Point of Beginning; thence North 01°03'07" East, on the centerline of North 3rd Avenue, a distance of 87.19 feet; thence South88°41'46" East on the centerline of West Beall Street, a distance of 165.82 feet; thence South 01°00'24" West on the east line of Lot 6 and the northerly andsoutherly extensions of said line, a distance of 256.13 feet; thence North 89°05'14" West, on the centerline of West Lamme Street, a distance of 166.02 feet; thenceNorth 01°03'07" East on the centerline of North 3rd Avenue, a distance of 170.07 feet to the Point of Beginning.The described parcel has an area of 0.978 acres, more or less. The described parcel is as shown on the accompanying exhibit and is along with and subject to anyexisting easements.A TRACT OF LAND BEING LOTS 6-10 & LOTS 13 & 15 IN BLOCK C OF TRACY'S THIRD ADDITION TO BOZEMAN ASSHOWN ON PLAT C-18H, & PORTIONS OF WEST BEALL STREET, NORTH 3RD AVENUE AND WEST LAMME STREET,LOCATED IN THE NW 1/4 OF SECTION 7, T2S, R6E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANAAREA: 0.978 ACRES(COMPUTED AREA IN SQUARE FEET = 42,591)314 Memorandum REPORT TO:City Commission FROM:Cynthia L. Andrus, Mayor SUBJECT:Equal Pay Day MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Administration RECOMMENDATION:Proclaim Equal Pay Day STRATEGIC PLAN:7.1 Values-Driven Culture: Promote a values-driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the communityâ€™s trust. BACKGROUND:On June 8, 2015 the City Commission adopted Resolution 4601 in which it committed to commemorate Equal Pay Day each year. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: March 30, 2021 315 Memorandum REPORT TO:City Commission FROM:Cassandra Tozer, Human Resources Director SUBJECT:Equal Pay Day Report MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Special Presentation STRATEGIC PLAN:7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained, qualified and motivated team capable of delivering superior performance. Be accountable and expect accountability from others. Make demonstrated use of good judgement a part of the evaluation process for promotions. BACKGROUND:Presentation in accordance with Resolution 4601, adopted in 2015. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Attachments: Equal Pay Day and City Progress Report 2022.pdf Special Presentation - Equal Pay Report.pdf Report compiled on: March 16, 2022 316 MEMORANDUM To: Jeff Mihelich, City Manager From: Cassandra Tozer, Human Resources Director Date: March 29, 2022 Re: City of Bozeman Equal Pay Progress Report On June 8, 2015, the City of Bozeman (“City”) passed Resolution 4601, Equal Pay for Equal Work, which committed that the City would work to collect data, identify best practices, evaluate employment practices against the “Thrive Index”, and commemorate Equal Pay Day annually. This Resolution is referenced in the 2020 Final Report for the Equal Pay for Equal Work Montana Task Force as a resource for other local governments interested in advancing pay equity in their organization. This year’s progress report includes: A. City Employee Earnings, by Gender and Education B. City Full Time Employees, by Gender & Department C. City Full Time Employees, Top 25% Earnings details D. City Full Time Employees, Bottom 25% Earnings details E. Past Year Policies and Practices to Impact Gender Pay Equity F. Historic applicant and employee data tracked for specific positions G. City of Bozeman Thrive Index assessment. Since the adoption of Resolution 4601, the City’s Human Resources Department has thoroughly analyzed and documented pay for existing employees. Pay discrepancies within job classes are explained by data in the City’s Human Resources Information System (HRIS), and often point to time in position and level of education and experience at the time of hire. A. City Employee Earnings, by Gender and Education We again analyzed employee data to provide earnings information by gender and level of education. The results show the City fares significantly better than state averages that compare gender and level of education. 317 According to the 2016 American Community Survey Five-Year Estimates, women possessing a Bachelor’s degree earned 67.9% of what men possessing a Bachelor’s degree earn and women with graduate degrees earned 75.4% of what men with graduate degrees earned (shown above). City data this year shows that women with Bachelor’s degrees earn 76% of what men with Bachelor’s degrees earn and that women with graduate degrees earn 86% of what men with graduate degrees earn (shown below). Since 2020, the “gap” between the earnings of male and female employees has lessened for those holding a Bachelor’s degree or higher, but has slightly increased for lower education levels. Source: City of Bozeman, Human Resources Department, 12/31/2020 & 12/31/2021 0% 74% 71% 74% 77% 0% 71% 61% 76% 86% 0%10%20%30%40%50%60%70%80%90% Less than high school graduate High school graduate Some college or associate's degree Bachelor's degree Graduate or professional degree City of Bozeman Median Earning for Women as a Percent of Men's by Education Attainment 2021 2020 318 B. City Full Time Employees, by Gender and Department In 2021, the City employed 391 full-time employees, as measured on December 31, 2021. The chart below shows the distribution of employees by gender across all City departments. The distribution of employees by gender is comparable to 2020, with some minor fluctuations in numbers of both men and women in various departments. 2021 Departments - Employees by Gender Female Male Total City Manager 5 3 8 Community Development 13 18 31 Economic Development 0 6 6 Finance 8 3 11 Fire 3 44 47 HR 4 1 5 IT 0 9 9 Legal 10 3 13 Library 15 3 18 Municipal Court 7 1 8 Parks & Rec 10 24 34 Police 9 62 71 Public Works 13 103 116 Strategic Services 6 8 14 Total 103 288 391 319 C. City Full Time Employees, Top 25% Earnings Details The information below shows the characteristics of the City’s top 25% of full time employee wage earners. At 13.3% of the top 25% of headcount, women are now a significantly larger percentage of the top 25% of earners in 2021 as compared to 2020. 13.3%10.6% 86.7%89.4% 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% 100.0% 2021 2020 Top 25% Earners by Gender Female Male Graduate, 23.5% Bachelors, 41.8% Associates, 15.3% Some College, 13.3% High School Diploma/GED, 6.1% Less Than High School, 0.0% 2021 Top 25% of Earners by Education Level 320 D. City Full Time Employees, Bottom 25% Earnings Details The information below shows the characteristics of the City’s bottom 25% of full time employee wage earners as of December 31, 2021. 0.0%2.0% 52.0% 23.5%22.4% 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% Teamster MFPE Non-Rep Police Fire 2021 Top 25% Earners by Union Representation 40.8%43.6% 59.2%56.4% 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 2021 2020 Bottom 25% Earners by Gender Female Male 321 E. Past Year Policies and Practices to Impact Gender Pay Equity The City is committed to continually improving processes and policies in order to accomplish goals related to diversity and pay equity. Over the past year, the City has implemented the following initiatives, all of which support pay equity and an inclusive workplace: Graduate 9% Bachelors 51% Associates 11% Some College 5% High School Diploma/GED 24% Bottom 25% of Earners by Education Level 40.8% 51.0% 7.1% 1.0%0.0%0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% Teamster MFPE Non-Rep Police Fire Bottom 25% Earners by Union Representation 322 Paid Parental Leave The City recognizes the importance of bonding with and caring for a new child and supporting the financial well-being of parents during this time. In the past, City employees have had to rely on their own leave accruals and/or sick leave donations in order to receive compensation during maternity/paternity leave, limiting the ability for new parents to take adequate time off work to be with a new child. Effective January 1, 2022, the City implemented a Paid Parental Leave policy, providing up to eight weeks of paid leave to eligible employees for the birth or adoption of a new child. Eligible employees are those who have been employed by the City for a minimum for six months, and the policy allows both parents to utilize the paid leave. This policy provides a benefit to employees beyond what state and federal laws provide for and significantly reduces the financial burden on new parents. The City has already seen a positive impact on recruitment and retention efforts as a result of paid parental leave, particularly among female employees and applicants. Health Insurance Employer Contribution Adjustments In 2021, the City conducted detailed analysis of contributions to health insurance premiums. As a result of the analysis, the City increased the employer contribution to premiums, thus providing more affordable health insurance to employees. The most significant impact of this change is that employees needing family coverage now have access to a health plan that is 100% paid for by the City. Removal of Prior Wage Information from Applications In recent months, the City has eliminated the requirement for job applicants to disclose their wage history on employment applications. The City has a robust and equitable pay-setting process in place, a process that does not take into account prior wage history. However, pay history can still reflect an inequity a candidate may have experienced in the past. By removing the requirement for candidates to provide this information, the City has greatly reduced the potential for bias or discrimination based on prior wage. The City continues to administer pay and benefits utilizing best practices. While collective bargaining rules apply for represented positions, pay for positions across the entire organization is based on market data. Annual pay increases are based on established steps within pay ranges and are applied equally. In efforts to provide transparency, pay rates are publically available for all positions, and there is no prohibition or punishment for discussing pay with anyone, including co- workers, supervisors, and Human Resources. 323 F. Historic Applicant and Employee Data Tracked for Specific Positions 1. Female Applicants for Police Officer Positions: The number of female applicants for police officer positions has significantly increased from the prior year, and is significantly higher than in previous years. • 2021 – 56 • 2020 – 14 • 2019 – 14 • 2018 – 29 • 2017 – 33 • 2016 – 30 • 2015 – 15 2. Female Police Officers on Staff: The number of female police officers on staff has increased from the prior year (shown as a percentage of current officers on staff). • 2021 – 5 (8.1%) • 2020 – 4 (6.9%) • 2019 – 5 (8.3%) • 2018 – 3 (6.9%) • 2017 – 6 (9.2%) • 2016 – 5 (7.7%) • 2015 – 3 (4.6%) • 2014 – 2 (3%) 3. Female Applicants for Firefighter Positions: We started tracking this data in 2019 and did not have a recruitment in 2020. • 2021 – 3 • 2020 – N/A • 2019 – 5 4. Female Firefighters on Staff: Our first two female firefighters were hired in 2019 and we have retained them (shown as a percentage of current officers on staff). 324 • 2021 – 2 (4.4%) • 2020 – 2 (4.2%) • 2019 – 2 (4.1%) 5. Female Teamster Employees on Staff: The number of female employees in the Teamster union (Public Works/Parks/Facilities) has decreased since last year. • 2021 – 7 (6.7%) • 2020 – 8 (7.9%) • 2019 – 7 (6.9%) • 2018 – 6 (5.9%) • 2017 – 6 (6.1%) • 2016 – 7 (7.3%) • 2015 – 5 (5.2%) G. City of Bozeman Thrive Index Assessment The City continues to review and uphold the objectives set forth in the THRIVE Index, as hiring and employment practices are designed to be fair and equitable to all applicants and employees. Comments in the table below have been updated to reflect the City’s progress in 2021. CITY OF BOZEMAN AND THE THRIVE INDEX Adequate wages and benefits City of Bozeman Comment Are part-time workers paid the same (per hour, including benefits) as full-time workers performing the same or similar tasks? Y Are most part-time workers guaranteed a minimum number of hours per week? If not, are there ways they could be? Y Some departments guarantee a range of hours vs. a set schedule - i.e. at least 12, but not more than 18. Departments are offering various hours and schedules in efforts to accommodate employee needs and availability. Are workers who remain on the job for a specified period of time eligible for a pay increase? Y In addition to providing increases to full time staff, City is currently 325 exploring an initiative to provide pay increases for returning short-term and seasonal workers. Are workers who remain on the job for a specified period of time eligible for paid sick leave for themselves or to care for a family member? Y When job-skill demands or responsibilities increase, are wages adjusted upward? Sometimes The City works to ensure employees are working within their class specification. Reclassifications and/or promotions are the avenue for pay increases, and department heads request those during the annual budget process. Are workers paid for their entire scheduled shift, even if business is slow? Sometimes Non-exempt employees are paid for the hours they work. Shifts are not typically cut short, but if there is an urgent need to close a facility, employees would not be paid for the closure. This rarely happens. Are hourly wages higher for nonstandard shifts, such as nights or weekends? Sometimes Depending on the Collective Bargaining Agreement, there may be shift premiums. Opportunities for Upward Mobility Do low-wage workers have opportunities for on-the-job or cross-task training or outside educational opportunities that can lead to upward mobility? Y Can schedules accommodate workers’ pursuit of educational opportunities? Sometimes The City makes every effort to accommodate employees’ requests for time off and/or modified schedules. However, based on the need to efficiently and safely operate City business, not every request can be granted every time. 326 When skill demands or job responsibilities increase, is training provided for newly assigned tasks? Y Can workers cross-train in different areas to increase their flexibility and value to the company (recognizing that outsourcing of some functional areas or other factors may prohibit this)? Y Are there opportunities for upward mobility within the company that do not require geographic relocation? Y Support for personal and family needs Can worker breaks be scheduled to accommodate the need for phone calls at pre-specified times for working caregivers? Y Are occasional calls for urgent matters allowable? Can children or caregivers call an employee at work when necessary? Y Are workers who remain on the job for a specified period of time eligible during their regular work hours to care for their health or a family member’s without losing pay (e.g., able to leave for an hour or two for a trip to the doctor)? Y Can personal time be taken in small increments of an hour or two (for doctor’s appointments, parent-teacher conferences, educational opportunities, etc.)? Y Do you offer paid or unpaid maternity or paternity leave for workers? Is the length of this leave negotiable? Y Up to eight weeks of paid parental leave is provided to both parents. Additional paid time is offered through employee accruals, our Sick Leave Bank, and our Direct Donation policies, and can be used for the entire absence (at 100% pay). Work scheduling, predictability, and flexibility Is there a systematic way for workers to communicate their preferences for hours and schedules? If not, could some such system be implemented? Y Does the shift/hours scheduling system take account of workers’ constraints and preferences? Y Are work schedules announced more than a day or two in advance? Can workers trade shifts with colleagues when time conflicts develop (allow “shift-swapping”)? Y If workers are asked to stay beyond the end of scheduled shifts to finish assignments or for administrative procedures, are they given advance notice of when this may be required? Y 327 Does the measured workload take into account the quality or difficulty of tasks along with simpler measures of the number of customers, clients, or patients? Y Autonomy, respect, and trust Are workers protected from “no-fault” absence or tardiness policies (ones that lead to disciplinary actions or dismissal, even for excused absences)? Y Are workers allowed or encouraged to contribute ideas to better organize or improve their work teams or work areas? Y Can workers occasionally make personal phone calls? Y 328 Tuesday, April 5, 2022 Special Presentation: Equal Pay Update 329 Special Presentation: Equal Pay Update 2021 Results State of Montana •As of 2018 (most current data), women earned 73.2% of the median earnings of their male coworkers. City of Bozeman •For the year ending 2021, women employed by the City of Bozeman earned between 76% and 86%, depending on education, of the median earnings of their male coworkers. 330 Special Presentation: Equal Pay Update 2021 Gender Diversity Women 26.3% Men 73.7% City Employees -by Gender, 12/31/2021 331 Special Presentation: Equal Pay Update 332 Special Presentation: Equal Pay Update 333 Special Presentation: Equal Pay Update Top 25% Earners 334 Special Presentation: Equal Pay Update Top 25% Earners 335 Special Presentation: Equal Pay Update Bottom 25% Earners 336 Special Presentation: Equal Pay Update Bottom 25% Earners 337 Special Presentation: Equal Pay Update Thrive Index Made up of workplace policies determined to have the greatest impact on the well-being and productivity of low-wage women workers. Sections: Adequate wages and benefits Opportunities for learning and upward mobility Support for personal and family needs Work scheduling, predictability, and flexibility Autonomy, respect, and trust 338 Special Presentation: Equal Pay Update 2021 Efforts Related to Equal Pay •Paid Parental Leave Policy: Providing up to eight weeks of paid leave for both parents to care for/bond with a new child. •Health Insurance Employer Contribution Adjustments: Providing more affordable health care options, particularly for those needing family coverage. •Removal of Prior Wage Information from Applications: Greatly reduced potential for bias or discrimination based on prior wage. 339 Special Presentation: Equal Pay Update 2022 –Looking Forward Inclusive City Charter Projects •Continued organization-wide DEI training •Employee engagement survey •Employee performance appraisal system •Continued implementation of policies and practices in accordance with the Thrive Index 340 Tuesday, April 5, 2022 Special Presentation: Equal Pay Update Thank You 341 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Director of Community Development SUBJECT:The West University Properties Annexation and Initial Zoning Application 21409 Requesting Annexation of 97.26 Acres and Amendment to the City Zoning Map for the Establishment of a Zoning Designation of B-2M (Community Business-Mixed District) on 50.4 Acres and REMU (Residential Emphasis Mixed-Use District) on 48.13 Acres MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21409 and move to approve the West University Properties Annexation. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21409 and move to approve the West University Properties Zone Map Amendment. 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 and property owners seek to annex 97.26 acres including adjacent rights-of-way into the City limits and establish an initial zoning of B- 2M and REMU (Residential Emphasis Mixed-Use District); 50.4 and 48.13 acres respectfully. The property is currently zoned “Agriculture Suburban” (AS) within the County administered Gallatin County Bozeman Area Zoning District (the Donut). The property is bounded by Stucky Road to the south, South 19th Avenue to the east, MSU property to the west, severing a direct connection to the future extension of Kagy Boulevard to the future extension of South 27th Avenue. Other developed properties bound the northeast edge of the 342 property. The property is vacant of structures. Considerable development is occurring in the vicinity including the Gran Cielo subdivision, Nexus Point residential development, the Graf Street development, the Bennett Annexation property, and the Kagy Crossroads apartment complex to the east to name a few. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Community Commercial Mixed Use” which includes the B-2M and REMU districts as an implementing zoning district. To the south and across Stucky Road are unannexed properties including Grace Bible Church, Genesis Business Park, and the Bennett annexation properties (currently undergoing annexation review). To the west and north of the property is a strip of MSU property purchased from the Aaker family in 1987 to create buffer from City expansion towards agricultural lands and gaining influence over development of South 27th Avenue. Nearby municipal zoning to the east including R-4 and B-2 zoning. Kagy Boulevard is a designated Principal Arterial and Stucky Road is classified as a Collector street according to the Greater Bozeman Area Transportation Plan, 2017 Update. The proposed annexation requires right-of-way to accommodate expansion of Stucky Road to meet community transportation needs and the extension of Kagy Boulevard. UNRESOLVED ISSUES:There are no unresolved issues at this time. ALTERNATIVES:1. Approve the application and associated resolution and ordinance; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 21409 West Uni Annx-ZMA CC SR.pdf Report compiled on: March 23, 2022 343 Page 1 of 44 21409 Staff Report for the West University Annexation and Zone Map Amendment Public Hearing: Community Development Board (acting in their capacity as the Zoning Commission) meeting is on March 7, 2022 City Commission meeting is on March 22, 2022; continued to April 2, 2022 Project Description: Annexation and initial zoning application 21409 requesting annexation of 97.26 acres and amendment to the City Zoning Map for the establishment of a zoning designation of B-2M (Community Business-Mixed District) on 50.4 acres and REMU (Residential Emphasis Mixed-Use District) on 48.13 acres. Project Location: On the northwest corner of South 19th Avenue and Stucky Road, legally described as Tract of Land Described as Lot 2A of Minor Subdivision No. 191B, Excepting out Lot 1A of Minor Subdivision 503A, located in Southeast One Quarter of Section 14, Township Two South (T2S), Range Five East (R5E) of P.M.M., Gallatin County, Montana. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21409 and move to recommend approval of the West University Properties Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21409 and move to approve the West University Properties Annexation. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21409 and move to approve the West University Properties Zone Map Amendment. Report Date: March 8, 2022 Staff Contact: Tom Rogers, Senior Planner Lance Lehigh, City Engineer Agenda Item Type: Action - Legislative 344 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 2 of 44 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Community Development Board acting in their capacity as the Zoning Commission, as well as the annexation and the zoning amendment for the City Commission. The application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=256966&cr=1 Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owners seek to annex 97.26 acres including adjacent rights-of-way into the City limits and establish an initial zoning of B-2M and REMU (Residential Emphasis Mixed-Use District); 50.4 and 48.13 acres respectfully. The property is currently zoned “Agriculture Suburban” (AS) within the County administered Gallatin County Bozeman Area Zoning District (the Donut). The property is bounded by Stucky Road to the south, South 19th Avenue to the east, MSU property to the west, severing a direct connection to the future extension of Kagy Boulevard to the future extension of South 27th Avenue. Other developed properties bound the northeast edge of the property. The property is vacant of structures. Considerable development is occurring in the vicinity including the Gran Cielo subdivision, Nexus Point residential development, the Graf Street development, the Bennett Annexation property, and the Kagy Crossroads apartment complex to the east to name a few. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Community Commercial Mixed Use” which includes the B-2M and REMU districts as an implementing zoning district. To the south and across Stucky Road are unannexed properties including Grace Bible Church, Genesis Business Park, and the Bennett annexation properties (currently undergoing annexation review). To the west and north of the property is a strip of MSU property purchased from the Aaker family in 1987 to create buffer from City expansion towards agricultural lands and gaining influence over development of South 27th Avenue. Nearby municipal zoning to the east including R-4 and B-2 zoning. Kagy Boulevard is a designated Principal Arterial and Stucky Road is classified as a Collector street according to the Greater Bozeman Area Transportation Plan, 2017 Update. The proposed 345 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 3 of 44 annexation requires right-of-way to accommodate expansion of Stucky Road to meet community transportation needs and the extension of Kagy Boulevard. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. Application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=256966&cr=1 Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on March 7, 2022. After consideration of the application materials, Staff report, and public comment the Board voted unanimously to recommend approval of the Zone Map Amendment to establish a mix of REMU and B-2M zoning as requested by the applicant. No public comment was heard on the application. A video recording of the meeting can be viewed at the following link. https://bozeman.granicus.com/player/clip/252?view_id=1&redirect=true City Commission Alternatives 1. Approve the application and associated resolution and ordinance; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 346 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 4 of 44 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Community Development Board (Zoning Commission) Summary ................................... 3 City Commission Alternatives ............................................................................................ 3 SECTION 1 - MAP SERIES: ................................................................................................... 5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .......................................... 10 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 16 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 17 Annexation ........................................................................................................................ 17 Zone Map Amendment ..................................................................................................... 17 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 17 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 25 Spot Zoning Criteria ......................................................................................................... 38 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 39 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 39 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 40 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 44 FISCAL EFFECTS ................................................................................................................. 44 ATTACHMENTS ................................................................................................................... 44 347 Page 5 of 44 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map 348 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 6 of 44 Map 2: BCP 2020 Future Land Use Map 349 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 7 of 44 Map 3: Existing City Zoning 350 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 8 of 44 Map 4: MSU Framework Plan: Districts Map 351 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 9 of 44 Map 5: MSU Transportation Master Plan 352 Page 10 of 44 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. Naming Term. The documents and exhibits to formally annex the subject property must be identified as the West University Annexation. 2. Map Format Term. An Annexation Map, titled West University Annexation Map with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers Office. This map must be acceptable to the Director of Public Works and City Engineers Office, and must be submitted with the signed Annexation Agreement. 3. Timing Term. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 4. Impact Fee Notice Term. The land owners and their successors must pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 5. SID Waiver Term Header. If they do not already exist the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. Street improvements to West Lincoln Street between South 19th Avenue and Fowler including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to West Kagy Blvd between South 19th Avenue and South Fowler Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to West Stucky Road between South 19th Avenue and South Fowler Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to West Graf Street between South 19th Avenue and South Fowler Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. 353 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 11 of 44 e. Street improvements to South 19th Road between West Lincoln Street and West Graf Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. f. Street improvements to South 27th Street between West Lincoln Street and West Graf Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. g. Street improvements to South Fowler between West Lincoln Street and West Graf Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements at West Lincoln Street and South 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. i. Intersection improvements at West Lincoln Street and South 27th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. j. Intersection improvements at West Lincoln Street and South Fowler Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. k. Intersection improvements at West Kagy Blvd and South 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. l. Intersection improvements at West Kagy Blvd and South 27th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. m. Intersection improvements at West Kagy Blvd and South Fowler Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. n. Intersection improvements at Stucky Road and South 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. o. Intersection improvements at Stucky Road and South 27th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. p. Intersection improvements at Stucky Road and South Fowler Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. q. Intersection improvements at West Graf Street and South 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 354 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 12 of 44 r. Intersection improvements at West Graf Street and South 27th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. s. Intersection improvements at West Graf Street and South Fowler Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. t. SID waiver 3 - Alternate Financing Term. 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 the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver in conjunction with the Annexation Agreement. u. SID waiver template term. The applicant may obtain a copy of the template SID waiver from the City Engineering Department. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver filed with the County Clerk and Recorder prior to annexation. 6. Notice Term Header. The Annexation Agreement must include the following notices: a. Notice Term "a" Storm Water Master Plan. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. Notice Term "b" Extent of Service. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. Notice Term "c" Water Rights. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. Notice Term "d" Verification of Municipal Service. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner 355 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 13 of 44 to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. e. Notice Term "e" Municipal Service Installation. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. f. Notice Term "f" Utility Easements. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. g. Notice Term "assessments. The agreement must include notice that charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. h. Notice Term "h" Impact Fees. The Annexation Agreement must include notice that the City will assess system development and impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. i. Notice Term "I" Impact Fees. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 7. Municipal Connection Term. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 8. CIL of Water Term. The applicant must contact the City’s Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to the adoption of Resolution of Annexation, if applicable. 9. West Kagy Blvd is classified as a Principal Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of (120) feet. The applicant must provide their respective Fowler Lane ROW section from the centerline of the existing ROW or the entire section (if the street section resides within the proposed annexation area) as a public street and utility easement where Fowler is adjacent prior to the adoption of Resolution of Annexation. 