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HomeMy WebLinkAbout06-07-22 City Commission Meeting Agenda & 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.FYI E.Commission Disclosures F.Consent F.1 Accounts Payable Claims Review and Approval (Waters) F.2 Authorize the City Manager to Sign a Public Access Easements and an Access and Utility Easement with Gallatin Valley Presbyterian Church and to Sign a Public Access Easement with Christ the King Lutheran Church of Bozeman for the Trinity Church Site Plan (21469)(Paz-Solis) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, June 7, 2022 This meeting will be held both in-person and also using Webex, an online videoconferencing system. You can join this meeting: Via Webex: 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: 2552 371 6388 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 F.3 Authorize the City Manager to Sign a Small Municipal and County Enterprise License Agreement with VertiGIS for Annual Software Subscription(Jorgenson) F.4 Authorize the City Manager to Sign a Guaranteed Maximum Price Amendment to the Construction Contract for the Library Renovation Project.(Henderson) F.5 Authorize City Manager to Sign a Professional Services Agreement with ARC Environmental Inc. for Asbestos Testing at Bogert Pool and the Bozeman Swim Center(Ziegler) F.6 Authorize the City Manager to Sign an Amendment 2 to the Professional Services Agreement with HDR Engineering Inc for the Bozeman Water Reclamation Facility Solids Handling Building Project(Heaston) F.7 Authorize the City Manager to Sign Addendums 3 & 4 and Keyed Integration Addendum to the End User License Agreement with MCCi for Upgrades to the City's Laserfiche Repository(Maas) F.8 Authorize the City Manager to Sign a Task Order 4 with Baker Tilly for Housing and Economic Development Project Financial Feasibility and Debt Capacity Analysis in the Midtown Urban Renewal District(DiTommaso ) F.9 Authorize the City Manager to Sign a Fifth Amendment to the Granicus Service Agreement for Additional Closed Captioning Hours(Maas) F.10 Authorize the City Manager to Sign a Task Order DTN22-002 with Sanderson Stewart for Babcock and Mendenhall Safety Improvement(Staley) F.11 Authorize the City Manager to Sign a Task Order DTN22-003 with Sanderson Stewart for Downtown Parklet Program Assessment(Staley) F.12 Authorize City Manager to Sign a Task Order EDD22-004 with Sanderson Stewart for the Fowler Avenue Housing Feasibility Study(Fine) F.13 Resolution 5417 Supporting the Application to the Big Sky Economic Development Trust Fund Program, Administered by the Montana Department of Commerce, on Behalf of Autopilot, Inc.(DiTommaso) F.14 Resolution 5418 Supporting the Application to the Big Sky Economic Development Trust Fund Program, Administered by the Montana Department of Commerce, on Behalf of Associated Logistics Group(DiTommaso) F.15 Resolution 5419 Adopting the Update to the Fair Market Value of Land for Cash-in-Lieu of Parkland Calculations(Lee) F.16 Ordinance 2096 Final Adoption of the Riverside Annexation Zone Map Amendment Establishing Initial Zoning of R-1, Residential Low Density, R-2, Residential Moderate Density, and R-4 Residential High Density, On 57.5 Acres Located North of the E. Gallatin River and on Either Side of Spring Hill Road, Application 21426(Saunders) F.17 Ordinance 2112 Provisional Adoption of Amended Zoning on 7.33 Acres from B-2, 2 Community Business District to B-2M Community Business District - Mixed Located Northwest of West Main and Babcock Streets, Application 21438(Rogers) F.18 Ordinance 2116 Final Adoption of Amended Zoning on 14.63 Acres from B-2, Community Business District to B-2M Community Business District - Mixed Located Northwest of Patrick Street and North 11th Avenue, Application 21458(Saunders) G.Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. H.Action Items H.1 Continue Davis Lane Property Annexation and Zone Map Amendment, Application 21443 to June 28, 2022(Rogers) H.2 Ordinance 2111 Departures for Housing Creation, Consider and Recommend to City Commission a New Section 38.320.070 to Authorize Additional Administrative Flexibility In Administration of Specified Residential Standards through departures and Create Definitions for Infill and Missing Middle Housing to incentivize housing creation, Application 22133(Saunders) H.3 FY23 CM Recommended Budget Highlights: General and Enterprise Funds (Mihelich) I.FYI / Discussion J.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 3 Memorandum REPORT TO:City Commission FROM: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:June 7, 2022 AGENDA ITEM TYPE:Finance RECOMMENDATION:City Commission approval is recommended for claims as presented. 