10. West Stucky Road is classified as a Collector in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of (90) feet. The applicant must provide their respective Fowler Lane ROW section from the centerline of the 356 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 14 of 44 existing ROW or the entire section (if the street section resides within the proposed annexation area) as a public street and utility easement where Fowler is adjacent prior to the adoption of Resolution of Annexation. ENGINEERING ADVISORY COMMENTS: Stormwater 1. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal High Groundwater - The subject project is located in an area that is known to have seasonally high groundwater. The applicant must confirm seasonal high groundwater elevations, and seasonal high groundwater data must be measured and submitted with any future development application on the parcel. Due to the seasonal nature of SHGWL measurements, the applicant is advised to begin groundwater measurements in the winter and continue measuring through July. Measurements must be at sufficient intervals to define the SHGWL across the site. Industry guidance recommends a three-foot minimum separation from the bottom of a stormwater facility to the underlying groundwater table. The applicant is advised that future development may be subject to limitations or restrictions based on seasonal high groundwater elevations. Payback District 1. The subject property is located within the Meadow Creek Subdivision payback district boundary for sewer and signal improvements. The applicant is advised that the payback must be paid at the time of future subdivision or site plan development approval. Water 1. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer systems – In conjunction with streets construction - The City’s Water Facility Plan identified the need for a water transmission main (CIP Reference FP_1371: 16-inch water main New Growth and Development) directly adjacent to the subject property in Stucky Road to service future development. Water infrastructure improvements will be reviewed with future development applications. The identified water capital planning improvements must be designed in coordination with any future Stucky Road improvements adjacent to the subject property. The applicant is advised that the capital Improvements identified within the facility plans must be located within City ROW, a public street and utility easement, or a water and sewer easement. 2. DSSP Section (V) (A) Main Size - The applicant is advised that the subject property is located in the City’s main pressure zone (Sourdough Zone). Water pressures around the subject property vary from 67 to 86 psi. Upon future development, the water distribution system must be designed to meet the requirements outlined in the City of Bozeman Design Standards and Specifications Policy. Additionally, all water system improvements must also be designed and installed in accordance with the Montana Department of Environmental Quality Circular 1; Montana Public Works Standards and Specifications 357 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 15 of 44 (MPWSS); City of Bozeman Modifications to MPWSS; and the City’s most recent Water Facility Plan. Wastewater 1. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer systems - The subject property is located within two identified wastewater drainage basin’s (Farmers Canal and Cattail Creek). The applicant is advised that the City does not allow wastewater basin jumps, as such to preserve the allotted capacity as identified within the City’s adopted wastewater facility plan. Upon future development, the applicant is advised that future sanitary sewer flows must flow by gravity into the collection system as defined in the City Wastewater Facility Plan, and that use of private lift stations will not be permitted. The applicant is advised that the City’s wastewater facility plan requires a new 8-inch sewer main extension between Stucky Road and West Lincoln Street to serve development that resides within the Cattail Creek Drainage Basin, as identified in the City’s wastewater facility plan (Capital Improvement Plan (CIP) Reference 9424: 8-inch Main Extension Cattail Creek Basin. The identified wastewater capital planning improvements must be designed in coordination with any future subdivision improvements. Sanitary sewer infrastructure improvements will be reviewed with future development applications. The applicant is advised to work with the City’s engineering department on the alignment and layout prior to future subdivision or site plan applications. The applicant is advised that the capital Improvements identified within the facility plans must be located within City ROW, a public street and utility easement, or a water and sewer easement. 2. DSSP Section (V) (B) Sanitary Sewer System Design Criteria – Upon future development, the applicant must provide an estimate of the peak-hour sanitary sewer demands, certified by a professional engineer, for the proposed project. The City will analyze and determine if sewer capacity is available to accommodate the project. The applicant is advised that sewer capacity is allocated on a first come first serve basis and is not entitled until preliminary plat or site plan approval. Transportation 1. BMC 38.400.010 Streets (A) (1) – Upon future development, Stucky Road must be fully constructed adjacent to the subject property to the City’s Collector Standard as defined in the City’s Transportation Master Plan. Any required right-of-way (ROW) or public street and utility easement acquisition from offsite property owners is the applicant’s responsibility. 2. BMC 38.400.010 Streets (A) (1) – Upon future development, Kagy Blvd must be fully constructed adjacent to the subject property to the City’s Principal Arterial Standard as defined in the City’s Transportation Master Plan. Any required right-of-way (ROW) or public street and utility easement acquisition from offsite property owners is the applicant’s responsibility. 358 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 16 of 44 3. BMC 38.400.010 Streets (A) (1) – Upon future development, South 19th Ave must be fully constructed adjacent to the subject property to the City’s Principal Arterial Standard as defined in the City’s Transportation Master Plan. Any required right-of-way (ROW) or public street and utility easement acquisition from offsite property owners is the applicant’s responsibility. 4. BMC 38.400.010 Streets (A) (8) – Upon future development, to facilitate traffic movement, the provision of emergency services and the placement of utility easements, all developments must be provided with a second means of access. 5. BMC 38.410.040 Blocks – Upon future development, the applicant must construct an appropriate local street grid through the property that meets block length requirements. SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “West University Annexation Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City Commission action to annex the property or the preliminary approval shall be null and void. 2. That the Ordinance for the Zone Map Amendment shall not be finalized until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation agreement is not approved, the Zone Map Amendment application shall be null and void. 3. That the applicant must submit a Zone Amendment map, titled “West University Annexation Zone Map Amendment Zone Map Amendment”. The map must be supplied as a PDF. This map must be acceptable to the City Engineer’s Office, and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent right-of-ways or street easements, and total acreage of the property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. 359 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 17 of 44 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) did not find any deficiencies that prohibit annexation at this time. The City Commission will hold a public meeting on the annexation on March 22, 2022. The meeting will begin at 6 p.m. The meeting will be conducted in person or through WebEx. Instructions on joining the meeting will be included on the meeting agenda. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff found the requested zoning meets standards for approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 21409. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on this ZMA on March 7, 2022 and forwarded a recommendation to approve the Zone Map amendment to the Commission. The City Commission will hold a public hearing on the zone map amendment on March 22, 2022. The hearing was continued to April 5, 2022. The meeting will begin at 6 p.m. The meeting will be conducted in person or through WebEx. Instructions on joining the meeting will be included on the meeting agenda. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion Met. The property in question is contiguous to the City limits on the north, west, and east sides. 360 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 18 of 44 Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Neutral. The subject property is not surrounded in its entirety but is bordered by the city with over 70 percent of its boundary adjacent to existing City limits. Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Criterion Met. No city services are currently contracted on the property. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Criterion Met. The subject property lies within the planned service area of the municipal water and sewer services. Future proposed developments will be required to utilize municipal water or sewer systems. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion Met. As shown in Section 1, the subject property is planned as ‘Community Commercial Mixed Use and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Criterion Met. The proposed annexation will fill in a significant portion of a designated mixed- use at the terminus of Kagy Boulevard and at the corner of a two primary transportation corridors of South 19th Avenue and Stucky Road, designated Principal Arterial and Collector streets respectfully. Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Criterion Met. The subject property will capture the right of way for the extension of West Kagy Boulevard west to MSU property to the west and Stucky Road on the southern edge of the property. Kagy Boulevard is a designated Principal Arterial Stucky Road is a Collector according to the Bozeman Area Transportation Plan, 2017 update. The University of Montana Long range Campus Development Plan (LRCDP) lists West Kagy Boulevard is a critical connection for western expansion for the University. Furthermore, the MSU Long range Transportation Master Plan shows an extension of Kagy Boulevard within their planning area extending to the future extension of Ferguson Avenue. 361 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 19 of 44 MSU LRCDP: Districts & Neighborhoods Map MSU Transportation Plan; Vehicular Recommendations 362 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 20 of 44 Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion Met. The subject property is approximately 97.26 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. After annexation, the subject property will be bound to the provisions of 38.410.130 which require evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Terms of Annexation 8. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. An existing 21 inch sewer main is installed in Stucky Road, an 18 inch is located in Wet Lincoln Street, and additional 8 inch main is in the Remington Apartments development directly to the east. Additional water and sewer lines needed to service development on site will addressed with subsequent review process. Any future development will be required to connect to the City systems. Per Term of Annexation 6, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation 363 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 21 of 44 of special or improvement districts necessary to provide the essential services for future development of the City. Criterion Met. As discussed in Section 5 Goal 7, additional right of way is being included for both South 27th Avenue to the west and Stucky Roads to the north. The Recommended Terms of Annexation include requirements for these right of way provisions. See Terms of Annexation 9 and 10. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion Met. The subject property is planned for Community Commercial Mixed Use. No change to the growth policy is required. The application includes a request for initial zoning of B-2M and REMU. See the zone map amendment section of this report for analysis of the zone map amendment criteria. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Criterion Met. The property is designated “Urban Neighborhood” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The Community Development Board acting in their capacity as the City Zoning Commission will be reviewing the requested zoning district designation on March 7, 2022. The Zoning Commission’s recommendation will be passed along to the City Commission for review and consideration along with the annexation request on March 22, 2022. Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of B-2M, Community Business District-Mixed district and REMU, Residential Emphasis Mixed Use district. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. 364 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 22 of 44 Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion Met. The subject property is accessed by an extension of Kagy Boulevard, Remington Way, and South 19th to the east, and Stucky Road on the south. Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Commission. Term of annexation 8 requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development. Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. Numerous sewer mains are installed in adjacent ROW as noted in goal 10 above. Any future development will be required to connect to the City systems. The property is located adjacent to existing urban development that is currently served by Bozeman Fire. Per Term of Annexation 6 and 7, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary 365 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 23 of 44 sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. Criterion Met. No services are currently being provided on the subject property. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Criterion Met. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Mapping requirements are addressed in Recommended Term of Annexation 2. The map must include adjacent right of way and therefore cannot be described solely by reference to platted lands. Policy 12: The City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Neutral. The annexation does not require immediate payment of fees. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in ordinance. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle twice, and posted on the site as set forth under this policy. See Appendix A for more details. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Criterion Met. Suggested terms of annexation include a notice that the agreement, once prepared and provided to the applicant, must be signed and retuned within the stated time period. This policy will be implemented only if the Commission acts to grant approval. If the application is denied then no annexation agreement will be necessary. 366 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 24 of 44 Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion Met. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Neutral. No road improvement district is associated with this application. Future transportation network improvements will be required upon development. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion Met. The necessary agencies were notified and provided copies of the annexation. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. Term of annexation 6 and 7 requires full compliance with this policy. The existing residential structures utilized the emergency connection option in conjunction with this application to provide sewer service. No additional service are currently being contracted. If approved, the all septic systems and water use for human consumption will be severed and abandoned and connection to the City water and sewer system will be completed. Finally, all future development will be required to connect to city services. 367 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 25 of 44 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. The applicant is proposing two different zoning districts on the property; B-2M and REMU. Both districts implement the Future Land Use designation of the Bozeman Community Plan 2020. The map below is a clipped portion from the applicant submittal showing the zoning configuration. 368 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 26 of 44 Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Community Commercial Mixed Use. The Community Commercial Mixed Use designation description reads: “The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. 369 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 27 of 44 Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table, both REMU and B-2M districts are implementing district of the Community Commercial Mixed-Use category. 370 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 28 of 44 The applicant is requesting a mix of B-2M and REMU for the property, which is classified as a commercial and mixed-use zoning designation pursuant to section 38.300.110, BMC. The placement of the districts supports the tenant of the BCP2020 by modulating intensities of use by the context of the area. In this case, the more intense zoning district, B-2M is being located near existing major transportation corridors of South 19th and Stucky Road and at the extension of Kagy Boulevards. Further west the REMU district is proposed which will be supportive of the greater residential use typically found in REMU development and this area is adjacent to MSU research property. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by a variety of objectives as detailed in Appendix B in this report. In other words it is a very permissive zoning district. Tables 38.310.040.A, B, & C list permitted uses in the REMU district. All types of residential structures are allowed from accessory dwelling units through apartment buildings, nearly all type of commercial uses such as retail, medical, offices, restaurants, and convenience uses are permitted. Industrial uses are limited although light manufacturing is permitted on a smaller scale. This zoning district correlates with the principles applied in the Bozeman Community Plan 2020. Ten principles are listed under Basic Planning Precepts of the Plan. First, the precept that urban design should integrate in residential and commercial land use activities, multimodal transportation, and open spaces is supported by the REMU district implementation strategies #5. Secondly, precept that a variety in housing and employment opportunities are essential is supported by the REMU district objectives #1 and 4. Third, diverse uses of land should occur relatively close to one another. This precept is supported by implementation strategy #2, 3, 4 371 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 29 of 44 and intent and purpose statement. Finally, the City intends to create a healthy, safe, resilient, and sustainable community by incorporating a holistic approach to the design, construction, and operation of buildings, neighborhoods, and the City as a whole. Developments should contribute to these goals and be integrated into their neighborhood and the larger community. This goals is implemented by the zoning districts strategy #3, 4, 5, and 6. Additional harmonious synergies are apparent but overall, the REMU district furthers the City’s effort to develop in an urban form to support existing educational systems, economies, and neighborhoods. The B-2M district desires to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. In other words, the proposed location of this district supports its intent. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development. It is inconsistent with this approach to zone at annexation for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City 372 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 30 of 44 Commission declines the annexation then the requested B-2M and REMU zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. The proposed zoning is consistent with the future land use map and is within the current facilities plans. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and minimize disruption to the public. DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. 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-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric scooters, powered wheelchairs, etc.).” N-1.11 Enable a gradual and predictable increase in density in developed areas over time. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. Gallatin County has been notified of the proposed annexation. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property in question is contiguous to the City limits on the west, south, and southeast with over 4,500 lineal feet adjacent to existing City limits. It adds approximately 34 acres to the City limits that is available for urban development while creating a more consistent city border. 373 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 31 of 44 RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. Therefore, based on the aforementioned analysis, the proposed REMU and B-2m zoning districts are promotive of the BCP 2020. B. Secure safety from fire and other dangers. Criterion Met. There are no current buildings, however future development will be served by the Bozeman Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. The proposed zoning designation will promote general welfare by implementing the future land use map in the BCP 2020. Public health and safety will be positively affected by requiring the two existing homes and new development to connect to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. As noted in Criterion B, further development and redevelopment must be in accordance with modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and full connection to the greater transportation network for users ensuring the promotion of public health, safety and general welfare. The annexation and development of this site will facilitate expansion of the non-motorized travel network with placement of a multi-use trail along water course. Presence of the trail will facilitate non-motorized travel and recreational activities supportive of personal health. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning 374 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 32 of 44 districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” See also comments under Criterion C. E. Reasonable provision of adequate light and air. Criterion Met. The B-2M and REMU zoning designations have requirements for setbacks, height, and lot coverage which provide for the reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. The site has wetlands running through the northern portion of the property. The City requires protection of wetlands. This requirement applies to all zoning districts. This will support additional light and air beyond what would otherwise be applicable on the site. F. The effect on motorized and non-motorized transportation systems. Criterion Met. The proposed zoning will allow for a higher density of uses than is currently allowed under Gallatin County zoning. As a result, under the proposed zoning, when a development is proposed, they will be responsible for their frontage improvements which will include improvements along Stucky Road, extension of Remington, and the extension of Kagy Boulevard in addition to internal streets required to serve the development. In addition, the City’s proposed trails plan includes a future trail along the watercourse. Additional offsite improvements to mitigate safety concerns to connect to the greater 375 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 33 of 44 transportation system such as Stucky Road, multi-modal crossing facilities for South 19th Avenue, assuming a nexus, future development will be required to provide these improvements which will enhance the city’s motorized and non-motorized transportation systems. Due to the size and configuration of the property the Walk Score varies depending on where you request the date. On the north east side the score is 21 although marginally bikeable with a bike score of 55. On the south side the score dips to 6 and the west edge cause the Walk Score system to produce an error and gives a no walk score whatsoever. Average walk score for the city as a whole is 49 (up from 48) out of 100. According to Walk Score® the walks score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. 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. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. G. Promotion of compatible urban growth. Criterion Met. The intent and purpose of the B-2M and the REMU is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. The desire to encourage the area to develop as allowed by both the REMU and the B-2M zoning was established for many years through the adoption of the 2009 Community Plan and designating this area as Community Commercial Mixed Use. Use of this mixed-use zone is appropriate for areas adjacent to a variety of land uses and can stand alone to develop its own neighborhood character, as described in residential intent and purpose statement. Surrounding zoning includes medium to high density residential, County lands, and future commercial. 376 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 34 of 44 Creating a more dense residential development with commercial services adjacent to primary transportation corridoes, educational facilities, and close proximity to other districts in the city create compatible urban growth. In addition, the proposed zoning is in accordance with the Bozeman Community Plan’s future land use designation of Community Commercial Mixed Use. H. Character of the district. Criterion met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). The City’s future land use map designates the properties as Community Commercial Mixed- Use. These designations correlate with several zoning districts including the B-2M district proposed by the applicants. The districts were developed by the City to promote appropriate urban growth compatible with the areas of the City as identified on the future land use map. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicants, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing agricultural character of the subject property. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and 377 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 35 of 44 integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in REMU to be compatible with adjacent development and uphold the residential character of the area. As noticed in the growth policy under discussion of this criterion a local street is considered an adequate separation between different uses and districts to minimize impacts, see page 77 of the Bozeman Community Plan 2020. The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed B-2M district to be compatible with adjacent development’s mixed-use characteristics and uphold the evolving character of the area. As underdeveloped site, describing the character of the site is problematic. However, as noted in this report, we rely on the intent of the area as described in BCP2020 and the proposed zoning districts. The intent of the B-2M district is aligned with the intent of the future land designation by the description that accommodates substantial growth and enhances the character of the city, 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. In addition, adopted design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. The proposed REMU zoning promotes the character of the district as the intent of the Residential Emphasis Mixed-use District is to: “…establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood.” Described in Appendix B below the district employs nine aspirational statements to encourage developers to design and construct developments that meet the intent and purpose of the district. 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: 378 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 36 of 44 a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; 379 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 37 of 44 b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design: Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types With such a broad intent and purpose statement is difficult to find the B-2M or the REMU district would not be promotive of a districts character. However, other residential zoning districts allow the same residential structure types and densities as the REMU district. The REMU district allows great latitude for large scale commercial use as described in Table 38.310.040.A and B. Retail uses are limited as proportion of the master planned site, there is no restrictions to convenience uses, offices, general service use, short term rentals, although hotels are limited to 40,000 square feet. I. Peculiar suitability for particular uses. Criterion Met. The property is located adjacent to residential and commercial uses which the B-2M and REMU envisions. The site is well located in relation to utilities and transportation. Proximity of housing to significant services and employment is encouraged in the growth policy. The proposed zoning designations are suitable for the property’s location and adjacent uses. J. Conserving the value of buildings. Neutral. Although there are no structures on the subject property future development will influence properties nearby. Considerable new development has and is planned to occur nearby with the exception of the Genesis Business Park to the south. Development of the site will likely increase building values in the area, including the County inholding, by adding additional demand for goods and services, connecting and completing the transportation network, and through the minimum standards of the B-2M and REMU districts. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed REMU and B-2M zoning designations will encourage the most appropriate use of land as the property is adjacent to both residential and commercial uses. There is access to the city’s services, including streets, thus is able to support a higher intensity of uses as allowed within the REMU and B-2M zoning districts. Furthermore, the proposed REMU zoning designation is consistent with the BCP 2020 future land use map designation of “Community Commercial Mixed Use”. 380 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 38 of 44 Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. Based on the review of the following criteria, Staff concludes that this application is not Spot Zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? No. While the proposed use is not an exact match in type or intensity of the adjacent land uses, it is not significantly different from the uses. To the south is an existing business park commercial area that includes a variety of uses that are permitted by the proposed zoning districts in this application. Directly adjacent to this property are other properties zoned B-2M, REMU, and high density residential areas. To the north and west are State of Montana properties part of the land grant system of Montana State University. As illustrated in the maps in Section 1 of this report MSU shows the areas adjacent to the subject property earmarked for additional educational services and residential development in the future. Considerable amount of adjacent land are zoned B-2M and REMU with more REMU area being reviewed by the City directly to the south of the subject property. Although there are areas with different zoning the proposed intensity falls within the range of adjacent properties land uses of suburban office, medium to high density residential, and designated commercial areas with primary transportation corridors bounding the property. As discussed in Criterion A above, the B-2M and REMU zoning is consistent with the adopted growth policy. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Yes. The application is submitted by one landowner in conjunction with the proposed annexation of the property. While the City supports and encourages multiparty annexation applications, they are not required, thus single owner petition annexation requests are the most frequently seen. The amendment is consistent with and supports the City’s adopted growth policy, thus is assumed to be a benefit to the greater community even though the number of immediate landowners are small. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. While the applicant will directly benefit from the proposed zone map amendment, the amendment is not at the expense of surrounding landowners or the general public. As discussed previously, no substantial negative impacts are identified due to this amendment. 381 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 39 of 44 The application is consistent both with the City’s and the County’s growth policy. The growth policy’s consistency demonstrates benefit to the general public and greater community. As mentioned previously, any future development will require the applicant to provide the needed infrastructure to support new development. Concurrency and adequacy of infrastructure should mitigate potential negative effects on others. As discussed in Criterion H, the application is similar and consistent with the existing and developing character of the area. Therefore, the amendment does not benefit the landowner at the expense of others. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Avenue, PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on February 20, 2022 and February 27, 2022. The notice was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. 382 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 40 of 44 As of the writing of this report on March 9, 2022, no written comments have been received on this application. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: “Community Commercial Mixed Use.” The growth policy states that, “activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings…High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile… Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development.” The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of B-2M correlates with the Growth Policy’s future land use designation of “Community Commercial Mixed Use”. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2M (Community Business District-Mixed) and REMU (Residential Emphasis Mixed Use). 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 design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit”. 383 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 41 of 44 The intent of the REMU, Residential Emphasis Mixed Use District, whose intent is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by: 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: i. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; j. Support compact, walkable developments that promote balanced transportation options; k. Have residential as the majority use with a range of densities; l. Provide for a diverse array of commercial and civic uses supporting residential; m. Have residential and commercial uses mixed vertically and/or horizontally; n. Locate commercial uses within walking distance; o. Incorporate a wider range of housing types; and p. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: f. Support or add to an existing neighborhood context; g. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; h. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; i. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and j. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: c. Preserve and integrate the natural amenities into the development; and d. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; 384 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 42 of 44 h. Where appropriate create a center within an existing neighborhood; i. Facilitate proven, market driven projects to ensure both long and short-term financial viability; j. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; k. Foster the master plan development into a mix of feasible, market driven uses; l. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and m. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: e. Support existing infrastructure that is within and adjacent to REMU zones; f. Encourage thoughtfully developed master planned communities; g. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; h. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design: Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of REMU correlates with the Growth Policy’s future land use designation of “Residential Mixed-Use”. 385 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 43 of 44 386 Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 44 of 44 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: Steve Aaker, 15658 Deer Mountain Circle, Broomfield, CO 80023 Applicant: West University, LLC, 113 East Oak Street, Suite 4A, Bozeman, MT 59715 Representative: Intrinsik Architecture, 106 East Babcock Street, Suite 1A, Bozeman, MT 59715 Report By: Tom Rogers, Senior Planner, Community Development Department FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=256966&cr=1 387 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Interim Director Community Development SUBJECT:The Lumberyard Zone Map Amendment to the City Zoning Map to Rezone Approximately 12 Acres From B-2 (Community Business District) to B-2M (Community Business District-Mixed) Including Adjacent Street Right of Way, Site is Located North of Patrick Street and West of N. 11th Avenue, Application 21458 MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21458 and move to approve the Lumberyard Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The application was submitted on November 23, 2021. The site is vacant and has been partially subdivided. The adjacent property on three sides is presently vacant. A variety of commercial development is to the south including several retail businesses and offices. All surrounding property is zoned as B-2, Community Business. A public street will separate property with different zoning. See the staff report for further information. Application materials are available through the Laserfiche archive. The Community Development Board, acting in their capacity as the Zoning Commission, conducted their public hearing on March 7, 2022 and recommend approval. For more information see the attached staff report. UNRESOLVED ISSUES:None ALTERNATIVES:See attached staff report FISCAL EFFECTS:None 388 Attachments: 21458 Lumberyard ZMA Staff Report CC.pdf Report compiled on: March 9, 2022 389 Page 1 of 19 21458 Staff Report for the Lumberyard Zone Map Amendment Public Hearing: Zoning Commission meeting is on March 7, 2022 City Commission meeting is on March 22, 2022 Project Description: Amendment of the City Zoning Map to rezone approximately 12 acres from B-2 (Community Business District) to B-2M (Community Business District - Mixed) including adjacent street right of way. Project Location: northwest of the intersection of N. 11th Avenue and Patrick Street and legally described as Lot 3A of the amended plat of Lot 3, Block 3 and Lot 6A of PT Land Phase 2 Subdivision, Plat J-498 The area to be zoned includes portions of the adjacent streets. Recommendation: Meets standards for approval with contingencies. Zoning Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21458 and move to recommend approval of the Lumberyard Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21458 and move to approve the Lumberyard Zone Map Amendment, with contingencies required to complete the application processing. Report: March 9, 2022 Staff Contacts: Chris Saunders, Community Development Manager Lance Lehigh – Engineer III Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. Application materials are available through the City’s Community Development web viewer. 390 21458 Staff Report for the Lumberyard Zone Map Amendment Page 2 of 19 Unresolved Issues None identified at this time. Project Summary The site is vacant and has been partially subdivided. The adjacent property on three sides is presently vacant. A variety of commercial development is to the south including several retail businesses and offices. All surrounding property is zoned as B-2, Community Business. A public street will separate property with different zoning. Zoning Commission The Community Development Board in their capacity as Zoning Commission conducted their public hearing. No members of the public spoke regarding the application. On a unanimous vote the application was recommended for approval. The meeting video is available on the City’s website. The Lumberyard ZMA discussion begins at 2:37:30 in the video. Alternatives 1. Approval of the application; 2. Denial of the application based on alternative findings of non-compliance with the criteria contained within the staff report; or 3. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. Public Comment No written public comment has been received at this time. Received written public comment will be available through the Laserfiche archive. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Zoning Commission ............................................................................................................ 2 Alternatives ......................................................................................................................... 2 Public Comment.................................................................................................................. 2 391 21458 Staff Report for the Lumberyard Zone Map Amendment Page 3 of 19 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ..... 7 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7 Zone Map Amendment ....................................................................................................... 7 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 8 Spot Zoning Criteria ......................................................................................................... 15 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 16 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 16 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 17 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 19 FISCAL EFFECTS ................................................................................................................. 19 ATTACHMENTS ................................................................................................................... 19 392 21458 Staff Report for the Lumberyard Zone Map Amendment Page 4 of 19 SECTION 1 - MAP SERIES Map 1: Project Vicinity Map 393 21458 Staff Report for the Lumberyard Zone Map Amendment Page 5 of 19 Map 2: Project Vicinity Map – with designations from Bozeman Community Plan 2020 Future Land Use Map 394 21458 Staff Report for the Lumberyard Zone Map Amendment Page 6 of 19 Map 3: Project Vicinity Map with Existing Zoning designations 395 21458 Staff Report for the Lumberyard Zone Map Amendment Page 7 of 19 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Lumberyard Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City Commission action to approve the amendment or the preliminary approval shall be null and void. 2. That the applicant must submit a Zone Amendment map, titled “Lumberyard Zone Map Amendment.” The map must be supplied as a PDF. This map must be acceptable to the City Engineer’s Office, and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including to the centerline of adjacent right-of-ways or street easements, and total acreage of the property to be rezoned. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board acting in their capacity as Zoning Commission held a public hearing on this ZMA on March 7, 2022 and unanimously forwards a favorable recommendation to the Commission on the Zone Map amendment. The City Commission will hold a public hearing on the zone map amendment on March 22, 2022. The instructions for meeting location and attendance will be included on the agenda available at the City’s website, www.bozeman.net. The meeting will begin at 6 p.m. 396 21458 Staff Report for the Lumberyard Zone Map Amendment Page 8 of 19 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory board and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form XX.XXX.XXX are to the Bozeman Municipal Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The application was initially submitted on November 23, 2021. On November 17, 2020, the City Commission adopted a new growth policy, the Bozeman Community Plan 2020, (BCP 2020) which replaced the prior growth policy. The following review examines the growth policy now in place and all references are to that document. The BCP 2020, Chapter 5, p. 73-78, in the section titled Review Criteria For Zoning Amendments And Their Application, discusses how the state required zoning criteria in 76- 2-304 MCA are applied locally. These criteria are presented and analyzed in this section of the report. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is to be accordance with a growth policy. Additional details about the growth policy are available in Appendix B. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future 397 21458 Staff Report for the Lumberyard Zone Map Amendment Page 9 of 19 land use map. The introduction to Chapter 3 discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” As shown in Section 1, on the excerpt of the future land use map, the property is designated as Regional Commercial and Services. The Regional Commercial and Services designation description reads: “Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. 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. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation.” The entire future land use map is available through the Community Development Viewer on the City’s website. The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. The full table is provided in Appendix C. Based on the proposed B-2M zoning districts’ proper correlation with the future land use map category of Regional Commercial and Services as an implementing district, the zone map amendment is in accordance with the future land use map. For further discussion of the application of the growth policy to the zoning amendment criteria see the discussion under individual criteria below. On p. 72 in discussion of justifications for adopting a zone map amendment four example reasons are provided. These include: d. An owner requests the change and the request meets required standards. For this application justification d is applicable as the owner has requested the change. This report evaluates the amendment criteria and finds that they have been met. Therefore, the application is in accordance with this section of the BCP 2020. 398 21458 Staff Report for the Lumberyard Zone Map Amendment Page 10 of 19 Goals and Policies This section evaluates compliance with the goals and policies contained within the Bozeman Community Plan 2020. The zone map amendment is found to both be in accord with the Bozeman Community Plan 2020 and implement the plan. Staff has found no conflict between the proposed zone map amendments and the Bozeman Community Plan 2020 and have found accordance between the amendment and the plan. The existing and requested zoning districts allow the same uses as shown in Table 38.310.040. There are combinations of features of the different zones which make the B-2M more appealing to the landowner than B-2. There is little overall difference between the districts at the larger scale of the growth policy. Staff has reviewed the BCP 2020 and finds no negative impact on the goals and policies from the change in zoning. Both districts support infill development, mixed uses, development in proximity to services, and similar infrastructure; all of which are policies in the BCP 2020. Staff did not find a material benefit to the overall growth policy compliance from the change in zoning. The change is districts is essentially neutral and either district complies with the future land use map designation of Regional Commercial and Services. Therefore, staff concludes that the application is in accordance with the growth policy as a whole. B. Secure safety from fire and other dangers. Criterion met. The subject property is currently served by City of Bozeman Fire and Police Departments. Water mains are in Patrick Street and other adjacent right of way to provide water for fire fighting. The site is presently vacant. Emergency services have ready vehicle access to the site. Future development of the property will be required to conform to all City of Bozeman public safety, building, zoning, and other land use requirements, which will ensure this criterion is met. C. Promote public health, public safety, and general welfare. Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, architectural design, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Criterion A, shows advancement of the well-being of the community as a whole. See also Criteria B and D. 399 21458 Staff Report for the Lumberyard Zone Map Amendment Page 11 of 19 D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Criteria B, C, & D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site. For example, at the time of annexation, the final intensity of development is unknown and it may be many years before development occurs and the impacts are experienced. The availability of other planning and development review tools must be considered when deciding the degree of assurance needed to apply an initial zoning at annexation.” The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. For example, the sewer and park facility plans are now in the process of being updated. The City updates 2-3 plans each year to keep current with community needs. The adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new development. See page 19 of the BCP 2020 for a listing. The City implements these plans through its capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction for infrastructure. Private development must demonstrate compliance with standards prior to construction. Dedication of school facilities is not required by municipal zoning standards. The application site is located within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development/redevelopment is proposed. Adequacy of all these public requirements is evaluated during the subdivision and site development process. All zoning districts in Bozeman enable a wide range of uses and intensities. At the time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other 400 21458 Staff Report for the Lumberyard Zone Map Amendment Page 12 of 19 applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” As noted, the placement of a zoning district does not commit the City to infrastructure funding. However, the City uses its annual CIP to schedule and fund construction of public infrastructure. The CIP is updated each fall and addresses all types of local infrastructure. The City may choose to fund some or all of infrastructure construction when deemed adequately beneficial to the public. The City can also support construction of infrastructure through other tools such as special improvement districts or development reimbursement agreements (sometimes called paybacks or latecomer agreements). The specific needs for public requirements will be assessed during development review when the details of development are known to ensure adequacy of public requirements. At this time, the facility plans and Infrastructure Viewer show services to the site. E. Reasonable provision of adequate light and air. Criterion met. This criterion is not about individual preferences for a given degree of visual openness but about preservation of public health. The B-2M district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and onsite open space requirements, maximum building height, and other requirements. The site is also located with existing or future public streets on four sides which provide physical separation from adjacent development and provide for access to light and air. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks or an equivalent and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion neutral. The site is bounded by N. 11th Avenue and Patrick Street. Extensions of N. 15th Avenue and Tschache Lane will occur with future development. Easements for those two streets are in place. Patrick Street and Tschache Lane are local streets, and N 15th and N. 11th are collector streets. The existing street grid serves the larger area and connect to Oak Street which is a principal arterial, and to Baxter Lane, a collector street. The requested change in zoning from B-2 to B-2M will not immediately impact the motorized and non- motorized transportation systems as the change does not authorize any actual construction. 401 21458 Staff Report for the Lumberyard Zone Map Amendment Page 13 of 19 The specific future land uses for the site are not yet known but are the same in the existing and proposed district. The lower maximum height in B-2 may lessen total demand for transportation depending on what is ultimately constructed. In any case, development of the property is required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks, and improvements to the transportation network. The site is well located for easy pedestrian access to the 19th corridor and Midtown and the businesses and services located there. G. Promotion of compatible urban growth. Criterion met. The Bozeman Community Plan 2020 establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51) The City’s future land use map designates the properties as Regional Commercial and Services. This designation is implemented by several zoning districts including the B-2M district proposed by the applicant. The zoning districts were developed by the City to promote appropriate urban growth compatible with the areas of the City as identified on the future land use map. Based on the land use map designation and correlated zoning districts in the plan and proposed by the applicant, the zone map amendment would promote compatible urban growth. Any future development must comply with the building, site design, and other standards adopted to avoid or mitigate impacts of development. This supports compatible urban growth. Also see the discussion in (H) below. H. Character of the district. Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of the B-2M municipal zoning district to the subject property will not modify the allowed uses on the subject property. The City has defined compatible development as: 402 21458 Staff Report for the Lumberyard Zone Map Amendment Page 14 of 19 “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed B-2M district to be compatible with adjacent development and the overall character of the surrounding area. The site and most of the adjacent area are undeveloped. As the amendment will establish a district with a lower building height but the same uses no impact is found to this criterion. I. Peculiar suitability for particular uses. Neutral. Detailed future uses for construction on the site are not available at this time. However, the uses authorized in the B-2 and B-2M zoning districts can be seen in 38.310.040 allowing a ready comparison. Both districts allow the same uses. Therefore, no difference is expected relevant to this criterion. J. Conserving the value of buildings. Criterion met. There are no buildings presently on the site. The values of surrounding buildings are unlikely to be impacted to a measurable degree as the site is developed according to the proposed B-2M district over time. Uses are the same in both the B-2 and B- 2M districts. The maximum building heights in B-2M are lower than in B-2. The public streets provide a physical separation between the proposed B-2M and adjacent property. The growth policy in discussing Criterion H, Character of the District, states: “At a minimum, zoning boundaries should follow property boundaries. The greater the physical separation, the less likely there may be a conflict. For example, a local street, typically 60 feet wide, when combined with the standards for site development, is generally considered an adequate separation—even for substantially different districts.” Considering the factors identified above, staff finds this criterion to be met. K. Encourage the most appropriate use of land throughout the jurisdictional area. Neutral. As stated above, the Bozeman Community Plan 2020 illustrates the most appropriate use of the land through the future land use map. This application complies with the BCP 2020 by proposing a zone map amendment of a district that continues to implement the future land use map designations. The Unified Development Code contains standards, protections and 403 21458 Staff Report for the Lumberyard Zone Map Amendment Page 15 of 19 review processes to ensure the land is developed in ways that are appropriate to a site’s context and according to the BCP 2020. The uses allowed in the existing B-2 and proposed B-2M districts are the same so the amendment does not change the use of the property. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. Based on the review of the following criteria, Staff concludes that this application is not Spot Zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? Criterion not met. This criterion includes the modifier ‘significantly.’ It is not prohibited to have uses that are different. To satisfy this criterion, the reviewer must demonstrate a ‘significant difference.’ As an example, in the Plains Grains LP case the change was from Agricultural to Heavy Industrial; and in the Little case the zoning was commercial which zoning was in conflict with the planned residential uses shown in the growth policy and existing in the surrounding area. The existing zoning of the site and the adjacent properties is B-2. The uses authorized in the B-2 and B-2M zoning districts can be seen in 38.310.040 allowing a ready comparison. Both districts allow the same uses. There are some minor differences in the review processes for similar uses in both districts. Differences between districts are primarily in non-use attributes. Therefore there is no significantly different use from those in the area. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Criterion met. The application is submitted by one landowner. Division 38.260 Part 2 describes the process to request a zone map amendment and its review. Section 38.260.100 explicitly authorizes an individual landowner to initiate a zone map amendment. The BCP 2020 also discusses the initiation of zone map amendments. On page 72, the needed justification for a zone map change is discussed. It states that landowner preference, when coupled with compliance with the criteria established in statute, is sufficient to justify an amendment. 404 21458 Staff Report for the Lumberyard Zone Map Amendment Page 16 of 19 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? Criterion not met. While only one landowner owns the property subject to the zone change, there is no reason to believe the amendment would come at the expense of surrounding landowners or the general public. Allowed uses are the same as the existing and adjacent B-2 zoning. Infrastructure to support the uses is also very similar. To the contrary, the BCP 2020 is an expression of the public’s desires for different types and scales of urban development throughout the City. The proposed zoning aligns with Table 4 of the BCP 2020, and therefore would be to the benefit of the general public. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposed zoning amendments referred to in this notice until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged (including the application number, 21458); and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771- 1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice of the application and public hearings was published in the Bozeman Daily Chronicle on February 13 and February 27, 2022. Notice was sent via first class mail to adjacent 405 21458 Staff Report for the Lumberyard Zone Map Amendment Page 17 of 19 landowners on February 11, 2022 and posted on the property on February 11, 2022. No written or oral comments have been received as of the writing of this report. Received written public comment will be made available through the Laserfiche archive. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designations: The property’s growth policy designations on the Future Land Use Map of the Bozeman Community Plan 2020 (Growth Policy) is Regional Commercial and Services. Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. 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. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation. Proposed Zoning Designation and Land Uses: The applicant has requested a zone map amendment to B-2M (Community Business District-Mixed). The following are the stated intent and purpose of this district: The intent of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. The following figure from the BCP 2020, with a red box indicating the applicability of this proposed ZMA, illustrates how the proposed B-2M district correlates with the Regional Commercial and Services designation of the Future Land Use Map: 406 21458 Staff Report for the Lumberyard Zone Map Amendment Page 18 of 19 407 21458 Staff Report for the Lumberyard Zone Map Amendment Page 19 of 19 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: Virga Venture I, LLC, PO Box 1070 Bozeman MT 59771 Applicant/Representative: SMA Architecture + Design, Bozeman MT 59715 Report By: Chris Saunders, Community Development Manager FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials are available through the City’s Community Development web viewer. 408 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Interim Director Community Development SUBJECT:Adoption of Resolution 5355 and Provisional Adoption of Ordinance 2096 the Riverside Annexation and Zone Map Amendment Annexing Approximately 57.9 Acres and Establishing Initial Zoning of R-1, Residential Low Density, R-2, Residential Moderate Density, and R-4 Residential High Density, Located North of the E. Gallatin River and on Either Side of Spring Hill Road, Application 21426 MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Recommended Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21426 and move to adopt Resolution 5355 the Riverside Annexation, subject to satisfaction of all terms including those listed in Section 2 of Resolution 5355, and authorize the City Manager to execute all documents and easements necessary to complete the annexation process. Recommended Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21426 and move to provisionally adopt Ordinance 2096 the Riverside Annexation Zone Map Amendment. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:Annexation and initial zoning of all of Riverside Manor Subdivision, Riverside Greens Subdivision and Tract 1, Tract 2, and Tract 3 of Certificate of Survey No. 3030 and associated right of way located in portions of Sections 23, 25, and 26, Township 1 S, Range 5 E, Principle Meridian, Gallatin County, Montana. The property is fully developed and is mostly homes but also includes the main buildings for the Riverside Country Club. The applicants have requested three different zoning districts to match the existing character and uses of 409 the property. The Zoning Commission recommends approval of the requested zoning. See the attached staff report for further information. The application materials are available in the City’s Laserfiche archive. No public comments have been received as of the preparation of these materials. Should written public comments be received they will be included in the City’s public comment Laserfiche archive and available to the public. The Zoning Commission recommends in favor of the requested zoning. The action of the City Commission is to complete the annexation process by adoption of Resolution 5355 which has a delayed effective date to allow wrap up of three actions by the applicant. The effective date of Ordinance 2096 will be coordinated with the effective date of the resolution of annexation. See the attached staff report and application materials for more information. UNRESOLVED ISSUES:There are three actions pending to complete all required steps. The actions must be completed by the applicant. Resolution 5355 includes completion of these steps. 1) Completion of term 10 of Resolution 4972 addressing payment of impact fees. 2) Receipt and approval by the City of one or more executed easements from the Riverside Country Club to provide for required sewer mains to serve the annexation. 3) Receipt and approval by the City of one or more executed easements from the owner(s) of Lot 101D for existing sewer mains to serve the annexation. ALTERNATIVES:See attached staff report FISCAL EFFECTS:See attached staff report Attachments: 21426 Riverside Properties Annx-ZMA SR CC Apr 5 final.pdf Resolution 5355 Riverside Annexation final.pdf Resolution 5355 Exhibits A&B.pdf Riverside Annexation Extension of Servcies Plan 1.28.2022 21426.pdf Ordinance 2096 Riverside ZMA 21426.pdf Ordinance 2096 Zoning Exhibit Map.pdf Report compiled on: March 31, 2022 410 Page 1 of 29 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Public Hearing: Zoning Commission meeting is on January 24, 2022 City Commission meeting is on February 8, 2022, continued to April 5, 2022. Project Description: Annexation of approximately 57.5 acres and amendment to the City Zoning Map for the establishment of a zoning designation of R-1 Low Density Residential, R-2 Moderate Density Residential and R-4 High Density Residential Districts. Project Location: All Riverside Manor Subdivision, Riverside Greens Subdivision and Tract 1, Tract 2, and Tract 3 of Certificate of Survey No. 3030 and associated right of way located in portions of Sections 23, 25, and 26, Township 1 S, Range 5 E, Principle Meridian, Gallatin County, Montana, and more generally located just north of the East Gallatin River and on either side of Springhill Road. Recommendation: Meets standards for approval Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21426 and move to recommend approval of the Riverside Annexation Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21426 and move to adopt Resolution 5355 the Riverside Annexation, subject to satisfaction of all terms including those listed in Section 2 of Resolution 5355, and authorize the City Manager to execute all documents and easements necessary to complete the annexation process. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21426 and move to provisionally adopt Ordinance 2096 the Riverside Annexation Zone Map Amendment. Report: March 24, 2022 Staff Contact: Chris Saunders, Community Development Manager Lance Lehigh, Interim City Engineer 411 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 2 of 29 Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. The application materials are available in the City’s Laserfiche archive and may be access 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 will be included in the City’s Laserfiche archive and available to the public. Unresolved Issues There are three actions by the applicant necessary to complete the annexation process. These items need to be finalized within 60 calendar days of the adoption of Resolution 5355. The applicant is aware of these outstanding issues. These three actions are required by Resolution 4972 which established the terms under which the City is willing to complete this annexation and the interlocal agreement adopted on December 14, 2021. These must be completed within 60 days of the adoption of Resolution 5355. 1) Completion of term 10 of Resolution 4972 addressing payment of impact fees. 2) Receipt and approval by the City of one or more executed easements from the Riverside Country Club to provide for required future sewer mains to serve the annexation. 3) Receipt and approval by the City of one or more executed easements from the owner(s) of Lot 101D for existing sewer mains to serve the annexation. Project Summary In December 2011, the Montana Department of Environmental Quality (Department) inspected the Riverside County Water and Sewer District No. 310 (District) wastewater facilities. The Department found deficiencies and directed their correction. In 2014, the City Commission considered a request from the District to enter into an interlocal agreement for the District to connect to the City's wastewater system. The City Commission determined that annexation was a necessary part of any such agreement. In 2018, the District and the City renewed discussions regarding an interlocal agreement. On January 28, 2019, the City Commission adopted Resolution 4972 stating the conditions necessary for the City Commission to consider annexation of property located within the District. There are 12 terms and conditions included in the resolution. The first is submittal of a petition for annexation. The required petition and supporting materials has been submitted with the application for annexation and zoning. 412 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 3 of 29 This annexation is unusually complex in that it is for many properties and not all affected property owners have signed the petition. Title 7, Chapter 2, Part 46 MCA allows for a petition for annexation submitted by less than 100% of property owners to be submitted and processed (see attachment). With the large number of property owners and less than 100% petitioners the use of an Extension of Services Plan in place of an Annexation Agreement is needed to address how municipal services will be delivered. This option is specifically allowed under 7-2-4610, MCA. A resolution of intent, Resolution 5354, to consider annexation of the property was adopted by the City Commission on December 14, 2021. The property is fully developed and is mostly homes but also includes the main buildings for the Riverside Country Club. The applicants have requested three different zoning districts to match the existing character and uses of the property. Due to the unique circumstances of utility service provision for this annexation, and so many individual ownerships of property, the City is using the Extension of Services Plan option to meet state law requirements for review of annexation. An interlocal agreement was also entered into with the Riverside Water and Sewer District on December 14, 2021 addressing certain provision of services. These are addressed in further detail in the extension of service plan and the criteria below. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. Zoning Commission After conducting the required public hearing the Zoning Commission recommends approval of the zoning as requested by the applicants on a vote of 6-0. The video recording of the hearing is available through the City’s website as part of the Jan. 24th Community Development Board. The discussion of this item began at 11:45 minutes into the recording. No public comment was received on this action. Alternatives 1. Approve the application and associated resolution and ordinance; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 413 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 4 of 29 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Zoning Commission ............................................................................................................ 3 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 5 SECTION 2 - TERMS OF ANNEXATION ............................................................................ 9 SECTION 3 -CONTINGENCIES OF ZONE MAP AMENDMENT ...................................... 9 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9 Annexation .......................................................................................................................... 9 Zone Map Amendment ....................................................................................................... 9 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 10 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 16 Spot Zoning Criteria ......................................................................................................... 24 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 25 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 26 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 27 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 27 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 29 FISCAL EFFECTS ................................................................................................................. 29 ATTACHMENTS ................................................................................................................... 29 414 Page 5 of 29 SECTION 1 - MAP SERIES Project Vicinity Map – Annexation and zoning amendment area indicated by black hatched area. 415 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 6 of 29 Project Vicinity Map showing Future Land Use designations from the Bozeman Community Plan 2020 416 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 7 of 29 Project Vicinity Map – Showing adjacent municipal zoning 417 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 8 of 29 Map of Existing County Zoning and Requested Municipal Zoning 418 Page 9 of 29 SECTION 2 - TERMS OF ANNEXATION On January 28, 2019, the City Commission adopted Resolution 4972 stating the conditions necessary for the City Commission to consider annexation of property located within the District. There are 12 terms and conditions included in that resolution. Completion of the earlier items is being verified and are mostly satisfied. The City will collect system development / impact fees assessable at the time of annexation and necessary easements within 60 days of the adoption of the resolution of annexation. Terms of annexation are typically identified for inclusion in an annexation agreement. As noted in the executive summary, the City has chosen to use an Extension of Service Plan for this application. Terms of annexation to be in an annexation agreement are therefore not applicable. SECTION 3 -CONTINGENCIES OF ZONE MAP AMENDMENT No contingencies are recommended with this application. All necessary steps have been completed and Ordinance 2096 is presented for provisional adoption by the City Commission at their April 5th meeting. Should the annexation not be approved first the zoning amendment will not be approved. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) recommends approval of the requested annexation. The City Commission will hold a public meeting on the annexation on February 8, 2022. The meeting will begin at 6 p.m. Information on how to attend the meeting will be included on the agenda posted at City Hall and online at Bozeman.net Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Riverside Annexation Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 21426. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. 419 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 10 of 29 The Zoning Commission will hold a public hearing on this ZMA on January 24, 2022 and will forward a recommendation to the Commission on the Zone Map amendment. The City Commission will hold a public hearing on the annexation and the zone map amendment on February 8, 2022. The meeting will begin at 6 p.m. Information on how to attend the meeting will be included on the agenda posted at City Hall and online at Bozeman.net SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion met. The property in question is contiguous to the City limits on its southern tip through the right of way for Springhill Road. State law requires annexation of adjacent public right of way. Exhibit B to Resolution 5355 includes the right of way and makes the Riverside Annexation contiguous to the City. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion neutral. The subject property is not totally surrounded. Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Criterion neutral. The subject property is not presently contracting for services. Access to sanitary sewer is the motivation for the annexation. See Goal 4. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Criterion met. The subject property lies a small distance north of the City’s water reclamation facility. The City and District have entered into an interlocal agreement for the City to provide sewer service to the Riverside area. Annexation is a requirement to execution of this agreement. The area being annexed is already developed. The Riverside area is included within the City’s utilities planning areas as shown in the respective facility plans. 420 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 11 of 29 Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion met. The subject property is located within the area included in the future land use map in the Bozeman Community Plan 2020. The residential portion of the area is shown as Urban Neighborhood. The Riverside Country Club area is shown as Parks and Open Lands. Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Criterion met. The subject property is an unusually shaped annexation. This reflects its character of development from initial platting in 1969 and replatting of a portion in 1978 (Riverside Greens). The property is an irregular extension given the unusual shape. However, the location does not leave an unannexed gap between unannexed areas or create islands. The property has a small portion contiguous to the existing City limits. The unannexed areas adjacent east and west to the subject area are the fairways of the Riverside Country Club. The E. Gallatin River passes through or adjacent to unannexed areas. Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Criterion neutral. The subject property is already developed with local streets from prior subdivisions. These streets are maintained by Rural Improvement District 308. This maintenance obligation does not change with annexation. Springhill Road provides the primary access and crosses through the annexation area south to north. Springhill Road is State Route 411 which is maintained by the MT Department of Transportation. Springhill Road is classed as a minor arterial street in the City’s 2017 Transportation Master Plan. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion met. The subject property is approximately 57.5 acres and larger than the minimum size. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion met. The subject property is within the Riverside Water and Sewer District. The interlocal agreement between the City and the District provides for the District to continue to provide water services to the area. Therefore, there is not a demand on the municipal water system to be mitigated. Therefore, the City is not seeking water rights which mitigate impacts from new connections to the municipal water system. See Policy 8 for further discussion. 421 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 12 of 29 Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Criterion met. The annexation was initiated to gain access to the City’s sewer treatment system. As identified in the Executive Summary, annexation is a required step to gain access. Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. Criterion met. Public streets and highways already serve the area. No further right of way is being requested with this annexation. Waivers of right to protest creation of a special improvement district to construct sewer improvements and road improvements were provided as part of the petition for annexation. Sufficient waivers have been received to enable the improvements to be constructed. Easement for construction of expected necessary connections for sewers have been provided with the annexation application. See page 2 of the petition for annexation for the list of subject matter for which waivers were granted. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion met. The annexation application includes a request for zoning. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Criterion met. The property is designated “Urban Neighborhood” for the residential areas and “Parks and Open Space” for the country club. No growth policy amendment is required. See Zoning Criterion A below. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. Criterion met. The property proposed for annexation has requested R-1, R-2, and R-4 zoning. The necessary public hearing before the Zoning Commission is scheduled for January 24, 2022 and a recommendation will be forwarded to the City Commission before action. Action on the annexation and the zoning are both scheduled for the same City Commission meeting on February 8, 2022. 422 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 13 of 29 Note: The annexation and the placement of a zoning district designation on the property by the City does not guarantee available services. Section 38.300.020.C of the Unified Development Code states: “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion met. The applicant has requested has requested R-1, R-2, and R-4 zoning. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion met. Applicant has paid required application fees. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion met. Primary access is provided by Springhill Road a state maintained route. Springhill Road and the local roads connecting to it and servicing the annexing area are all paved. Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Criterion met. The City has entered into an interlocal agreement with the Riverside Water and Sewer District. In that agreement the City accepts that Riverside will continue to operate the existing water system within the annexing area. Since this is the case, there is no additional demand for municipal water resulting from the annexation. Therefore, the provisions of 38.410.130.B.4 are met and no water rights are required with this annexation. “B. Compliance with this section is triggered if the estimated increase in annual municipal water demand attributable to the development exceeds 0.25 acre-feet after accounting for the following items as they relate to the development: 1. Current average annual municipal metered water demand; 2. Water demand offsets from a prior payment of cash-in-lieu of water rights; 423 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 14 of 29 3. Water demand offsets from a prior transfer of water rights into city ownership, and; 4. Water demand offsets from an existing water adequacy agreement or similarly purposed document.” Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion met. The site lies within the E. Gallatin River Drainage Basin in the City’s wastewater facility plan. No crossing of drainage basin boundaries is required to provide service. The City’s Water Reclamation Facility has adequate capacity to serve the annexing area. As noted above, no water service will change with annexation. The Fire Department has determined that adequate fire flow can be provided by the current water system. The City’s emergency services departments have considered the annexation and can provide adequate services. The annexing area is currently served by the Gallatin County Sheriff’s office and Central Valley Fire Department. As required by state law, the City will assume the responsibilities for the bond debt service attributable to this annexing area related to the Central Valley Fire Department after annexation. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. Criterion met. City services have been requested and the annexation process is underway. No City services are currently provided. This criteria also relates to an emergency connection prior to the completion of the standard annexation process. No emergency connection is requested. 424 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 15 of 29 Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Criterion met. A map adequate for the completion of the annexation process has been submitted. Policy 12: The City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Criterion met. The interlocal agreement between Riverside Water and Sewer District and the City provides for immediate payment of fees for fire and sewer services as there will be new demand for those services as a result of the annexation. No water connection is proposed therefore no fee is due at this time. The property has been using the transportation system for many years and annexation does not represent new demand on the transportation system, therefore, transportation impact fees are not applicable at this time. The annexation process, including discussion under this criterion provides notice of obligations to pay impact fees for future development at times of triggers as required in ordinance. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Criterion met. Notices of the public hearing have been sent via mail, published in the Bozeman Daily Chronicle, and posted on the site as set forth under this policy. See Appendix B for further information. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Criterion neutral. This annexation is using the Extension of Services Plan option in state law to address provision of services as authorized in 7-2-4610, MCA. Therefore, no annexation agreement will be used and this criterion is not applicable. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion met. This annexation is being processed under Part 46 provisions. Per 7-2-4609, MCA, when Part 46 provisions are used those and only those provisions are applicable to the annexation. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the 425 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 16 of 29 district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Criterion met. A road improvement district, number 308, is in effect. The RID will continue after annexation. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion met. The necessary agencies were notified on December 17, 2021 by email of the application and review of the annexation. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion met. Upon annexation the area will receive fire and police services, have access to the library and recreation facilities as residents of the City, and other general governmental service access. Connection to sewer service is the driving factor for the annexation. Due to the size of the annexation and the complexity of connecting many properties immediate connection to sewer services is not feasible. Upon completion of annexation the City and Riverside Water and Sewer District will begin the process to design and construct the necessary improvements to provide sewer services. See the interlocal agreement, consent item G.3 on the December 14, 2021, City Commission agenda for further details. SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. 426 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 17 of 29 In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The Bozeman Community Plan 2020 (BCP 2020) was adopted in November 2020. It is the latest edition of the City’s growth policy and replaces all prior editions. The BCP 2020 includes a future land use map as well as goals and policies. The BCP 2020, Chapter 5, p. 73-78, in the section titled Review Criteria For Zoning Amendments And Their Application, discusses how the state required zoning criteria in 76- 2-304 MCA are applied locally. These criteria are presented and analyzed in this section of the report. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is to be accordance with a growth policy. Additional details about the growth policy are available in Appendix B. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to Chapter 3 discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” As shown in Section 1 of this report, the future land use designations for the amendment area are Urban Neighborhood and Parks and Open Lands. The entire future land use map is available through the Community Development Viewer on the City’s website. 427 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 18 of 29 The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following excerpt from Table 4, the proposed R-2 and R-4 districts are explicitly stated as implementing districts of the Urban Neighborhood designation. The full table is provided in Appendix C. Table 4 shows designated implementing districts. The growth policy must also be read, understood, and applied as a whole. The Park and Open Lands designation shows PLI as the presumed implementing zoning district. Parks are an allowed use in all zoning districts. Larger areas are often established as Public Lands and Institutions zoning district. Not all Parks and Open Lands designated areas are publicly owned. The description of the Parks and Open Lands designation follows. The Riverside Country Club conforms to the description of this future land use designation being recreational lands but privately owned, open in character, and developed for active recreational purposes. Golf courses are allowed in the R-1 district as shown in Table 38.310.030.B. The R-1 district is the only zoning district where golf courses are an allowed use. The Riverside Country Club is a long established use. Annexation of the property does not require a change in operation of the facility. The requested R-1 is the best available fit between the future land use map and associated designation description and zoning districts. Therefore, the requested R-1 designation for the Riverside Country Club is in accordance with the future land use map. Goals and Policies This section evaluates compliance with the goals and policies contained within the Bozeman Community Plan 2020. Staff has found no conflict between the proposed zone map amendments and the Bozeman Community Plan 2020 and have found accordance between the amendment and the plan. Further, approval of the application may implement the Bozeman Community Plan 2020 by acting to further the objectives of the plan. 428 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 19 of 29 Unlike many zone map amendment requests, the area affected by this action is already fully developed and the owners are seeking to maintain the status quo after annexation rather than increase development potential. As described in the Executive Summary, the failure of the District sewer facilities is the impetus for this application. The amendment request is a part of the annexation process. The intent of the requested zoning is to establish zoning consistent with the existing uses on the annexing property. The substantive change of the application then is to establish municipal zoning. Annexation and the associated zoning are supported in the growth policy. Approval of this proposal would be in accordance with or implement several goals and objectives of the Community Plan, including but not limited to: “R-1.6 Be redundant: spare capacity purposefully created to accommodate disruption.” The City’s long range planning for sanitary sewer and careful execution of the plan has provided available capacity in the water reclamation facility. The connection of the buildings in the annexation area to the municipal sewer facilities enables the City use the available capacity to respond to the disruption caused by the failure of the Riverside sewer system. This minimizes disruption to many landowners. “R-2.3 Economic Benefit-Cost: Make good financial investments that have the potential for economic benefit to the investor and the broader community both through direct and indirect returns.” As noted above, the City has designed and built its sewer system with available capacity for growth. Connection to the municipal system is a least cost solution compared with building and operating a separate modern treatment system by Riverside adequate to meet water quality and public sanitation standards. “R-2.8 Harmonize with Existing Activity: Expand, enhance, or leverage work being done to build on existing efforts.” As noted above, the City is leveraging long standing utility planning to support the annexation of the Riverside area. Future design for specific facilities can also be done consistent with utility plans so any future development within or adjacent to the Riverside area may also be served. Annexation and connection to sewer removes a pollution source to the E. Gallatin River and groundwater. This benefits the overall community in public health and improved permitting circumstances for future expansion of the municipal sewer system. “DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and minimize disruption to the public.” As noted above annexation of the Riverside area, municipal zoning, and connection to the City’s sewer system is a least cost approach to solving a failed sanitary sewer system. A coordinated approach to provide a function sewer system lessens disruption to the public by 429 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 20 of 29 reducing the amount of construction, avoiding restriction on use of property, and reduces total construction and operational costs. “DCD-2.6 Evaluate and pursue joint mitigation of development impacts across multiple developments.” A single common connection to the City’s sewer system mitigates impacts from two subdivisions and the country club site. This simplifies management and operations and reduces costs to existing owners. “EPO-2.3 Identify, prioritize, and preserve key wildlife habitat and corridors.” The E. Gallatin River is a key watercourse in the Bozeman area. The river is currently being polluted by the failed Riverside sewer system. Connection to the municipal system will remove pollutants thereby greatly reducing impacts on the river and improving water quality downstream which will benefit both wildlife and humans. Based on the above findings, staff concludes the proposed zone map amendment is in accordance with the growth policy. B. Secure safety from fire and other dangers. Criterion met. The subject property can be served by City of Bozeman Fire and Police Departments. The Fire Department has reviewed the existing water system and finds it sufficient for service. Any future development of the property will be required to conform to all City of Bozeman public safety, building, zoning, and other land use requirements, which will ensure this criterion is met. C. Promote public health, public safety, and general welfare. Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, architectural design, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Criterion A, shows advancement of the well-being of the community as a whole. See also Criteria B and D. Connection to the municipal sewer system after annexation will reduce pollution to the E. Gallatin River and ground water. This advances all three elements of this criterion. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. 430 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 21 of 29 Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Criteria B, C, & D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site.” For this application, the site is fully developed already. Therefore, the City has a good understanding of the needed facilities. Streets, parks, and water systems are already in place and will continue after annexation. Road maintenance is provided with RID 308 which will also continue after annexation. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The City updates 2-3 plans each year to keep current with community needs. The adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new development. See page 19 of the BCP 2020 for a listing. The City implements these plans through its capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction for infrastructure. Private development must demonstrate compliance with standards prior to construction. Since this site is already developed and has been for many years school facilities are already constructed to serve the area. The application site is located within the City’s land use, transportation, parks, and utility planning areas. Those plans have for many years shown this property as having eventual City services. The City reviewed the on-site circumstances preparatory to passing Resolution 4972 and has determined that adequate services can be provided. For future development, as stated in 38.300.020.C below, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” As noted, the placement of a zoning district does not commit the City to infrastructure funding. However, the City uses its annual CIP to schedule and fund construction of public 431 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 22 of 29 infrastructure. The CIP is updated each fall and addresses all types of local infrastructure. The City may choose to fund some or all of infrastructure construction when deemed adequately beneficial to the public. The City can also support construction of infrastructure through other tools such as special improvement districts or development reimbursement agreements (sometimes called paybacks or latecomer agreements). In this case, a waiver of right to protest creation of a special improvement district to fund construction of the needed sewer improvements was included with the petition to annex from the landowners. The specific needs for public requirements will be assessed during development review when the details of development are known to ensure adequacy of public requirements. At this time, the facility plans show services as appropriate to extend to the site. Staff finds that adequate services either exist or can be provided to the area of the zone map amendment. E. Reasonable provision of adequate light and air. Criterion met. This criterion is not about individual preferences for a given degree of visual openness but about preservation of public health. The three requested zoning districts provide adequate light and air through the Bozeman Unified Development Code’s standards for park and onsite open space requirements, maximum building height, other requirements. The existing buildings on the site were developed under other zoning which required larger setbacks and lot sizes than currently required by the City. The adjacency of developed lots in this area to the golf course and parks ensures a greater degree of openness than normally experienced. This adjacency will not be changed by the zoning. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks or an equivalent and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion neutral. The Riverside Manor and Riverside Greens subdivisions were platted over 40 years ago. They are developed with homes. The change in annexation status and zoning will not meaningfully alter likely development. Local streets are in place and functioning to service the subdivisions. Springhill Road is a long standing State route and services a large area north of Bozeman. The Riverside Country Club has direct access to Springhill Road. The Montana Department of Transportation maintains and controls design of Springhill Road. The change in zoning does not require MDT to change the road design. 432 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 23 of 29 G. Promotion of compatible urban growth. Criterion met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (BCP 2020, p. 51) The City’s future land use map designates the properties as Urban Neighborhood and Parks and Open Lands. These designations are implemented by several zoning districts including the districts proposed by the applicant. The zoning districts were developed by the City to promote appropriate urban growth compatible with the areas of the City as identified on the future land use map. Based on the land use map designation and correlated zoning districts in the plan and proposed by the applicant, the zone map amendment would promote compatible urban growth. See discussion under Criterion A. The proposed zoning is being applied to existing development which conforms to the allowed uses in the requested districts. As existing development is being annexation impact on urban growth is limited. Any future development must comply with the building, site design, and other standards adopted to avoid or mitigate impacts of development. This supports compatible urban growth. Also see the discussion in (H) below. H. Character of the district. Criterion neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing character of the subject property which is a rural individual home with agricultural buildings. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, 433 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 24 of 29 variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The proposed zoning of R-1 (Riverside Country Club developed as golf course), R-2 (Riverside Manor developed primarily as single detached homes), and R-4 (Riverside Greens developed as townhomes and multiple home buildings) matches well the existing development character. The proposed zoning largely keeps the status quo as requested by the petitioners and applicant. See discussion in Criteria A and G above. I. Peculiar suitability for particular uses. Criterion met. As stated in Criterion H, the proposed zoning matches well with the existing development. The applicants are seeking annexation for access to municipal sewer, not to expand development capability. The site is peculiarly suitable for the long standing existing uses to continue. J. Conserving the value of buildings. Criterion met. As stated in Criterion H, the proposed zoning matches well with the existing development. The applicants are seeking annexation for access to municipal sewer, not to expand development capability as is often the case with annexation. Placing zoning that is consistent with the existing uses avoids potential impact to building values. Being annexed with access to a sewer system compliant with regulatory permitting avoids possible injury to building values. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion met. As stated above, the Bozeman Community Plan 2020 illustrates the most appropriate use of the land through the future land use map. This application complies with the BCP 2020 by proposing zone map amendments of districts that continue to implement the future land use map designations. See Criterion A above. The Unified Development Code contains standards, protections and review processes to ensure the land is developed in ways that are appropriate to a site’s context and according to the BCP 2020 if portions of the site are redeveloped in the future. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three 434 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 25 of 29 conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. Based on the review of the following criteria, Staff concludes that this application is not Spot Zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? Criterion not met. This criterion includes the modifier ‘significantly.’ It is not prohibited to have uses that are different. To be a Yes, the reviewer must demonstrate a ‘significant difference.’ As an example, in the Plains Grains LP case the change was from Agricultural to Heavy Industrial; and in the Little case the zoning was commercial in conflict with the planned residential uses shown in the growth policy and existing in the surrounding area. The existing uses on the ground are all authorized uses in the respective districts. As discussed in Criterion H, the proposed zoning conforms to the existing character of the area and prevailing land uses. Therefore, there is no significant difference to the prevailing land uses in the area. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Criterion not met. There are over 130 properties in the area to which municipal zoning is being established. As discussed in the criteria above, the proposed zoning is in accordance with the growth policy and maintains the status quo of the existing development. All the properties within the proposed zoning benefit from stable land use regulations. As discussed in Criterion D and elsewhere in this report connection of this area to municipal sewer is a benefit to the area being zoned and will benefit the community. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? Criterion not met. The districts to be applied are standard and used throughout the community. No special exceptions in the zoning are being enacted with these amendments. The implementing districts are consistent with the growth policy, see Criterion A. The majority of landowners within the area to be zoned have requested the zoning districts. The landowner of all the property adjacent to the proposed zoning, the Riverside Country Club, is also a party to the requested districts. The golf course provides a physical separation to other property owners further away from the amendment area. The existing development patterns will remain intact with the new zoning districts. Therefore, there should be no discernable impact on adjacent land owners or the general public. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT 435 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 26 of 29 AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. There are 12 properties located within the 150 foot boundary established by the State of Montana. Three qualified protests from owners adjacent to the application would be required to trigger the supermajority requirement of state law. There are 139 individual tracts within the annexation area. The protest option for within the amendment area is determined by the total percentage of the area being zoned. A successful protest from within the zoning area would require a combination of owners controlling at least 25% of the total area to submit qualified protests. Whether this is achieved cannot be determined until after the public hearing is closed. No protests have been received as of the writing of this report. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND See the executive summary, the City Commission video recording and packet materials item G.3 for December 14, 2021 for information on the adoption of the interlocal agreement, and the City Commission video recording and packet materials item H.1 for January 28, 2019 for information on the adoption of Resolution 4972 stating conditions necessary for the City to consider annexation. 436 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 27 of 29 APPENDIX B - NOTICING AND PUBLIC COMMENT Notice of the public hearings was provided by publication in the Bozeman Daily Chronicle on January 9, 16, and 20, 2022. Notice was further provided by posting on site and mailing first class to all landowners within the zoning area and within 200 feet of the zoning area. These notices occurred on January 7, 2022. Notice was provided at least 15 and not more than 45 days prior to the public hearings. The City Commission continued the public hearing from February 8th to April 5th at the February 8th meeting. No public comments have been received as of the writing of this report. Should written public comments be received they will be included in the City’s Laserfiche archive and available to the public. APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” and “Parks and Open Lands” in the Bozeman Community Plan. 1. URBAN NEIGHBORHOOD. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. 8. PARKS AND OPEN LANDS. All recreational lands, including parks, are included within this category, as well as certain private lands. These areas are generally open in character and may or may not be developed for active recreational purposes. This category includes conservation easements or other private property which may not be open for public use. Proposed Zoning Designation and Land Uses: 437 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 28 of 29 The applicant has requested zoning of R-1, Residential Low Density, R-2, Residential Moderate Density, and R-4 Residential High Density in association with the annexation of the property. The intent of the residential zoning districts is established in 38.300.100 of the Bozeman Municipal Code. 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) 438 21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 29 of 29 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: There are many owners. See the application materials. Applicant: Gene Gaines, 17 Riverside Drive, Bozeman MT 59715 Representative: DOWL, 1283 N. 14th Avenue, Ste. 101, Bozeman MT 59715 Report By: Chris Saunders, Community Development Manager FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials are also available through the City’s web viewer. 439 Page 1 of 5 RESOLUTION NO. 5355 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN 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 TRACTS TOTALING 57.867 ACRES, KNOWN AS THE RIVERSIDE ANNEXATION, APPLICATION 21426. WHEREAS, the City of Bozeman received a petition for annexation requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 57.5 acres, located north of the East Gallatin River and on both sides of Springhill Road; and WHEREAS, the petition was submitted by a majority of landowners in the Riverside Manor Subdivision, Riverside Green Subdivision, and Tract 1, Tract 2, and Tract 3 Of Certificate Of Survey No. 3030, requesting the City Commission to extend the boundaries of the City of Bozeman; 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 February 8, 2022; and WHEREAS, a public meeting on said annexation petition was duly noticed and on February 8, 2022 was continued to April 5, 2022; and 440 Resolution 5355, Riverside Annexation Page 2 of 5 WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, the provision of available services to said tracts as described is the subject of an Extension of Services Plan and Interlocal Agreement; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of these tracts 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, that: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, 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 57.867 acres, to wit: Legal Description Parcels of land being: Those portions of Sections 23, 25, and 26, in Township 1 S. Range 5 E., Principle Meridian of Montana, in Gallatin County, Montana, more particularly described as follows: Lots 1 through 9, inclusive, of Block 1 of Riverside Manor Subdivision; the Park in between Block 1 and Riverside Drive of Riverside Manor Subdivision; Lots 1 through 50, inclusive, of Block 2 of Riverside Manor Subdivision; Lot 4 of Block 4 of Riverside Manor Subdivision; the platted rights of way for Riverside Dr., Park Plaza Rd., and Gallatin Dr. of Riverside Manor Subdivision; remaining platted access tracts and access gaps as shown on the Riverside Manor Subdivision plat G-36; Tract 1, Tract 2, and Tract 3 of Certificate of Survey No. 3030, as shown on Document No. 2698796; The tract of land dedicated parkland and access from the Park to Gallatin Dr. as shown on Certificate of Survey No. 674, film 48, page 2014; 441 Resolution 5355, Riverside Annexation Page 3 of 5 Lots 101A, 101B, 101C, and 101D of the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-A; Lots 102 A-1, 102 B-1, 102 C-1, and 102 D-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-K; Lots 105A-1, 105B-1, and 105C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-E; Lots 105E-1 and 105F-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-M; Lots 107A-1, 107B-1, and 107C-1, of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-L; Lots 109A, 109B, 109C, and 109D, of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57; Lots 1 through 4, inclusive, of the Amended Plat of a Portion of Block 4 of Riverside Manor Subdivision as shown on plat G- 36-C; Lots 112 A-1, 112 B-1, and 112C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-G; Lot 112D-1A of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-I; Lots 113A-1, 113B-1, 113C-1, and 113D-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-F; Lots 114A-1, 114B-1, and 114C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-H; Lots 116A-1, 116B-1, and 116C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-N; Lots 1A and 1B of the Riverside Manor Subdivision Plat Amendment as shown on plat No. G-36-B; Lots 2A-1, 2B-1, and 2C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-D; Lots 3A-2, 3B-1, and 3C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-P; Lots 5A-1, 5B-1, 5C-1, and 5D-1; together with the access area added to the existing access tract, all on the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-O; Lots 7A-1, 7B-1, 7C-1, and 7D-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-C; 442 Resolution 5355, Riverside Annexation Page 4 of 5 Lots 8A-1, 8B-1, 8C-1, and 8D-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-J; Lots 10A, 10B, 10C, and 10D of the Amended Subdivision Plat of Riverside Manor as shown on plat G-36-D; Lots 11A, 11B, 11C, and 11D of the Amended Subdivision Plat of Riverside Greens as shown on plat J-57; And the right of way of Springhill Rd, beginning at the projected northerly line of Tract 2 of Certificate of Survey No. 3030 and continuing south, ending at the projected southerly line of Tract 1 of Certificate of Survey No. 3030; Containing 2,501,989 square feet. And Beginning at the northeast corner of Tract 2, Certificate of Survey 473E; thence bearing N 2-38-20.000 W a distance of 65.920 ; thence bearing N 2-38-20.000 W a distance of 155.260 ; thence bearing N 87-45-9.000 E a distance of 84.706 ; thence bearing S 2-14-51.000 E a distance of 224.455 ; thence bearing N 89-58-54.000 W a distance of 78.770 ; thence bearing S 89-52-23.000 W a distance of 4.490 to the point of beginning; Containing 18,710 square feet more or less. A total of 57.867 acres, all as depicted on the RIVERSIDE Annexation Map Exhibits A and B attached to this resolution. Section 2 The effective date of this annexation is five business days after completion of the following contingencies which must be completed within 60 calendar days after adoption of this Resolution: 1) Completion of term 10 of Resolution 4972 addressing payment of impact fees. 2) Receipt and approval by the City of one or more executed easements from the Riverside Country Club to provide for required future sewer mains to serve the annexation. 443 Resolution 5355, Riverside Annexation Page 5 of 5 3) Receipt and approval by the City of one or more executed easements from the owner(s) of Lot 101D for existing sewer mains to serve the annexation. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of April, 2022. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 444 445 446 CITY OF BOZEMAN EXTENSION OF SERVICES PLAN AND REPORT FOR RIVERSIDE ANNEXATIONS February 8, 2022 447 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 1 of 25 City of Bozeman Extension of Services Plan and Report For Riverside Annexation TABLE OF CONTENTS INTRODUCTION 2 STATUTORY REQUIREMENTS 2 RELATIONSHIP TO THE BOZEMAN GROWTH POLICY 3 AND CITY FACILITY PLANS MUNICIPAL PLANNING AREA 3 Economic Conditions and Trends 3 Physical Growth Trends 4 Impediments to Growth 4 Growth Stimulants 6 Prevailing Growth Patterns 6 EXTENSION OF CITY SERVICES 9 DETERMINATION OF ADEQUATE PUBLIC FACILITIES 19 AREA PLAN 24 448 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 2 of 25 INTRODUCTION Title 7, Chapter 2, Part 46 MCA provides a method for annexation by petition of landowners. The provisions of Part 46 and no others apply. The provision of services may be addressed under Part 46 either by a mutual agreement between the landowner and the City or through an Extension of Services Plan. The Plan serves the following objectives: • Ensure the efficient use of public infrastructure and tax revenue through compact, orderly, safe, and efficient growth; • Meet Montana statutory requirements for the extension of services plan and report for the annexation of lands into the City; • Provide policies for the extension of municipal services including identifying methods of financing and extending municipal services and the party or parties responsible therefore; and • Provide a framework, in concert with the City’s adopted Strategic Plan, and other plans of the City including, among others, the City of Bozeman’s Growth Policy (Community Plan), the Wastewater Collection Facilities Plan, the Water Facility Plan, the Integrated Water Resources Plan, the Greater Bozeman Area Transportation Master Plan, the Parks, Recreation, and Open space Plan, the City’s Stormwater Facilities Plan, and its Fire and EMS plans, as well as the City’s Economic Development Plan. This Plan incorporates all currently adopted and any future adopted City plans for City infrastructure and services. STATUTORY REQUIREMENTS As required by Montana law, the City must demonstrate how services will be provided to areas the City proposes to annex. Specifically, the City must provide a plan for the extension of services. This Plan must anticipate the services needed for a minimum of five years into the future and must include the availability of water, sewer, storm drainage, solid waste disposal, streets, police protection and fire protection, among others. If the City determines it is necessary to extend streets, water, sewer, or other municipal services such as parks and recreation, lighting, tree maintenance and sidewalk/trails into an area to be annexed, an area plan must be adopted by the City Commission that, when considered in conjunction with this Plan, meets the requirements of 7-2-4731, MCA, and 7-2-4732, MCA. If the area to be annexed is currently served by adequate water, sewer and streets, and if the City 449 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 3 of 25 determines that capital improvements are not necessary, the City must provide plans of how it intends to provide other services, mainly police protection, fire protection and solid waste disposal. The location of the municipal growth area is determined by considering available undeveloped and underdeveloped lands in the context of existing municipal services and the logical extension of these services. In addition, past community growth trends, as well as existing community growth stimulants and deterrents, are taken into consideration in projecting growth area boundaries. RELATIONSHIP TO THE BOZEMAN GROWTH POLICY AND CITY FACILITY PLANS This Plan hereby incorporates by reference the current and future Bozeman growth policy and the various adopted City facility and service plans, including those for fire, emergency services, and police, including any future updates to such plans. The growth policy and the various City facility and service plans support this Plan. The adoption and implementation of this Plan will, likewise, assist the City in achieving the goals and objectives of the growth policy and the various facility and service plans. MUNICIPAL PLANNING AREA The municipal planning area is the projected service area in which municipal services can or may be extended, depending upon needs and demand. Boundaries of the municipal planning area are established based on prevailing and anticipated growth trends, with consideration given to growth stimulants as well as growth deterrents or impediments. In establishing this area, the City considers population and economic trends that affect community growth or decline. Trends are subject to fluctuation and the City’s planning area looks at the long term probable outcomes, not short term exigencies. Economic Conditions and Trends The City is the primary economic engine of Southwest Montana. The City’s population surpassed 53,000 people in 2020 yet serves significantly more people in terms of business activity. Surpassing the population milestone of 50,000 people moved the City into a metropolitan city status with many impacts to the community. Between 2010 and 2020, the City grew by nearly 16,000 people, or 30%. The City’s growth rate has routinely exceeded that of Gallatin County as a whole over the past 20 years with annual growth rates as high as 6%. The area's population continues to grow steadily with the potential for continued growth over the next twenty years. Details of population and economic growth are available through the US Decennial Census, American Community Survey, and other state and 450 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 4 of 25 federal agency reports. Physical Growth Trends In addition to the increase in population, the City has regular annexation activity increasing its physical size. Maps showing the location and timing of annexations are available through the City’s website. Annexations range from small annexations, such as individual properties seeking to connect to City utilities, to parcels as large as or larger than 160 acres. Annexation occurs throughout the City but occurs predominantly in the City’s northwest and southwest quadrants. As for future annexations, the City has seen development using up the City’s undeveloped property reserve that was created in the 2000s. The City expects additional properties will seek annexation as the development potential of property with municipal services is higher than without them. Property owners seeking additional development have, historically, voluntarily approached the City seeking annexation. The City does not generally extend its utility services outside of its boundaries. As new development is proposed in areas contiguous to or wholly surrounded by the City new development or redevelopment is generally required to connect to municipal water and sewer. When this occurs, utility extensions must be in accordance with City standards and annexation is generally required prior to receiving service. The location and schedule for such development is driven by private demand and cannot be predicted in detail at this time. The City’s future land use map from the Bozeman growth policy depicts areas where future urban development is expected. As noted on the future land use map, there are developed but unannexed areas wholly surrounded by or adjacent to the present City limits. Annexation of those areas often occurs when existing development seeks access to City utilities. There exist certain influencing factors that can either stimulate or impede the physical growth of the City. In conjunction with the ability to provide services, these influencing factors must also be considered in the establishment of future service and growth area boundaries. Impediments to Growth Identified impediments to growth in and around Bozeman are water supply, access to or capacity in sanitary sewers, lands of agricultural significance, large tracts of land under public ownership, soils unsuitable for development, seasonally high groundwater, and steep slopes, among others. The existence of certain types of soils renders some areas of the valley more expensive for urban 451 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 5 of 25 development because of low bearing strength requiring additional investments for stable roads and building foundations. Although some soils may be unfavorable for development, most disadvantages can be overcome through engineering solutions and construction techniques. It should be noted that while the disadvantages of these soils can be overcome, such circumstances will likely result in added expense to the public, in providing services such as streets, sewer and water service, and storm drainage, and to the property owner, in terms of construction and engineering costs. The State of Montana owns large areas of land within and adjacent to the City. Some properties are held for research purposes for the Montana University System or are designated school trust lands. The MSU properties are primarily located on the bench in the Southeast quadrant of the municipal planning area, main campus, and adjacent research facilities along College Street. As the purpose of these properties is not for profit, the extension of infrastructure through these areas is more difficult than typically experienced on private property. The City and Montana State University work together on many infrastructure issues to enable the continued expansion of the City and university. Seasonally high ground water is found frequently in the northwest and southwest quadrants. High ground water impacts the ability to accommodate on-site sewage disposal systems. Ground water levels are elevated by irrigation facilities and practices. Also, expensive construction techniques are required in many locations throughout the City area to build stable, long lasting roads. Slopes generally exceeding twenty five percent (25%) are considered a potential impediment to urban development. Development on such slopes, including buildings, roads, driveways and other improvements, can have significant impacts on existing drainage patterns, riparian vegetation, wildlife, adjacent (particularly downhill) properties, and the existing natural scenic qualities of the community. While the City is generally situated on the valley floor, instances of steep slopes occur along the Peet’s Hill ridge and in the northeast quadrant with the Story Hills and Bridger Mountain range foothills. The Gallatin Valley is at the top of its drainage system, and therefore, water supply is of high quality while limited in quantity. The City has an active program developing and protecting its water supply and the rights to use it. The City actively pursues development of water resources, conservation of water, and integrated strategies to maintain an adequate supply for its continued growth. The adopted Integrated Water Resources Plan looks at long-term needs and trends to help maintain an adequate water supply. The City actively invests in sanitary sewer upgrades each year. Sanitary sewer upgrades are completed to expand the service area of the City, replace old and aging pipes, and to increase pipe sizes and associated capacity. The City maintains a hydraulic model to understand available capacity in the sanitary sewer system and direct capital plan investments. Some capacity 452 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 6 of 25 limitations exist in the system that are addressed as growth demands improvements to the system. Low density subdivisions not annexed to the City impede the logical and cost effective extensions of municipal water and sewer systems. Retrofitting such development is expensive and often opposed by residents. Avoidance of such development is therefore prudent to avoid impediments to municipal growth. The City’s growth policy promotes protection of rural lands around the perimeter of the City and limits development of these lands until the time when large projects with the ability to extend City infrastructure are ready for development. Growth Stimulants Growth stimulants are forces exerted upon a city that may cause or encourage a city to grow in a particular direction. Growth stimulants may be physical factors such as a scenic environment or a proximity to services and/or utilities. A desirous quality of life or a strong economy can also stimulate the growth of a city. The physical beauty of the Gallatin Valley, Bozeman’s strong economic reputation, and its perceived quality of life has spurred substantial growth over the past 20 years. It is expected that the growth of the area will continue due to its appealing life style, strong economy, proximity to excellent recreation, and ready access to Bozeman Yellowstone International Airport. Prevailing Growth Patterns Bozeman has been expanding in all directions. This includes redevelopment and intensification of existing municipal areas. Multiple large buildings have been constructed or are under construction in the Downtown and along N. 7th Avenue. Accessory Dwelling Units are being added to many lots in the core of the community. Few areas within the City remain undeveloped. The character of the surrounding areas into which the City is expanding are distinct. In order to describe the nature of these areas more easily, the following discussion divides the city into four quadrants with a center point at the intersection of Main Street and 19th Avenue. The prevailing growth patterns in the Bozeman area, and the probable growth stimulants associated therewith, follow: Northeast Projected Growth Area The area of this quadrant is generally flat and incorporates some of the original town-site area. The mix of land uses shows substantial areas of residential, institutional, and industrial users. At the outer eastern edges of this quadrant the land rises into the Story Hills and Bridger Mountain range. 453 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 7 of 25 The East Gallatin River crosses this area as does Interstate 90. Both of these are limits on the street grid and influence the placement of water and sewer mains. The railroad also crosses this quadrant, which also affect the street grid and provision of emergency services. Expansion of the City is expected but this is likely the least expansive of any of the four quadrants due to the degree of slopes in the outer area. Growth of population and expansion of incorporated land in the area is possible. There are several unannexed wholly surrounded areas and unannexed areas that receive municipal fire service. There is potential for additional development within the wholly surrounded areas. Municipal water and sewer are in near proximity to some of the wholly surrounded areas. The City recognizes there are no overwhelming barriers that would impede the physical growth of the City during the next five years. There are known needs for expansion of water and sewer services that are described in the facility plans. The Montana Department of Transportation is recently completed expansion of Rouse Avenue to provide needed transportation capacity. Improvements to Griffin Drive and the intersection of Story Mill Road and Bridger Drive are underway or planned within the next five years. Southeast Projected Growth Area The area of this quadrant is generally moderately sloped and incorporates some of the original town-site area. Bozeman Creek crosses this portion of the community. A large ridge on the eastern side divides this area into two areas. The western area is mostly developed down to Kagy Boulevard with Montana State University and Downtown being the two most notable destinations. South of Kagy Boulevard lies large open areas suitable for urban development. There are several large rural subdivisions in this area. East of the ridge is Bozeman Health’s main campus and residential areas. There is substantial land remaining for development east of the ridge. There are several suburban developments in this area primarily utilizing individual water and sewer systems. There are several wholly surrounded areas in this quadrant. These are located primarily along the Kagy Boulevard corridor. The largest is located north of Kagy Blvd and west of S. Church. There are no overwhelming barriers that would impede the physical growth of the City during the next five years. Bozeman Creek and the associated floodplain cross this area from south to north. The creek limits development on some individual properties due to floodplains. The floodplain is present with or without annexation. There are known needs for expansion of water and sewer services which are described in the facility plans. The City is presently expanding water storage capacity at its water treatment plant which will improve water pressure to this area. Southwest Projected Growth Area The area of this quadrant is quite flat and has the fewest topographic features which might restrict expansion of the City. Large sections of this quadrant are presently outside of the City. Large university landholdings restricted extension of municipal utilities for many years. With services now made available, development is occurring along the S. 19th corridor and beginning to occur 454 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 8 of 25 south of Huffine Lane. Areas north of Huffine Lane have been annexed and infilling since the late 1970’s. There are several small residential unannexed inholdings within this quadrant and one large existing and planned commercial area. High groundwater is prevalent in this quadrant, especially south of Huffine Lane with many small spring creeks. There are continuing agricultural operations in this area and very low density residential development scattered throughout it. There are no overwhelming barriers that would impede the physical growth of the City during the next five years. There are known needs for expansion of water, sewer, and transportation services that are described in the facility plans. The City is presently expanding water storage capacity at its water treatment plant that will improve water pressure to this area. The City is also constructing a new lift station and sewer interceptor pipe that will expand sewer capacity that will serve this area. Northwest Projected Growth Area This quadrant has seen the greatest amount of growth over the past 15 years. Several very large annexations have been building out. The City along with private developers has invested heavily in major transportation and sewer service improvements in this area that have facilitated growth. Development in this area is primarily residential and institutional with substantial capacity for commercial development to occur. This quadrant has the greatest number of unannexed inholdings. Most of these inholdings are residential development but several have potential for substantial intensification of use. The construction of Bozeman Gallatin High School, the Sports Park, and Billings Clinic Hospital support an expectation of substantial additional growth in this area. The greatest restriction on development in this area is sewer services. The City has constructed the new Davis Lift Station and the Norton East Ranch Interceptor to support construction of the new high school and hospital. This construction will also open considerable capacity for additional annexation and development. The transportation network is well developed in this area but will require additional expansion and links as development occurs. Active City projects to expand the transportation system include extensions to Fowler Avenue and Cottonwood Avenue. ANNEXATION AREA All properties located within Riverside Manor Subdivision, Riverside Greens Subdivision and Tract 1, Tract 2, and Tract 3 of Certificate of Survey No. 3030 and associated right of way located in portions of Sections 23, 25, and 26, Township 1 S, Range 5 E, Principle Meridian, Gallatin County, Montana are the area subject to this Plan. 455 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 9 of 25 EXTENSION OF CITY SERVICES The City’s growth policy and its facility and service plans (along with its Strategic Plan) seek compact, orderly and efficient municipal growth. In addition, all plans support infill development as well as compact outward expansion. Doing so minimizes the expenditure of municipal funds and ensures such funds are used in the most efficient and rational manner. To implement the goals and objectives of the growth policy and various facility and service plans, the City develops and continually implements plans for the extension of municipal services through its capital-planning program. When extending services into annexed areas, the City must identify the services available and the manner in which the City will provide those services to the annexed area. In doing so, the City identifies those responsible for extending services and the methods of financing such extensions. There is extensive urban development annexed areas within and adjacent to the City boundaries and surrounding unannexed areas, therefore, roads and water and sewer mains may already be in place through or beside many areas where annexation may occur. The facilities and services, which the City considers for extension into the future growth areas of the City, include streets, sanitary sewer, storm sewer, water, police protection, fire protection, and solid waste collection, among others. Generally, many of these services must be provided concurrent with annexation. In areas where services or facilities do not exist, it is generally the responsibility of a property owner developing property to construct and pay for facilities such as roads, sewer, stormwater, and water (for domestic and fire suppression). The City then will provide the services that use such facilities, such as police and fire protection, solid waste collection, and water and wastewater treatment. In areas that are currently developed, the City may, based on its growth policy and facility and service plans, and in compliance with its adopted regulations, allow developed properties to continue to use existing facilities such as on-site water wells and septic systems. Similarly, if infrastructure already exists in the area, but is inadequate to support the proposed development, the property owner developing property is usually responsible for increasing the capacity of the existing services, such as roads, sewer, and water. The City in cooperation with property owners must generally provide services concurrently with development of the property. As such, for undeveloped areas, the City may allow a property owner to defer the development of certain facilities until future development as long as basic services such as police and fire are provided to the property. For example, if undeveloped property is annexed anticipating future development, the City may not require development of additional facilities for the property upon annexation as long as basic services can be provided at the time of annexation. 456 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 10 of 25 For developed areas, the City may authorize the use of existing facilities at the time of annexation as long as such facilities can provide adequate services. For example, if the City annexes an existing neighborhood with established streets and water and wastewater facilities, the City may, depending on the condition of the facilities, authorize property owners to continue using such facilities as long as the facilities are adequate to serve the property. As such, under this example, property owners may continue to use on-site septic systems and wells and roads even though roads may not have been built to current City standards and the City rarely authorizes wells and septic tanks for domestic services. At the time of future development or when those services have outlived their useful life or failed, these facilities must be upgraded to City standards. This remainder of this section addresses the various types of facilities and services and, in conjunction with the policies described below, the City’s plan for how each will be provided at the time of annexation. Streets The transportation network within and around the City plays a significant role in the physical development and growth of the City. This network of streets, roads and highways is designed to form a system that not only provides efficient internal circulation, but also facilitates through traffic. Since streets serve two basic functions, moving traffic and providing access to abutting lands, the City, through its adopted transportation plan, classifies each street for the specific function or combination of functions that it serves. This functional classification system forms the basis for planning, designing, constructing, maintaining and operating the street system. Street classification is also used as an equitable and practical method of allocating responsibility for street and road construction expenditures. For these reasons urban streets are generally designed and developed in a hierarchy comprised of the following types: Major Arterials A major arterial is described in the City’s adopted transportation plan. Generally, it is a road or highway with moderate to high speeds and traffic volumes. Major arterials provide access to the regional transportation network, and move traffic within the City. Access to abutting lands is limited. Minor Arterials A minor arterial is also described in the City’s adopted transportation plan. Generally, it is a road with moderate speeds designed to collect or move traffic from one major part of the City to another 457 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 11 of 25 or to move traffic to and from the major arterial system. Collector Streets Again, the City’s transportation plan describes collector streets. Generally, it is a secondary or intermediate street with moderate speeds and moderate volumes. Such streets collect local traffic from neighborhoods and carry it to adjacent neighborhoods or transfer the traffic to the arterial system. Such streets would typically serve a neighborhood or local area. Local Streets These are minor streets intended to serve individual sites, homes, buildings or lots. Local streets either feed into collectors or provide direct access to much of the land within the City. As noted above, arterial and collector streets within Bozeman are listed according to functional classification in the City’s adopted transportation plan. The transportation plan and the street reconstruction priority ratings, prepared by the City Engineering staff, have been developed as a tool for scheduling reconstruction, overlays and preventative maintenance for public streets, excluding State and Federal highways, in the projected urban area. The City’s street system includes approximately 285 miles of streets and alleys as of December 2021. The transportation plan and supplemental staff analysis identify priority projects for the street systems, which, if implemented, result in a benefit to existing traffic system performance. The proposed improvements will also serve future development needs as urban development expands into the adjacent rural areas surrounding Bozeman. The transportation plan, in addition to identifying deficiencies and recommending improvements, identifies potential funding sources. The top priority projects identified in the transportation plan involve, for the most part, either arterials or collectors. All proposed developments that impact the existing or proposed street network may be subject to conditions of approval intended to mitigate impacts. It is generally the responsibility of a landowner to provide streets built to City standards, including curbs, gutters, sidewalks, boulevards, street signs, streetlights and street trees. Standards for such improvements are contained in the City of Bozeman's Unified Development Code, the City's Design Standards and Specifications Policy, and the City of Bozeman Modifications to Montana Public Works Standard Specifications. The policy section of this plan supports these requirements. The City may authorize developed areas to be served by the existing street network even though such network does not meet current standards. The City levies an arterial & collector street assessment to provide for construction and maintenance of arterial and collector streets, according to the City’s adopted capital plans. 458 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 12 of 25 Currently, the assessment is $0.006997 per square foot of property area for all properties as of December 2021. The assessment is limited to a maximum of 15,000 square feet for single- household residential properties, a maximum 15,000 square feet for undeveloped commercial properties, and a maximum of one quarter of the total area for properties zoned public lands and institutions. This assessment is subject to change depending on priorities for capital improvements. Street Maintenance The City maintains, sweeps, and plows most streets which have been dedicated to the public within the City, while the Montana Department of Transportation maintains and plows its highways through the City totaling approximately 23 miles of roads. The County Road Department also maintains and plows approximately nine miles and several segments of roads in the City that are under County jurisdiction as adjacent land has been annexed. However, generally, County roads will be incorporated into the City system as annexation occurs. State law requires annexation of right of way adjacent to properties being annexed. To address maintenance of City maintained streets, the City levies a street assessment. This assessment provides for snow removal and deicing, asphalt patching and overlays, and street sweeping. Currently, the assessment is $0.33113 per square foot of property area for all properties as of December 2021. The assessment is limited to a maximum of 15,000 square feet for single- household residential properties, a maximum 15,000 square feet for undeveloped commercial properties, and a maximum of one quarter of the total area for properties zoned public lands and institutions. As with the arterial and collector assessment, the street maintenance assessment is subject to change depending on priorities for capital improvements. Some neighborhoods and homeowners associations elect to manage additional snow removal on their own, to achieve a higher level of service than the City can provide. In certain circumstances, the City may require or authorize such private service of local streets. In addition, there exist streets within the City that have not been dedicated to the public. The City does not generally maintain these. For streets in areas proposed for annexation, homeowners may continue to be responsible for maintenance of streets and street right-of-way for streets that have never been previously dedicated to the public. The City may consider accepting dedication and the resulting maintenance responsibilities. The manner in which this will be addressed will be discussed in an Area Plan. Sanitary Sewer/Wastewater Treatment A sewerage system is a network of sewers used to collect the liquid wastes of a city for subsequent treatment. The location and capacity of main sewer lines and treatment plants are a factor in 459 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 13 of 25 determining both the density and location of development within a community. Generally, the design of main sewer lines and plant capacity is reflective of anticipated land uses and population projections of a predetermined service area. In contrast to a pressurized water distribution system, sewage is primarily collected by a gravity flow system, wherein sewer lines are laid out in a manner as to flow continually downhill. Where grades are insufficient to provide gravity flow, pumping of the sewage becomes necessary. Adding pump stations to the system correspondingly adds expense and maintenance needs and is generally discouraged. The City Water & Sewer Division currently maintains more than 250.7 miles of gravity sewer mains, 5,018 manholes, and 10 lift stations. As the land area of the City expands, the collection system likewise expands. The City operates a mechanical wastewater treatment plant with secondary treatment and biological nutrient removal. The plant is located on the northwest edge of the city on Springhill Road. The treatment plant is designed to accommodate a flow of approximately 8.5 million gallons per day (mgd). A plant of this capacity is able to serve a population of approximately 66,000. The treatment plant is designed to facilitate future expansion. The plant is currently treating an average of approximately five mgd of effluent. The City’s wastewater treatment plant typically provides a higher degree of treatment and therefore better protection of public health and a clean environment than is provided by on-site septic systems. High groundwater infiltration and storm runoff inflow has a significant negative impact on the City's collection and treatment systems. Infiltration and inflow are extraneous waters that can enter the sewer system and thus reduce the sewage carrying capacity of the sewer, pump station and treatment systems. As the amount of infiltration and inflow is reduced through improvements to infrastructure, the ability of the plant to serve a larger population is increased. Much of the storm runoff inflow has been eliminated through the ongoing construction of underground storm drainage facilities, elimination of cross-connected stormwater catch basins and disconnection of roof drains from sanitary sewer lines. Storm drainage is being improved as the City's stormwater capital plan is implemented. The design of new sewage collection systems must meet the current requirements of the Montana Department of Environmental Quality, the Montana Public Works Standard Specifications, the City's Design Standards and Specifications Policy, and the City of Bozeman Modifications to the Montana Public Works Standard Specifications, and the policies for extending services described in this plan. Residential neighborhoods utilizing on-site sewage disposal systems may be found throughout the Bozeman sewer service area, both inside and outside the City limits. Over the next 15 to 20 years, many of these neighborhoods will eventually undertake the extension of City sewer mains as higher density development is desired and as on-site disposal systems outlive their useful life. The 460 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 14 of 25 location and schedule for such improvements will be driven by private demand and cannot be predicted in detail at this time. In accordance with the City of Bozeman Design Standards and Specifications Policy and Modifications to the Montana Public Works Standard Specifications (MPWSS), future development projects throughout the Bozeman sewer service area must prepare detailed engineering studies to identify appropriate locations and design criteria for sewer mains and lift stations. Consideration will be given to individual development goals, as well as the long range, overall needs of the surrounding area and the sewage collection/treatment system as a whole. The City may authorize developed areas proposed for annexation to be served by existing onsite septic systems even though such systems may not be constructed to current regulatory standards. Such systems must be abandoned and the Property must connect to the City’s sanitary sewer if property redevelops or the systems fail. Storm Water Management Storm water runoff is the water flowing over the surface of the ground as a result of a rainfall or snow melt. The primary goals in the management of storm water runoff are to minimize hazards to life and property and to provide treatment of runoff before it enters streams and rivers. This is accomplished by using storm sewers, detention, and treatment systems to collect, carry, detain, and treat surface water and ultimately discharge that water to a natural water course or body of water in such a way as to prevent flooding and the resultant damage. The City’s stormwater collection system consists of a variety of infrastructure facilities that collect urban runoff and either treat stormwater on site or convey it to local waterways, such as Bozeman Creek, Bridger Creek, the East Gallatin River, and numerous small spring creeks. As of December 2021, system components include over 122 miles of underground pipe, 4,100 inlets, 1,866 manholes, and 629 individual discharge points spread across the City. In areas built post-1980, there are 519 surface and subsurface stormwater facilities that act as flood and water quality controls. The majority of these facilities are owned and operated by property owner associations or private parties. As the land area of the City expands, this system likewise expands. As new streets are constructed, and as existing streets are improved, storm drainage infrastructure is likewise installed or improved. Those persons developing property have the responsibility to convey storm water from their property to an appropriate point of treatment and disposal. The quantity and rate of runoff from a developed piece of property should not exceed that which would occur had the property remained undeveloped. In instances where developing property cannot be drained to an appropriate point of disposal, storm water must be detained and handled on site. 461 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 15 of 25 The City may recognize developed areas proposed for annexation may be served by existing stormwater systems even though such systems do not meet current standards. Water The City must ensure dwellings and business have access to safe, potable and palatable water for the needs of the City’s domestic, institutional, industrial and commercial consumers. The City must also ensure adequate water exists to meet firefighting needs. The City provides domestic water from the Hyalite/Sourdough Water Treatment Plant and the Lyman Spring Water System. The present supply capacity is approximately 22 million gallons per day (mgd), and the peak demand periods of late summer are approximately 9 mgd. The maximum day demand has been observed at approximately 12 mgd. Water storage tanks are used to equalize pressure throughout the 306-mile long distribution system and to provide emergency supply in case of an interruption of power, a failure of pumping equipment, or to provide water for firefighting. This system also provides the flow necessary to meet peak demands. The amount and location of stored water represents a key component of the water system's ability to deliver water for the purpose of fire suppression. The city currently utilizes four storage tanks with a total capacity of 16.6 million gallons. Under the requirements of the Safe Drinking Water Act, the City tests the water supply for a wide variety of contaminants on a regular basis. Extensive testing for microorganisms, disinfection byproducts, disinfectants, inorganic chemicals, organic chemicals, and radionuclides has shown that Bozeman's water is of the highest quality. The City’s water facility and service plan guides the extension of water mains into areas of growth as and when development occurs. The plan is based on the objective of providing adequate water flow to meet household, commercial, industrial and irrigation demands, while meeting fire protection needs as well. The distribution system must be able to deliver water in sufficient quantity to all residents and businesses at all times. Ideally, a water distribution system is of a grid layout with supply and storage facilities strategically located to equalize pressure during periods of heavy usage. Dead-end lines should be avoided to reduce the number of customers who would be out of water during periods of line repair. The provision of water for firefighting purposes is as important as, and as consumptive as, that required for domestic and commercial uses, and must be considered when evaluating transmission, storage and distribution facilities. For the City to provide water for domestic and commercial uses and fire protection services through the City’s water treatment and distribution system the City must continue to address its legal access to its sources of water. The City invests in securing and maintain its legal access to 462 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 16 of 25 water rights by its Integrated Water Resources Plan and its employees make ongoing efforts to protect existing water rights and obtain new water rights. The most important priority for the City to ensure long-term availability of water is through water conservation. These efforts will continue. The City may authorize developed areas proposed for annexation to be served by the existing wells even though the use of wells does not meet current standards. Such systems must be abandoned or used solely for irrigation if property redevelops or if a property owner must connect to the City’s water system. Solid Waste Management Solid waste collection, recycling, and disposal services are provided within the City by both the City and private haulers subject to the provisions of Chapter 32 of the Bozeman Municipal Code and Title 75 of the Montana Code Annotated. Refuse collected within city limits is transported to the Logan landfill located approximately 27 miles west of Bozeman. All properties within the City must use a solid waste collection service. Recycling services are optional. The City provides weekly residential pick-up of refuse, while businesses receive, if needed, multiple pick-ups each week. The City utilizes an automated side-arm loader for collection and transportation of garbage to the landfill. The City of Bozeman also supports recycling efforts with bi-weekly residential pick-up. The demand for solid waste collection is typically proportionate to the size of the community. Therefore, as the City of Bozeman accepts annexations, its solid waste service area will increase as well. The City recognizes the provisions of 7-2-4736, MCA in regards to solid waste collection services. Fire Protection Fire protection is dependent upon the size and type of fire protection work force, availability of adequate water, type of equipment and the response time involved. The Bozeman Fire Department currently consists of 46 paid personnel, of which 45 are sworn uniformed fire rescue personnel and one civilian support staff. The City levies property taxes to pay for fire protection services. To provide fire protection within the city, the City must develop and maintain adequate firefighting apparatus, equipment, housing, personnel, and facilities. Mutual aid between the Bozeman Fire Department and departments outside the City, including Central Valley, Hyalite, and Fort Ellis Fire Departments, provide resources that can be requested by any of the departments if additional assistance is needed. 463 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 17 of 25 Currently, the City of Bozeman has an insurance class rating of “2”. The department was last reevaluated in 2017 by the Insurance Services Office (ISO). ISO collects data for more than 48,000 communities and fire districts throughout the country. This data is then analyzed using a proprietary Fire Suppression Rating Schedule. This analysis then results in a Public Protection Classification score between 1 and 10 for the community, with Class 1 representing "superior property fire protection" and Class 10 indicating that an area does not meet the minimum criteria set by the ISO. Currently, hydrant locations in the City are considered adequate in most areas. The Public Works Department and Fire Department work together to identify needs and install new fire hydrants in developed areas that are served by City owned water mains of sufficient capacity to deliver fire flows. At the time of annexation, the City determines how to provide fire protection services; in circumstances of annexation of developed properties, the City may use existing facilities to provide service. Law Enforcement Police services and public safety are vital components of the essential services the City provides to all residents and visitors to the city. The Bozeman Police Department is authorized as of December 2021 for sixty-six sworn police officers, two animal control officers, one crash investigator, four information specialists, one evidence technician, one digital forensic analyst, one fleet maintenance staffer and a number of volunteers. The primary service area is within the city limits of Bozeman. The department also participates in shared teams that work both inside and outside the city limits such as the city-county Special Response Team, the Missouri River Drug Task Force and the Montana Internet Crimes Against Children Task Force. The Bozeman Police Department is responsible for public safety services for all persons who live, work and play within the City. In addition to Bozeman residents, the service demands on the department are also largely influenced by Montana State University student and staff populations, as well as the county residents living outside the city limits that come to Bozeman to work, shop, dine, or recreate. The department’s service population also includes visitors that travel through or stay in Bozeman. These factors obviously affect the numbers of calls for service the department responds to. Other factors that influence the department’s workload are the number, frequency and location of criminal activity, motor vehicle crashes and general calls for assistance. As is the case with all departments within the City, the community’s current rate of growth has the largest impact on the delivery of public safety services. As the City grows both geographically and in population, it is necessary to continue to staff and resource the police department accordingly. The Bozeman Public 464 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 18 of 25 Safety Center is under construction to provide up to date facilities for municipal police and courts. For the annexation of property, law enforcement services are provided at the time of annexation. Parks and Recreation The City provides maintained, publically accessible, parks and trails to all residents and community members. The City’s Park and Recreation Department currently maintains 1,035 acres of park spaces consisting of pocket parks, neighborhood parks, special use parks and community parks as of December 2021. The Department manages and maintains all associated infrastructure within these park spaces (i.e. irrigation systems, pavilions, restrooms, bridges, play structures, etc…). The Parks Division of the Department also maintains 69 miles of trail and path within the City for transportation and recreation. Many homeowners associations contribute to upkeep of neighborhood parks and trails throughout the City. The Department also provides a myriad of recreation and aquatic services to the public of all ages. Under the Department’s cost of service plan, cost recovery is subsidized by the City for some age groups and specific programs resulting in resident discounts. The Department services are tracked for time, equipment and materials allowing the Department to forecast future costs of potential annexations. The City generally maintains public parks and trails currently in existence at time of annexation at the current standard. The assessment is $0.02261 per square foot of property area for all properties as of December 2021. The assessment is limited to a maximum of 15,000 square feet for single-household residential properties, a maximum 15,000 square feet for undeveloped commercial properties, and a maximum of one quarter of the total area for properties zoned public lands and institutions. Recreational services would be extended to residents of newly annexed property at the current resident rate. Finally, all public park and street trees are added to the City tree inventory and maintained as a part of the City’s urban forestry management program. The Forestry Division of the Department manages and maintains over 24,000 street, park and cemetery trees. Forestry also provides and installs at least 175 trees annually in public right-of- way at a subsidized cost to the adjacent property owner. Forestry utilizes a Forestry Management Plan and Emerald Ash Borer Course of Action Plan as master plans in the urban forest management of the City. The City will maintain trees in public parks and rights-of-way at the time property is annexed. As December 2021, the City of Bozeman levies a tree maintenance assessment on properties within the City. Currently, the assessment is $0.003692 per square foot of property area for all properties. The assessment is limited to a maximum of 15,000 square feet for single-family residential properties, a maximum 15,000 square feet for undeveloped commercial properties, and a 465 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 19 of 25 maximum of one quarter of the total area for properties zoned public lands and institutions. Residents and property owners within areas proposed for annexation must recognize assessments are subject to change on an annual basis. Other City Services In addition to the above, the City provides other facilities and services such as Library, sidewalk maintenance, weed abatement, etc. As the City annexes land, these facilities and services will be available to residents and owners of annexed property. DETERMINATION OF ADEQUATE PUBLIC FACILITIES AND SERVICES Montana law requires, at the time of annexation that certain basic services be adequate for the property being served. These services include police and fire protection, streets and street maintenance, solid waste collection and wastewater collection and treatment, and the provision of potable water. As such, this section provides a discussion on the facilities and services required to be addressed by Montana law. The City may provide these services at the time of annexation or the services may be provided by other entities. For example, the City may annex a property and, through its own services, provide police and fire protection and make its solid waste services available. The collection of solid waste may also be provided by private companies. Likewise, the City may determine land proposed for annexation is adequately served by existing on-site wastewater and water services such as septic tanks and wells. This section provides general guidance on the factors the City will consider when analyzing whether existing facilities, infrastructure, or services are adequate to provide basic services to a property proposed for annexation. The City recognizes areas proposed for annexation may have developed under different standards than are required currently in the City for new development. For example, a neighborhood may have developed when the requirement for paved streets with concrete curb and gutter and sidewalks did not exist. Likewise, a neighborhood may have developed where centralized water and wastewater collection systems were not required to be constructed or available to the property. Even though these types of neighborhoods do not meet current City development standards, (i.e. the standards required if the neighborhood were permitted today) the City may nonetheless determine these facilities such as streets and wastewater collection to be adequate as those facilities continue to serve the needs of the owners or residents of the properties. In general, adequate means sufficient for a specific need or requirement or of a quality that is 466 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 20 of 25 acceptable. The City must determine, for each area that is proposed for annexation, whether the services necessary for a property are, at the time of annexation, sufficient to meet the needs of the residents. This analysis will be conducted in the Area Plan serving as an addendum to this Plan that must be developed for each area proposed for annexation. As such, the analysis of whether the services are sufficient to meet the needs of the residents (i.e. are adequate) will be done on a case by case basis as each area will have different infrastructure and facility needs. In doing so, the City will analyze certain factors which are described herein. Streets For streets, the most important consideration in determining the adequacy of existing streets is whether the streets, as they exist at the time of annexation, can provide legal and physical access to the property for its residents and access for mail and delivery services. In addition, another critical consideration is whether the streets can provide access for emergency vehicles for police, fire, and emergency medical response. Other considerations include whether the streets can provide access for solid waste collection. As noted above, the City may annex property even if the street is not constructed to the current standard for new development; there exist currently areas within the City that developed prior to modern standards and the City recognizes these existing areas are adequate. The City determines whether a street is adequate for these purposes and in doing so the City recognizes streets vary in their quality – from streets with deferred maintenance to newly constructed streets – and that streets of varying quality may still be adequate to serve the adjacent properties at their present level of development. The local street right of way in the Riverside Annexation were platted with initial subdivision of the property and are of proper width for a local street. No additional right of way is required. The streets were constructed with a rural standard as was allowed at the time of development. The streets have functioned for over 50 years under the light traffic that exists in the area. No improvements are required with annexation and the streets will retain their existing character. Street maintenance The City recognizes, as noted above, at the time of annexation, the City will typically assume maintenance of newly annexed streets where the street and its accompanying right-of-way have been dedicated to the public. As such, if the City annexes property with a street and its right-of-way that has been dedicated to the public, the City must maintain the streets providing access to the property regardless of whether the street meets current City standards. In 467 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 21 of 25 circumstances where the street and its right-of-way has not been previously dedicated to the public the City may consider accepting a dedication at the time of annexation; if not, the owners of the street may continue to be responsible for maintenance. The streets within the Riverside Annexation are dedicated to the public through the subdivision process or acquired by the Montana Department of Transportation. The Montana Department of Transportation maintains Springhill Road. All other streets within the Riverside Annexation are maintained through RID 308. The RID will continue to function after annexation and will provide for maintenance of local streets. Wastewater Treatment/Sanitary Sewer Montana law recognizes domestic and commercial wastewater may be treated in several ways. These methods include centralized wastewater collection and treatment systems such as provided by the City through its sanitary sewer collection system and its Water Reclamation Facility (WRF). Other systems recognized by Montana law as being adequate to treat wastewater include on-site septic systems. Currently, there are locations within the City that are served by septic systems; as such, like streets that are not built to current City standards, the City recognizes septic systems can be an adequate, although not preferred, method to treat wastewater for existing levels of development. While the City prefers that property connect to its wastewater collection and treatment system, it also recognizes the significant costs to property owners in doing so; as a result, the City may consider existing on-site septic systems as adequate to serve the needs of the property. Factors the City will consider in an Area Plan include, primarily, whether property owners have indicated to the City their septic system is failing. The City may consider other factors including the age of septic systems within an area proposed for annexation but absent direct evidence a property’s septic is failing, the City may consider existing on-site treatment systems as continuing to be adequate. The City also recognizes that it must determine, whether sufficient capacity exists in the City’s wastewater collection system and at its WRF to handle wastewater from the properties proposed for annexation should those properties decide, after annexation, to connect to the City’s system. For the purposes of determining adequacy for annexation, if a property is located within 200 feet of an existing sanitary sewer main the City may consider existing on-site wastewater treatment systems adequate regardless of other factors. The Riverside Water and Sewer District has provided sanitary sewer for the area of the Riverside Annexation. The District sewer collection systems are functioning as designed and 468 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 22 of 25 convey sewage to the central treatment facility. The Riverside central treatment facility has failed and the Riverside Annexation is being completed in order to obtain sanitary sewer service from the City. The City and Riverside will work together to enable an orderly transition of services in accordance with the interlocal agreement approved by the City Commission on December 14, 2021. Waivers of Right to Protest Creation of Special Improvement District have been submitted as part of the annexation request with sufficient waivers to ensure that an SID to construct new sewer facilities to connect the existing collection system to the City’s Water Reclamation Facility cannot be blocked. The City’s Water Reclamation Facility has adequate capacity to accept the additional flow from the Riverside Annexation area. Upon completion of annexation, the creation of a special improvement district, infrastructure design, and construction will begin. It is anticipated that this work will be completed and sanitary sewer treatment service begin in two calendar years. Solid Waste Collection The City requires all property within the City to subscribe to solid waste collection services either through the City’s Solid Waste Division or through a private entity. Subject to the provisions of Chapter 32 of the Bozeman Municipal Code and Title 75 of the Montana Code Annotated, these services will be available to all properties proposed for annexation. The individual customer decides from whom they wish to receive solid waste collection service. Water As with wastewater collection and treatment, Montana law recognizes water for domestic and commercial uses may be provided through centralized systems or through individual on-site wells. Currently, there are locations within the City that are served by wells; as such, like streets that are not built to current City standards, the City recognizes wells may be an adequate source of potable water for the present level of development. While the City prefers that property connect to its centralized water system, it also recognizes the significant costs to property owners in doing so; as a result, the City may consider existing on-site wells as adequate to serve the needs of the property. Factors the City will consider in an Area Plan include, primarily, whether property proposed for annexation has physical and legal access to water and if owners have indicated to the City their potable water system is not able to be used. Absent direct evidence a property’s well is not able to be used, the City may consider the existence of a well as adequate for the supply of potable water. 469 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 23 of 25 Some properties proposed for annexation may currently be served by a community water supply system. Prior to annexation of these properties, the City will analyze whether such existing water systems have significant deferred maintenance or any outstanding water quality or other violations of law; if so, the City may determine such facilities are not adequate. If such facilities are determined to be in compliance with existing State requirements, the City may consider such facilities adequate. In such a case, the City may annex such properties allowing such centralized systems to continue to operate under its existing management and oversight structure. The Riverside Water and Sewer District provides water service within the area of the Riverside Annexation. Per the Interlocal Agreement approved by the City Commission on December 14, 2021 the District will continue to provide water service after annexation. Fire Protection As noted above, at the time of annexation, the City must determine how to provide fire protection services to areas proposed for annexation. The City will do so in the Area Plan. If property is already developed at the time of annexation, the City may determine existing facilities are adequate to provide service. As with other services, not all locations within the City have fire hydrants installed to standards new development is required to meet. Factors the City must consider in analyzing whether the City can provide adequate fire protection services include but are not limited to: (i) the availability of mutual aid from another fire protection agency; (ii) the proximity of existing hydrant systems with adequate flow and pressure; (iii) if known, the fire protection status of buildings that may exist on the property proposed for annexation (e.g., sprinkler systems); and (iv) response times. Notwithstanding the above, the City may consider existing facilities adequate for fire protection even if the nearest fire hydrant is further from a property than existing city development standards require. Law Enforcement Currently, the City considers its law enforcement services sufficient to serve most property proposed for annexation. The City recognizes that with significant growth in calls for service from newly annexed areas the City may need to increase its capacity through additional officers and additional capital investments to support the work of the officers. The City has determined that law enforcement services are adequate to meet the demands of the properties proposed for annexation with the Riverside Annexation. 470 City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 24 of 25 AREA PLAN FOR THE EXTENSION OF SERVICES TO THE RIVERSIDE ANNEXATION Map of the boundaries of the area to be annexed: See Exhibits A and B attached. The area is located within the Riverside Water and Sewer District (District). The District has provided water and sewer services for several decades. The City and District entered into an interlocal agreement addressing the transition of services on December 14, 2021, agenda item G.3. The interlocal agreement is incorporated into this extension of service plan by this reference. The area is currently located within the service area of the Central Valley Fire District. Upon annexation fire services will be provided by the Bozeman Fire Department on the same basis as other properties in the City. Law enforcement is presently provided by the Gallatin County Sheriff’s Department. After annexation law enforcement services will be provided by the Bozeman Police Department on the same basis as other properties in the City. Solid waste collection is presently provided by private providers. Annexation will not change availability of private haulers but will make City of Bozeman solid waste services available to property owners who wish them on the same basis as other properties in the City. Stormwater control in the area is provided by bioswales along the existing road surfaces. Access to general governmental services such as parks, library, city clerk, and others will be on the same basis as other Bozeman citizens. The City has determined that the Riverside Annexation meets the requirements of Sections 7-2- 4734 and 7-2-4735, MCA. The annexing property is contiguous, the City is annexing the entire width of right of way and land adjacent to the local streets. The annexation conforms to the growth policy as shown in the annexation and zone map amendment staff report. The City will coordinate the effective date of the annexation to enable a smooth transition of emergency and other governmental services. 471 Ord 2096 Page 1 of 7 ORDINANCE 2096 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 13.113 ACRES AS R-1, RESIDENTIAL LOW DENSITY DISTRICT, 28.176 ACRES AS R-2 RESIDENTIAL MODERATE DENSITY DISTRICT, AND 11.746 ACRES AS R-4 RESIDENTIAL HIGH DENSITY DISTRICT, THE RIVERSIDE ZONE MAP AMENDMENT, APPLICATION 21426 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 Community Development Board has been created by Resolution 5330; and WHEREAS, the City of Bozeman Community Development Board has been assigned the duties of the Zoning Commission required by Section 76-2-307 MCA; and WHEREAS, Division 38.260 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in its capacity as the Zoning Commission held a public hearing on January 24, 2022 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Community Development Board in its capacity as Zoning Commission recommended to the Bozeman City Commission that application No. 21426 the Riverside Zone Map Amendment, be approved as requested by the applicant; and 472 Ordinance No. 2096, Riverside Zone Map Amendment Page 2 of 7 WHEREAS, after proper notice, the City Commission held its public hearing on February 8, 2022, 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 is 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. A Zoning Commission has been established as required in state law and it conducted the required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested R-1, R- 2, and R-4 districts. The recommendation of the Zoning Commission was provided to the 473 Ordinance No. 2096, Riverside Zone Map Amendment Page 3 of 7 City Commission prior to the City Commission public hearing. 7. The City Commission conducted a public hearing on February 8, 2022 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. 21426 the Riverside Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby established as R-1, Residential Low Density District: The property is 13.113 acres described as: Those portions of Sections 23, and 26, in Township 1 S. Range 5 E., Principle Meridian of Montana, in Gallatin County, Montana, more particularly described as follows: Tract 1, Tract 2, and Tract 3 of Certificate of Survey No. 3030, as shown on Document No. 2698796; And the tract of land dedicated parkland and access from the Park to Gallatin Dr. as shown on Certificate of Survey No. 674, film 48, page 2014. All as depicted on the Riverside Zone Map Amendment Map. Section 3 That the zoning district designation of the following-described property is hereby established as R-2, Residential Moderate Density District: The property is 28.176 acres described as: Those portions of Sections 23, 25, and 26, in Township 1 S. Range 5 E., Principle Meridian of Montana, in Gallatin County, Montana, more particularly described as follows: Lots 1 through 9, inclusive, of Block 1 of Riverside Manor Subdivision; the Park in between Block 1 and Riverside Drive of Riverside Manor Subdivision; Lots 1 through 50, inclusive, of Block 2 of Riverside Manor Subdivision; the platted rights of way for Riverside Drive and Park 474 Ordinance No. 2096, Riverside Zone Map Amendment Page 4 of 7 Plaza Road of Riverside Manor Subdivision; remaining platted access tracts and access gaps as shown on the Riverside Manor Subdivision plat G-36. All as depicted on the Riverside Zone Map Amendment Map. Section 4 That the zoning district designation of the following-described property is hereby established as R-4, Residential High Density District: The property is 11.746 acres described as: Those portions of Sections 26, in Township 1 S. Range 5 E., Principle Meridian of Montana, in Gallatin County, Montana, more particularly described as follows: Lots 101A, 101B, 101C, and 101D of the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-A; Lots 102 A-1, 102 B-1, 102 C-1, and 102 D-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-K; Lot 4 of Block 4 of Riverside Manor Subdivision as shown on plat G-36; Lots 105A-1, 105B-1, and 105C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-E; Lots 105E-1 and 105F-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-M; Lots 107A-1, 107B-1, and 107C-1, of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-L; Lots 109A, 109B, 109C, and 109D, of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57; Lots 1 through 4, inclusive, of the Amended Plat of a Portion of Block 4 of Riverside Manor Subdivision as shown on plat G- 36-C; Lots 112 A-1, 112 B-1, and 112C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-G; Lot 112D-1A of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-I; Lots 113A-1, 113B-1, 113C-1, and 113D-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-F; Lots 114A-1, 114B-1, and 114C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-H; Lots 116A-1, 116B-1, and 116C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-N; Lots 1A and 1B of the Riverside Manor Subdivision Plat Amendment as shown on plat No. G- 36-B; 475 Ordinance No. 2096, Riverside Zone Map Amendment Page 5 of 7 Lots 2A-1, 2B-1, and 2C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-D; Lots 3A-2, 3B-1, and 3C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-P; Lots 5A-1, 5B-1, 5C-1, and 5D-1; together with the access area added to the existing access tract, all on the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-O; Lots 7A-1, 7B-1, 7C-1, and 7D-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-C; Lots 8A-1, 8B-1, 8C-1, and 8D-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-J; Lots 10A, 10B, 10C, and 10D of the Amended Subdivision Plat of Riverside Manor as shown on plat G-36-D; Lots 11A, 11B, 11C, and 11D of the Amended Subdivision Plat of Riverside Greens as shown on plat J-57; And the platted rights of way for Gallatin Drive of Riverside Manor Subdivision and remaining platted access tracts and access gaps as shown on the Riverside Manor Subdivision plat G-36. All as depicted on the Riverside Zone Map Amendment Map. Section 5 That the zoning district designation of the right of way within the Riverside Annexation, Resolution 5355, is hereby established: All that right of way not otherwise included in Sections 2-4 shall be zoned in accordance with the guidelines for zoning boundaries in Section 38.300.050, BMC which directs extension of the area of adjacent zoning districts to the centerline of Springhill Road. 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 7 476 Ordinance No. 2096, Riverside Zone Map Amendment Page 6 of 7 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 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 8th day of February, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 477 Ordinance No. 2096, Riverside Zone Map Amendment Page 7 of 7 ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2022. The effective date of this ordinance is 30 days after final adoption of this Ordinance or the effective date of Resolution 5355 whichever is later. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 478 479 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Community Development Director SUBJECT:Carroll on Main Zone Map Amendment Requesting Amendment of the City Zoning Map for Two Existing Lots Consisting of Approximately 7.33 Acres and the Accompanying Adjacent Right-of-way from B-2 (Community Business District) to B-2M (Community Business District-Mixed), Application 21438 MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21438 and move to approve the Carroll on Main Zone Map Amendment, with contingencies required to complete the application processing. 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 owner and applicant, Carroll on Main, LLC, 201 Elm Street, Greensboro, NC submitted an application to rezone two (2) parcels totaling 7.33 acres from B-2 to B-2M. The property currently hosts the Dollar Spree and Gallatin Valley Garden Center property. Although no future development plans were submitted or required with the application, based on the applicant narrative it appears future development will be “mixed-use.” The adjacent property on the southwest corner of the subject property is also owned by Carroll on Main, LLC. Kirk Park is directly to the north of the norther parcel with direct access from West Main Street and North 20th Avenue. The parent tract for both parcel was created prior to the addition of the Montana Subdivision and Platting Act by the West Park Manor plat recorded in 1964. This plat created Kirk Park. In 1975 COS 133 was used to create the parcel the Dollar Spree store sits on and subsequently, Minor Subdivision 72 was filed to carve out an additional parcel that now hosts Jiffy Lube. The primary differences between the B-2 and B-2M districts are slight 480 differences in building height, more permissive residential use, and reduction of parking requirements. Building height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B-2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor in without a Conditional Use Permit in the B-2M zone and may be permitted in the B-2 district with an approved CUP. Application materials can be viewed from on the City’s Laserfiche Repository UNRESOLVED ISSUES:There are no unresolved issues with this application. ALTERNATIVES:1. Approve the application with contingencies as presented; 2. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 3. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. Attachments: 21438 Carroll ZMA CC Staff Report.pdf Report compiled on: March 24, 2022 481 Page 1 of 36 21438, Staff Report for the Carroll on Main Zone Map Amendment Public Hearing Date(s): Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on March 7, 2022 at 6:00 pm. City Commission public hearing will be held on April 5, 2022 at 6:00 pm. Project Description: The Carroll on Main zone map amendment requesting amendment of the City Zoning Map for two existing lots consisting of approximately 7.33 acres and the accompanying adjacent right-of way from B-2 (Community Business District) to B-2M (Community Business District-Mixed). Project Location: The property is located on the north side of the intersection of West Babcock Street and Main Street, Addressed as 2121 West Main Street and more thoroughly described as Tract 1 of COS 133-A and Lot 2 Minor Subdivision No. 72, both situated in the Northeast One-Quarter (NE ¼) of Section 11, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana. Recommendation: Meets standards for approval Community Development Board Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21438 and move to recommend approval of the Carroll on Main Zone Map Amendment, with contingencies required to complete the application processing. Recommended Commission Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21438 and move to approve the Carroll on Main Zone Map Amendment, with contingencies required to complete the application processing. Report Date: March 18, 2022 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action – Legislative 482 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 2 of 36 EXECUTIVE SUMMARY Unresolved Issues None identified at this time. Project Summary The owner and applicant, Carroll on Main, LLC, 201 Elm Street, Greensboro, NC submitted an application to rezone two (2) parcels totaling 7.33 acres from B-2 to B-2M. The property currently hosts the Dollar Spree and Gallatin Valley Garden Center property. Although no future development plans were submitted or required with the application, based on the applicant narrative it appears future development will be “mixed-use.” The adjacent property on the southwest corner of the subject property is also owned by Carroll on Main, LLC. Kirk Park is directly to the north of the norther parcel with direct access from West Main Street and North 20th Avenue. The parent tract for both parcel was created prior to the addition of the Montana Subdivision and Platting Act by the West Park Manor plat recorded in 1964. This plat created Kirk Park. In 1975 COS 133 was used to create the parcel the Dollar Spree store sits on and subsequently, Minor Subdivision 72 was filed to carve out an additional parcel that now hosts Jiffy Lube. The primary differences between the B-2 and B-2M districts are slight differences in building height, more permissive residential use, and reduction of parking requirements. Building height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B- 2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor in without a Conditional Use Permit in the B-2M zone and may be permitted in the B-2 district with an approved CUP. Application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=258206&cr=1 Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on March 7, 2022. After consideration of the application materials, Staff report, and public comment the Board voted unanimously to recommend approval of the Zone Map Amendment. The video recording of the public hearing is available at: https://bozeman.granicus.com/player/clip/252?view_id=1&redirect=true 483 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 3 of 36 Public comment has been received on this application. Comments can be reviewed at the following link: https://weblink.bozeman.net/WebLink/browse.aspx?id=259809&dbid=0&repo=BOZEMAN Alternatives 1. Approve the application with contingencies as presented; 2. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 3. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. 484 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 4 of 36 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 5 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 11 Section 76-2-304, MCA (Zoning) Criteria ....................................................................... 11 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 21 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 22 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 22 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 23 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 36 FISCAL EFFECTS ................................................................................................................. 36 ATTACHMENTS ................................................................................................................... 36 485 Page 5 of 36 SECTION 1 - MAP SERIES Figure 1: Aerial Image from Application – Google Earth 486 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 6 of 36 Figure 2: Vicinity Map (2021 image) Subject properties Kirk Park 487 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 7 of 36 Figure 3: Vicinity Map (2021 image) Subject property 488 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 8 of 36 Figure 4: Current Zoning Map (2021 image) B-2 R-O R-3 R-3 R-3 B-2 Subject property R-O R- 2 R-3 B-2M 489 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 9 of 36 Figure 5: Future Land Use Designations (2021 image) Subject property Community Commercial Mixed Use Urban Neighborhood Urban Neighborhood Parks and Open Lands 490 Page 10 of 36 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish the amended municipal zoning designation of B-2M shall be identified as the “Carroll on Main Zone Map Amendment”. 2. The applicant must submit a zone amendment map, titled “Carroll on Main Zone Map Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and total acreage of the property. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Development Review Committee (DRC) considered the amendment on December 15, 2021. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on this zone map amendment on March 7, 2022 and forwarded favorable recommendation to the City Commission on the zone map amendment. The meeting was held through WebEx. Instructions on joining the meeting was included on the meeting agenda. The meeting started at 6 p.m. The City Commission will hold a public hearing on the zone map amendment on April 5, 2022. The meeting will conducted in person or through WebEx. Instructions on joining the meeting will be included on the meeting agenda. The meeting will begin at 6 p.m. 491 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 11 of 36 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” 492 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 12 of 36 The area of this application is within the annexed area of the City and where there is anticipated redevelopment within the City as discussed below. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Community Commercial Mixed-Use. The Community Commercial Mixed-Use designation description reads: “The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table, both B-2 and B-2M districts are implementing district of the Community Commercial Mixed-Use category. 493 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 13 of 36 Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. The Applicant argues the proposed zone change in accordance with the Growth Policy by arguing, “… the B-2M zoning district will allow various housing options and community commercial space tailored to the surrounding area.” It should be noted that according to the Tables 38.310.040.A, B, and C there are no differences in uses between the B-2 and the B-2M zoning districts. There are however, important differences between the two districts. The primary differences between these two districts is that B-2M requires less parking for most uses, the ease in which residential uses may be established on the ground floor, and minor increase in building mass through setbacks and building height. 494 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 14 of 36 The Bozeman Community Plan 2020 focuses on these differences between the B-2 and B- 2M as desired outcomes to adapt to the needs of the community. This mix of development at densities appropriate for a growing urban area is therefore grounded on tenets of the Community Plan. Moreover, the B-2M zoning proposed through this application fosters flexibility to address both current market trends and long term land use goals for the subject property. The Community Plan includes several goals and objectives that are broadly served through this application, including: Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and minimize disruption to the public. DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. 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-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric scooters, powered wheelchairs, etc.).” N-1.11 Enable a gradual and predictable increase in density in developed areas over time. No conflicts with the Growth Policy have been identified. B. Secure safety from fire and other dangers. Criterion met. The subject property is currently served by City of Bozeman Fire and Police Departments. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The change from B-2 to B-2M is not likely to adversely impact safety from fire and other dangers. C. Promote public health, public safety, and general welfare. Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate 495 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 15 of 36 water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Section 6, Criterion A, shows advancement of the well- being of the community as a whole. See also Criterion B. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section 4, Criteria B, C, & D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site. For example, at the time of annexation, the final intensity of development is unknown and it may be many years before development occurs and the impacts are experienced. The availability of other planning and development review tools must be considered when deciding the degree of assurance needed to apply an initial zoning at annexation.” The City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new development. See page 19 of the BCP 2020 for a listing. The City implements these plans through its capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction for infrastructure. Private development must demonstrate compliance with standards prior to construction. Dedication of school facilities is not required by municipal zoning standards. However, School District 7 will have opportunity to review and comment on future development. The subject properties are within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. 496 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 16 of 36 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” E. Reasonable provision of adequate light and air. Criterion met. This criterion is not about individual preferences for a given degree of visual openness but about preservation of public health. The B-2M district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion met. The subject properties have not undergone subdivision review and are relics without full transportation network such as sidewalks, bike lanes, stormwater facilities, and similar infrastructure. Additionally, potential future development within a zoning district of B- 2M will likely affect the City’s motorized and non-motorized transportation system with increased traffic although not a guarantee. The existing 50,000 square foot building and accessory uses on site generate considerable traffic. However, future development may require a Traffic Impact Study to identify the extent of increased traffic volumes and specify required infrastructure improvements to serve the development. Future development and redevelopment of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks, and improvements to the transportation network to serve the site, which will improve the overall transportation system. These improvements include provisions for non-motorized transportation systems. The change in zoning district will have minimal 497 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 17 of 36 effect on required road improvements, pedestrian or bicycle facilities, or similar compliance with standards. The site has a Walk Score of 61, a Transit score of 22, and Bike Score of 70. Average walk score for the city as a whole is 49 (up from 48) out of 100. According to Walk Score® the walks score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. 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. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. G. Promotion of compatible urban growth. Criterion met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). The City’s future land use map designates the properties as Community Commercial Mixed- Use. These designations correlate with several zoning districts including the B-2M district proposed by the applicants. The districts were developed by the City to promote appropriate urban growth compatible with the areas of the City as identified on the future land use map. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicants, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. 498 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 18 of 36 The applicant provides additional support by stating, “The designation this site as B-2M offers additional design flexibility to and will offer future development to unfold compatible with development adjacent to the existing zones. The flexibility offered by B-2M zoning will allow the site to respond to and meet the demands of the surrounding neighborhoods, providing complimentary retail, commercial uses, offices, and restaurants to serve the needs of the community of Central Bozeman. All future design and construction will be compatible with the UDC site and design standards, further ensuring compatibility for this site.” H. Character of the district. Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. This is especially true when applying zoning to undeveloped areas as any new construction will alter the physical characteristics of the area. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed B-2M district to be compatible with adjacent development’s mixed-use characteristics and uphold the unique character of the area. The site has an existing commercial building, parking area, other commercial businesses, and undeveloped area. There are a wide variety of uses adjacent to the site including residential and commercial. A review of the uses allowed in the proposed zones shows many similarities with existing and authorized uses in the surrounding area. Therefore, the change in zoning does not appear to conflict with the character of the area. 499 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 19 of 36 I. Peculiar suitability for particular uses. Criterion met. Future uses for construction on the site are not finalized at this time, so the suitability of the site for particular uses is not easily evaluated. However, considering the context of the site with a robust transportation system, large park area directly adjacent, major streets serving the property, existing city services established, and the variety of land uses in the immediate area, the proposed B-2M district allows for more similar configuration of uses as the surrounding area, even though the B-2M district is a more intensive district than the existing B-2 zoning generally allows. As shown in Figure 4, the property is bounded by B-2 zoning on the east and south, R-O and R-3 zoning to the west, and public lands to the north (Kirk Park). The site includes redevelopment and infill opportunities. The proposed B-2M district can support many types of urban development that are likely to serve the immediate area as a result of its location and proximity to residential areas to the west. Final determination of suitability will occur during the site development process. J. Conserving the value of buildings. Criterion met. The site has an existing commercial building, semi-permanent greenhouse structures, a large associated parking area, and undeveloped areas hosting a considerable amount of noxious weeds. B-2M zoning will allow for new and diverse development patterns on the subject parcel that compliment development on adjacent sites. Future development must comply with the Bozeman Unified Development Code which will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building values as the development pattern will be appropriate to the surrounding character of the district. The values of some buildings may improve in the future as new and improved amenities are provided to the area as the site is developed according to the proposed B-2M district, while other buildings’ values are unlikely to be impacted largely due to a robust real estate market and lack of unmitigated offensive uses allowed by the proposed zoning district. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion met. As stated above, the BCP 2020 illustrates the most appropriate use of the land through the future land use map. This application complies with the BCP 2020 by proposing zone map amendments of districts that continue to implement the future land use map designations. In this case, urban mixed-use development have been identified by the community as the most appropriate types of development for the property. The Unified Development Code contains standards, protections and review processes to ensure the land is developed in ways that are appropriate to a site’s context and according to the BCP 2020. Similarly, as stated by the applicant, “… the Bozeman Community Plan illustrates the most appropriate use of the land. In this case Community Commercial Mixed Use development has 500 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 20 of 36 been identified by the community as the most appropriate types of development for the property. The Unified Development Code contains standards, protections and review processes to ensure the land is developed in ways that protect and promote public health, safety, and general welfare.” Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. 1. Is the proposed use significantly different from the prevailing land uses in the area? No. This criterion includes the modifier ‘significantly.’ It is not prohibited to have uses that are different. To be a Yes, the reviewer must demonstrate a ‘significant difference.’ The differences between B-2 and B-2M are small and not significant. Allowed uses are identical although their integration into a single building does vary. As noted above, parking requirements are considerably less in the B-2M district that the B-2 district. As a result, the proposed B-2M zoning designation would not result in primary uses of the site which are significantly different from prevailing land uses in the area. Finally, adjacent properties underwent a similar request and was found to be compliant with adopted plans and met the review criteria for rezoning to B-2M. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Yes. The proposed zoning change benefits one property owner. However, the B-2M zoning designation is an implementing district to the commercial land use designation and may be utilized by any other property owners who wish to employ the B-2M district to their respective property. In addition, there is no difference in permitted uses between a B-2 and B-2M district. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. No substantial negative impacts to the surrounding landowners or the general public have been identified due to this amendment. While the number of landowners who will directly benefit from the proposed zone map amendment is small (one), the proposed amendment is not at the expense of surrounding landowners or the general public. As discussed above in the various review criteria, no substantial negative impacts have been 501 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 21 of 36 identified due to this amendment. The proposed B-2M zoning designation will allow for a variety of uses conducive to the Community Commercial Mixed Use land use designation. Further, as discussed in Criterion A, the application is consistent both the City’s and the County’s growth policy. The growth policy is the overall land use policy for the community. Consistency with the growth policy demonstrates benefit to the general public. As discussed under Criterion D, the City’s development standards will require the applicant to provide the needed infrastructure to support any proposed development prior to construction. Concurrency and adequacy of infrastructure remove most potential injury to others. As discussed in Criterion H, the application is similar and consistent with the existing and developing character of the area. Therefore, the amendment does not benefit the landowner at the expense of others. Development of the site in any manner may create additional demand for services and change the character of the site as a large retail space and substantial parking area. A change to an urban district does not inherently injure the surrounding landowners. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address and legal description of the property), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. 502 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 22 of 36 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND A zone map amendment requesting amendment of the City Zoning Map for two existing lots consisting of approximately 7.33 acres from B-2 (Community Business District) to B-2M (Community Business District-Mixed). The property currently hosts the Dollar Spree and Gallatin Valley Garden Center property. The El Rodeo Mexican food bus has vacated the premises. Although no future development plans were submitted or required with the application, based on the applicant narrative it appears future development will be “mixed-use.” The adjacent property on the southwest corner of the subject property is also owned by Carroll on Main, LLC. Kirk Park is directly to the north of the norther parcel with direct access from West Main Street and North 20th Avenue. The parent tract for both parcel was created prior to the addition of the Montana Subdivision and Platting Act by the West Park Manor plat recorded in 1964. This plat created Kirk Park. In 1975 COS 133 was used to create the parcel the Dollar Spree store sits on and subsequently, Minor Subdivision 72 was filed to carve out an additional parcel that now hosts Jiffy Lube. The primary differences between the B-2 and B-2M districts are slight differences in building height, more permissive residential use, and reduction of parking requirements. Building height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B- 2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor in without a Conditional Use Permit in the B-2M zone and may be permitted in the B-2 district with an approved CUP. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US first class mail to all owners of property located inside the site and within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on February 20 and 27, 2022. The Community Development Board acting in their capacity as the Zoning Commission hearing is scheduled for March 7, 2022 and the City Commission public hearing is scheduled for April 5, 2022. Public comment has been received on this application. Comments can be reviewed at the following link: https://weblink.bozeman.net/WebLink/browse.aspx?id=259809&dbid=0&repo=BOZEMAN 503 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 23 of 36 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as community commercial mixed use in the Bozeman Community Plan 2020 future land use map – see descriptions below. “Community Commercial Mixed Use.” The growth policy states that, “activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings…High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile… Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development.” The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of B-2M correlates with the Growth Policy’s future land use designation of “Community Commercial Mixed Use”. 504 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 24 of 36 505 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 25 of 36 Proposed Zoning Designation and Land Uses: The applicant has requested zoning of 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 design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit”. Table 38.310.040.A Permitted general and group residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses Zoning Districts Commercial Mixed Use Industrial PLI B-1 1 B-2 B-2M B-3 UMU RE MU NEHMU 2 BP M-1 M-2 General sales Automobile, boat or recreational vehicle sales, service and/or rental — — — — — — P — P P — Automobile fuel sales or repair (38.360.070)* S S S S S S P — P P — Convenience uses (38.360.100)* — P P C C P P — — — — 506 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 26 of 36 Heavy retail establishment (Retail, large scale - 38.360.150)* — P P C P C P — P P — Restaurants* P 3 P P P P P P 1,500sf — P 3 P 3 — Retail* • 0-5,000sf GFA P 4 P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C 7 A 6 C 7 — • 5,001-24,999sf GFA — P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C 7 A 6 C 7 — • 25,000sf-39,999sf GFA — P 4 P 4 P 4 P 4 — A 6 C 7 A 6 A 6 C 7 A 6 C 7 — • Over 40,000sf GFA (Retail, large scale - 38.360.150)* — P 4 P 4 — S — — — — — — Sales of alcohol for on-premises consumption (38.360.060) S 8 S 8 S 8 S 8 S 8,9 S 8,9 S 8 — C 8,10 C 8,10 — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this table). 3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is less, or occupying not more than 45 percent of the gross floor area of a food processing facility. 4. Excluding adult businesses as defined in section 38.700.020 of this chapter. 5. Special REMU district conditions based on the amount of on-site retail uses: 507 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 27 of 36 a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are limited to no more than four structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C. b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are limited to no more than two structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C. 6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20 percent of gross floor area or 10,000 square feet, whichever is less. 7. Retail establishments as a primary use are conditionally permitted. 8. Also subject to chapter 4, article 2. 9. No gaming allowed. 10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with the following conditions: a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility; and/or b. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000 square feet or 50 percent of the facility, whichever is less. Table 38.310.040.B Permitted services and temporary lodging uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. Uses Zoning Districts Commercial Mixed Use Industrial PLI 508 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 28 of 36 B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 Personal and general service Animal shelters — — — — — — C — S S — Automobile washing establishment* — P P C C C P — P P — Daycare—Family, group, or center* P 3 P 3 P 3 P 3 P 3 P 3 S/A S/A 4 C/A 4 C/A 4 C General service establishment* P P P P P P P C P C — Health and exercise establishments* P S P P P P P P C P P — Heavy service establishment* — P P C P C P — P P — Medical and dental offices, clinics and centers* P 3 S P 3 P 3 P 3 P 3 P 3 P P P P — Mortuary — S S S S — — — — — — Offices* P 3 S P 3 P 3 P 3 P 3 P 3 P P 5 P P — Personal and convenience services* P P P P P P A A A A — Truck repair, washing, and fueling services — — — — — — C — C P — Temporary lodging Bed and breakfast* — — — — — P C — — — — 509 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 29 of 36 Short Term Rental (Type 1)* — P P P P P P — — — — Short Term Rental (Type 2)* — P P P P P P — — — — Short Term Rental (Type 3)* — P P P P P — — — — — Hotel or motel* — P P P P P 40,000sf P — P P — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this table). 3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set forth in section 38.510.020. 4. If primarily offering services to a single business or group of businesses within the same building or building complex. 5. Professional and business offices only. Table 38.310.040.C Permitted residential uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. Uses Zoning Districts Commercial Mixed Use Industrial PLI 510 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 30 of 36 B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 General residential Accessory dwelling unit (38.360.040) — — — — — P P — — — — Apartments* 3 P 4 P 4 P 5 P 5 P P A 6 — A 6 A 6 — Apartment buildings* 3 — C P P 5 P P — — — — — Cottage housing* (38.360.110) — — — — — P — — — — — Single household dwelling (38.360.210) — — — — — P P — — — — Three household dwelling or four-household dwelling (38.360.210) — — — — — P — — — — — Townhouses* 3 & rowhouses* (38.360.240) — C 7 P 7 P 7 — P 8 P — — — — Two-household dwelling (38.360.210) — — — — — P P — — — — Live-work units* P P P P P P P — — — — Ground floor residential C P 5 P 5 — — — — — — — Group residences Community residential facilities with eight or fewer residents* P 4 P 4, 5 P 4, 5 P 4, 5 P 4, 5 P P — — — — 511 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 31 of 36 Community residential facilities serving nine or more residents* - C C — P P — — — — — Cooperative household* — — — — — P C — — — — Group living (38.360.150)* P 4 P 4 P 5 P 4 — P P — — — — Lodging houses* — C C 5 C 3 P P — — — — — Transitional and emergency housing and related services (38.360.135)* — S S S S S S S S — S Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 3. May be subject to the provisions of chapter 38, article 380. 4. When located on the second or subsequent floor, or basement as defined in section 38.700.030 of this chapter. Lobbies associated with residential uses are allowed on the ground floor. 5. Non-residential uses (except for lobbies associated with residential uses) are required on the ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to designated storefront streets per section 38.500.010. 6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of the building, and not located on the ground floor. 7. Five or more attached units. 8. Five or fewer attached units. Table 38.310.040.D Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 512 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 32 of 36 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. Uses Zoning Districts Commercial Mixed Use Industrial PLI B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 Industrial and Wholesale Junk salvage or automobile reduction/salvage yards — — — — — — — — — C — Manufacturing, artisan* P P P P 3 P P P P P P — Manufacturing (light)* — S S C 4 P 5 P 6 P P 5 P 5 P — Manufacturing (moderate)* — C C — — — P P P P — Manufacturing (heavy)* — — — — — — — — C P — Outside storage — — — — — — P A P P — Refuse and recycling containers A A A A A A A A A A — Warehousing* — — — — — — P — P P — Warehousing, residential storage (mini warehousing) (38.360.180)* — — — — — — P — P P — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 513 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 33 of 36 3. For uses in the downtown core as described below, a high volume, pedestrian-oriented use adjoining the building's entrance on Main Street is required. The downtown core includes those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street. 4. Except on the ground floor in the downtown core (those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street). 5. Completely enclosed within a building. 6. Limited to 5,000 square feet in gross floor area. Additional uses for telecommunication facilities are provided for in division 38.370 of this article. Table 38.310.040.E Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. Uses Zoning Districts Commercial Mixed Use Industrial PLI B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 Public, educational, government and regional Business, trade, technical or vocational school — P P P 3 P P P P P P — Cemeteries* — — — — — — — — — — P 514 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 34 of 36 Essential services (38.360.140) • Type I A A A A A A A A A A A • Type II P P P P P P P P P P P • Type III C 4 P P C 4 C C 4 P C P P P P Meeting hall - P P P P P — — — — — Production manufacturing and generation facilities (electric and gas) — — — — — — — — — S — Public and nonprofit, quasi- public institutions, e.g. universities, elementary junior and senior high schools and hospitals — — — — — — — — — — P Public buildings and publicly owned land used for parks, playgrounds and open space P— P— P P P P P P P P P Solid waste transfer station — — — — — — — — — C P Solid waste landfill — — — — — — — — — — C Truck, bus and rail terminal facilities — — — — — — P — P P — Recreational, cultural and entertainment Adult business (38.360.050)* — — — — — — — — P P — Amusement and recreational facilities — P P — P — P — P C — 515 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 35 of 36 Arts and entertainment center* P P P P P P 12,000sf — — — — — Casinos — — — — — — — — C C — Community centers (38.360.080)* P P P P P P P P P P P Accessory and/or other uses Agricultural uses* — — — — — — — — — P — Home-based businesses (38.360.140)* A A A A A A A A A A — Other buildings and structures (typically accessory to permitted uses) A A A A A A A A A A A Temporary buildings and yards incidental to ongoing construction work — — — — — — A A A A — Any use, except adult businesses and casinos, approved as part of a planned unit development subject to the provisions of division 38.430 C C C C C C C C 5 C 5 C 5 — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 3. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set forth in section 38.510.020. Otherwise, the applicable use is permitted when located on the second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter. 4. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 5. Also excludes retail, large scale uses. 516 21438 Staff Report for the Carroll on Main Zone Map Amendment Page 36 of 36 Additional uses for telecommunication facilities are provided for in division 38.370 of this article. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Carroll on Main, LLC, 201 Elm Street, Greensboro, NC 27401 Applicant: SMA Architecture + Design, 428 E Mendenhall Street, Bozeman, MT 59715 Representative: SMA Architecture + Design, 428 E Mendenhall Street, Bozeman, MT 59715 Report By: Tom Rogers, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=258206&cr=1 517 Memorandum REPORT TO:City Commission FROM:Dani Hess, Community Engagement Coordinator Melody Mileur, Communications and Engagement Manager Jeff Mihelich, City Manager SUBJECT:Resolution 5384 Establishing the City of Bozeman as a City for CEDAW (Convention on the Elimination of Discrimination Against Women) MEETING DATE:April 5, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5384 Establishing the City of Bozeman as a City for CEDAW (Convention on the Elimination of Discrimination Against Women) STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity through policies and public awareness. BACKGROUND:CEDAW Initiative Background In 1979, the United Nations General Assembly adopted the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), which became an international treaty with 187 nations. The treaty has been described as an international bill of rights for women, yet the United States was not among the nations that ratified this treaty. “Cities for CEDAW” is a nation-wide initiative launched in 2013 by the Committee on the Status of Women. The initiative empowers and encourages municipalities to adopt the principles of CEDAW through ordinance or resolution. The Bozeman for CEDAW Initiative is a non-partisan, all volunteer effort by community members that grew out of a request to the Bozeman City Commission to adopt a City for CEDAW Resolution in May of 2018. The CEDAW framework as outlined in the Bozeman for CEDAW 2019 Report & Recommendations to Advance the Status of All Women and Girls consists of three priorities: 1. Data: Complete a “comprehensive intersectional gender analysis of the city’s policies, budget, and workforce with other demographic factors” 2. Accountability: “Appoint a Commission or Task Force” 3. Action: “Design an Action Plan to redress areas of gender and other identified discriminations” 518 Current Progress In December of 2021, the Bozeman City Commission listed CEDAW as a strategic plan priority for 2022-2023 . Inclusive City Initiative Background In response to local and national calls for action to address violence against Black, Indigenous, and People of Color (BIPOC), the Bozeman City Commission directed the City Manager to review the city’s policies, training, and frameworks in the specific areas of treatment of minority populations, de-escalation policies, use of force, and the citizen appeal process, comparing them to national best practices and reporting the findings to the commission within 90 days. One of the recommendations tasked to the City Manager’s Office was to Develop a City Diversity, Equity and Inclusion plan to engage stakeholders and identify gaps community wide and to implement policies that help all persons in Bozeman thrive regardless of economic, racial, cultural, or gender identity. The first phase of this effort was launched in early 2021. Before creating a plan, the City prioritized data collection and community engagement to identify and characterize racial, ethnic, ability, socioeconomic and gender- based inequities and gaps in services and resources in Bozeman. The Gaps Analysis & Equity Indicators project reached over 70 individuals for one-on-one interviews, focus groups with local professionals in healthcare, education, childcare, economic development, social justice advocacy, and communities of worship. A diverse representation of over 1,500 community members responded to a survey on gaps in services and perceptions of equity in our community. Community members participated in two online forums to review draft indicators and provide feedback. The City of Bozeman’s Equity Indicators project provided over 50 recommended indicators in the Equity Indicators Report. The indicators provide baseline metrics on inequities across race, ethnicity, age, gender, ability and life circumstance. Equity Indicators are defined as a specific measurement that quantifies the disparity in experience between a community average and a given identity or characteristic (race, ethnicity, gender identity, ability, socioeconomic status). Disaggregating data by race, ethnicity, gender identity, ability and socioeconomic factors was a priority of this project. Data availability and reliability when comparing more than one identity (ie: race, gender, age) for a given outcome (ie: housing cost burden) proved to be a limitation given Bozeman’s small overall population (about 54,000), and proportion of the community (less than 10%) identifying as a person of color (Black or African 519 American, Indigenous or Native American, Asian, Latinx or Hispanic, or multiracial). For some indicators, reporting outcomes for a given race or gender identity risks inadvertently identifying students, patients, employees etc. because of small numbers. To address this limitation, ongoing data collection that is disaggregated by these factors without compromising individual identities is a priority of the City of Bozeman and partners involved in local data sharing agreements. Current Progress: Currently, the City is launching the development an Equity & Inclusion plan. A Core Team of 20 City of Bozeman staff, representing diverse identities, work roles, leadership levels, and tenures with the City of Bozeman will guide this effort over the next 18 months. Members of the “Belonging in Bozeman” Core Team have completed the first in a series of four workshops on the foundations of equity, diversity, and inclusion and how their personal experiences and professional expertise will contribute to equity and inclusion efforts. Existing and new external partners involved in the development of the Equity & Inclusion Plan will include local diversity, equity, and inclusion experts and community organizations providing services and addressing needs identified by the 2021 Gaps Analysis & Equity Indicators. The Economic Vitality Board reviewed draft Resolution 5384 at their March 2nd meeting. The Resolution establishes the City of Bozeman as a City for CEDAW, aligning the actions of Cities for CEDAW with the City of Bozeman’s Inclusive City work. The Economic Vitality Board is tasked with making recommendations to City Commission on issues relating to the City’s Diversity, Equity, and Inclusion goals. This citizen board will provide accountability and feedback throughout the development and implementation of the Equity Action Plan. As outlined in Resolution 5384 , the three priorities of the CEDAW Initiative's framework will continued to be carried out and have been demonstrated by the City of Bozeman as a part of ongoing work as follows: 1. Data: Ongoing data collection and intersectional analysis, when possible, of disparities across race, ethnicity, gender identity, sexual orientation, ability, age and socioeconomic circumstances – including in CEDAW priority areas of community safety, health and well-being, and economic security 2. Accountability: The Economic Vitality Board will serve as the oversight body to ensure that appropriate and timely actions are taken; and an annual report will be shared on the progress of the Equity and Inclusion Action Plan with specific mention of activities and accomplishments related to CEDAW 3. Action: The development and implementation of a 3-5 year Equity & Inclusion Action Plan based on data to improve practices, programs, and policies to close gaps and address disparities 520 UNRESOLVED ISSUES:None ALTERNATIVES:As proposed by the City Commission FISCAL EFFECTS:$50,000 has been allocated in the City Manager's budget for the creation and implementation of Equity and Inclusion Plan. Additional costs related to completed, in-progress, and remaining Inclusive City items are detailed in the February 2022 Inclusive City Quarterly Report. Attachments: Resolution 5384.pdf Report compiled on: March 24, 2022 521 Version April 2020 RESOLUTION 5384 A RESOLUTION OF THE BOZEMAN CITY COMMISSION ESTABLISHING THE CITY OF BOZEMAN AS A CITY FOR CEDAW (THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN) WHEREAS, the City of Bozeman acknowledges and honors with respect, the Indigenous Nations on whose traditional homelands the City now stands and whose historical and cultural relationships with the land continue to this day; and WHEREAS, the City of Bozeman recognizes that the ability of many to live and work here is due to past and present colonizing policies, practices of genocide, cultural erasure, and the enslavement of Black people; and WHEREAS, these policies and practices have contributed social, economic, and health disparities and the denial of human rights for Black, Indigenous, and People Of Color (BIPOC); and WHEREAS, Bozeman’s women and girls have made gains in the struggle for equality in many fields, there is a continued need to protect and expand the human rights of women, girls, trans and non-binary people of all ages, races, ethnicities, and intersecting identities through local, state, federal and international laws, including CEDAW (UN Convention on the Elimination of All Forms of Discrimination Against Women); and WHEREAS, barriers, including those resulting from gender-based and other forms of violence, to accessing basic needs and amenities that enhance quality of life in the Bozeman area continue to exist for people of all ages and abilities, varying socioeconomic circumstances, and intersecting racial, ethnic, and gender identities; and WHEREAS, the City of Bozeman has made commitments to fairness, inclusion and equity through Resolution 4243 (2010) establishing a non-discrimination policy; Resolution 4601 (2015) addressing gender pay equity within the City of Bozeman; Resolution 4852 (2018) prioritizing a safe, healthy, welcoming, and inclusive community; Resolution 5257 (2021) establishing becoming an Inclusive City as a City Commission priority for 2020 and 2021; and 522 Version April 2020 WHEREAS, in response to local and national calls for action to prevent violence and discrimination against BIPOC, the July 2020 Bozeman as an Inclusive City Report resulted in 24 recommendations for internal process and policy changes, staff trainings as well as community- wide data collection, engagement, and action planning around equity and inclusion issues; and WHEREAS, one of the twenty-four Inclusive City recommendations made was to “Develop a city diversity, equity and inclusion plan to engage stakeholders and identify gaps community wide and to implement policies that help all persons in Bozeman thrive regardless of economic, racial, cultural, or gender identity;” and WHEREAS, the 2021 Equity Indicators & Gaps Analysis project characterized inequalities across race, ethnicity, gender, age, ability, and socioeconomic status through data from local service providers and community organizations, secondary sources (Decennial Census and American Community Survey), and the lived experiences of a diverse representation of over 1500 community members; and WHEREAS, Resolution 5368 (2021) established as a Bozeman City Commission priority for 2022-2023, to “Become a City for CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) as part of the City’s Inclusive City and Diversity Equity and Inclusion work and conduct an intersectional gender analysis;” and WHEREAS, the indicators and recommendations outlined in the 2021 Equity Indicators & Gaps Analysis project will provide benchmarks from which to measure progress, coordinate with community partners to collect and disaggregate data to the greatest extent possible, and provide transparency and accountability as the city develops and implements an Equity & Inclusion Plan; and WHEREAS, Resolution 5329 established the Economic Vitality Board of the City of Bozeman, to “advise the City Commission, and as requested by the City Manager to the City Manager, on policies related to diversity, equity, and inclusion;” and WHEREAS, there is clear alignment between the Cities for CEDAW framework and the City of Bozeman’s ongoing Equity & Inclusion work through: 1) data collection and analysis of disparities across race, ethnicity, gender identity, ability, age and socioeconomic circumstances 2) an oversight body to ensure that appropriate and timely actions are taken; and 3) creation of an Action Plan based on data to develop and implement practices, programs, and policies to close gaps and address disparities; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: 523 Version April 2020 Is committed to realizing its role as a City for CEDAW as a part of the ongoing work to ensure that Bozeman is a place where all residents, visitors and City of Bozeman employees are welcome, valued, and can thrive no matter their race, identity, or life circumstance. Is committed to eliminating all forms of violence against women, girls, trans and non- binary people, to promoting the health and safety of women, girls, trans and non-binary people, and to afford in them equal academic, economic, and business opportunities in Bozeman, Montana Is committed to achieving these commitments through a framework which includes: 1. Ongoing data collection and intersectional analysis, when possible, of disparities across race, ethnicity, gender identity, sexual orientation, ability, age and socioeconomic circumstances – including in CEDAW priority areas of community safety, health and well-being, and economic security 2. The Economic Vitality Board as the oversight body to ensure that appropriate and timely actions are taken; and 3. The development and implementation of a 3-5 year Equity & Inclusion Action Plan based on data to improve practices, programs, and policies to close gaps and address disparities 4. An annual report on the progress of the Equity and Inclusion Action Plan with specific mention of activities and accomplishments related to CEDAW. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 524