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 along with necessary authorizations and supporting documentation. Additionally, the Department confirmed all expenditures were appropriately coded and within the current fiscal year allocated budget. UNRESOLVED ISSUES:None 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 https://www.bozeman.net/departments/finance/purchasing. Report compiled on: June 3, 2022 4 Memorandum REPORT TO:City Commission FROM:Alicia Paz-Solis, Engineer I Nicolas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Public Access Easements and an Access and Utility Easement with Gallatin Valley Presbyterian Church and to Sign a Public Access Easement with Christ the King Lutheran Church of Bozeman for the Trinity Church Site Plan (21469) MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Public Access Easements and an Access and Utility Easement with Gallatin Valley Presbyterian Church and to sign a Public Access Easement with Christ the King Lutheran Church of Bozeman for the Trinity Church Site Plan (21469). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Public Access Easement-Gallatin Valley Presbyterian Church Access and Utility Easement Public Access Easement-Christ the King Report compiled on: May 18, 2022 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Memorandum REPORT TO:City Commission FROM:Gail Jorgenson, GIS Program Manager Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Small Municipal and County Enterprise License Agreement with VertiGIS for Annual Software Subscription MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Small Municipal and County Enterprise License Agreement with VertiGIS for Annual Software Subscription 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 May of 2014 the City of Bozeman entered into a license agreement with Latitude Geographics to use their proprietary software, Geocortex Web Services. Since that time the city has continued to use the software to great effect. In September of 2017 Latitude Geographics and the Geocortex Web Services suite of products was purchased by the company VertiGIS. VertiGIS updated the software to include a web version and now offers licensing for the software as a subscription service. We would like to acknowledge the rebranding of the company, purchase the new web version of the software and move to the subscription licensing. This agreement 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 suggested by the City Commission. FISCAL EFFECTS: Fees for Year 1 subscription (May 1, 2022- August 31, 2023) is $12,667. Year 2 (September 1, 2023 – August 31, 2024 charge is $9,500. Year 3 (September 1, 2024 – August 31, 2025) charge is $9,500. The total cost of the subscription will be $31,667, with the first year showing an additional prorated amount which allows us to better follow our fiscal year budget. 20 The VertiGIS subscription will be funded using money allocated in the GIS FY 2022 budget. Attachments: VertiGIS SMC ELA_City of Bozeman_20220214.docx Report compiled on: May 18, 2022 21 01/2022 Page 1 of 13 SMALL MUNICIPAL AND COUNTY ENTERPRISE LICENSE AGREEMENT VertiGIS North America Ltd., 300 –1117 Wharf St., Victoria, BC, Canada V8W 1T7 ∙ Tel: (250) 381-8130 ∙ Fax: (250) 381-8132 ELA Agreement No. 2022-02-702 This Small Municipal and County Enterprise License Agreement (hereafter "ELA") is between the licensee printed below (“Licensee”) and VertiGIS North America Ltd. (“VERTIGIS NA”), as licensor of the Software, Data, Online Services and Documentation licensed under this Agreement. This ELA grants Licensee certain rights to use specific VERTIGIS NA Software, Data, Online Services, and Documentation and provides maintenance and basic technical support over a limited, fixed period of time from the effective date subject to payment of fees and the terms of this ELA. The Agreement includes (i) this signature page, (ii) the ELA Terms and Conditions, (iii) the Exhibits and (iv) VERTIGIS NA’s ordering document, if applicable. The parties acknowledge that they have read and understood this Agreement and agree to be bound by the terms and conditions hereof as applicable to each party. This Agreement constitutes the sole and entire agreement of the parties as to the subject matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating to such subject matter, and any terms on Licensee’s purchase order. Any modification(s) or amendment(s) to this Agreement must be accepted by an authorized representative of each party. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and effective as of the last date written below. ACCEPTED AND AGREED: City of Bozeman VERTIGIS NORTH AMERICA LTD. (Licensee)(VERTIGIS NA) By: By: Authorized Signature Authorized Signature Printed Name: Printed Name: Title: Title: Date: Date: Licensee Contact Information Contact:Telephone: Address:Fax: City, State, ZIP: E-mail: Exhibit 1: Scope of Use Exhibit 2: Enterprise Software and Fee Schedule 22 01/2022 Page 2 of 13 ELA TERMS AND CONDITIONS ARITCLE1. DEFINITIONS Definitions. The terms used are defined as follows: “Data”, except as otherwise provided herein, means any digital data set(s) owned by VERTIGIS NA or its licensor(s), including, but not limited to, geographic, vector data coordinates, raster data reports, or associated tabular attributes. “Deploy,” “Deployed,” or “Deployment” means to redistribute and install or the redistribution and installation of the Enterprise Software or its having been redistributed and installed by Licensee on Licensee’s hardware or cloud instance. “Documentation” means all printed and digital materials including, but not limited to, help files, user reference documentation, training documentation, or technical information and briefings. “ELA Maintenance” means Tier 2 Support, updates, and patches provided by the ELA Maintenance Provider to Licensee for the Enterprise Software as described under Article 11 of the ELA. “ELA Fee” means the fee set forth in Exhibit 2 of this Agreement. “ELA Maintenance Provider” shall mean the provider of ELA Maintenance for Enterprise Software licensed under the ELA. “Enterprise Software” means the Software, Data, Online Services, and Documentation identified in Exhibit 2 as Enterprise Software. “Incident” means a failure of the Software to operate according to the Documentation in which such failure substantially impacts operational or functional performance. “License Agreement” and “ELA” are used interchangeably and mean the license terms and conditions including Exhibit 1—Scope of Use (L300) that apply to Enterprise Software provided to Licensee by VERTIGIS. “Licensee Content” means data submitted by Licensee to VERTIGIS NA through the Online Services. “Online Services” means the VERTIGIS NA computing and data services, and other software services, that are accessed over the internet and subscribed to by Licensee, including without limitation, third party software services or data components that perform GIS functions, tasks, or data services. “Software” means VERTIGIS NA’s proprietary and licensed software technology, computer software code, components, dynamic link libraries (DLLs), underlying organization, object model, and programs delivered on any media, including any release provided in source, object, or executable code format(s), inclusive of backups, updates, service packs, patches, hot fixes, sample code, sample application, sample extension, or merged copies permitted hereunder, excluding the Online Services and all related software and technology. “Samples” means sample code, sample applications, add-ons, or sample extensions of Software, Data, Documentation, or Online Services. “Technical Support” means a technical assistance process to troubleshoot and attempt to resolve reported Incidents through patches; hot fixes; workarounds; or any other type of Software issue resolution as specified in the most current applicable software maintenance policy of the ELA Maintenance Provider. “Tier 1 Help Desk” means Licensee point of contact from which all Tier 1 Support will be given to Licensee. “Tier 1 Support” means the Technical Support provided by the Tier 1 Help Desk as the primary contact to Licensee in attempted resolution of reported Incidents. “Tier 2 Support” means the Technical Support as described under Article 11 of the ELA which is provided by the ELA Maintenance Provider to the Tier 1 Help Desk when the Incident cannot be resolved through Tier 1 Support. ARTICLE 2. INTELLECTUAL PROPERTY RIGHTS AND RESERVATIONS OR OWNERSHIP The Enterprise Software are licensed and not sold. VERTIGIS NA and its licensors own the Enterprise Software, which are protected by Canadian and applicable international laws, treaties, and conventions regarding intellectual property and proprietary rights including trade secrets. Licensee agrees to use reasonable means to protect the Enterprise Software from unauthorized use, reproduction, distribution, or publication. VERTIGIS NA and its third-party licensors reserve all rights not specifically granted in this License Agreement, including the right to change and improve Online Services. ARTICLE 3. GRANT OF LICENSE 3.1 Grant of License. Subject to the terms and conditions of this ELA, VERTIGIS NA grants to Licensee a limited term, personal, nonexclusive, nontransferable license solely to 23 01/2022 Page 3 of 13 a.Use, copy, and Deploy an unlimited quantity of the Enterprise Software excluding Geocortex Technology Developer Network (1) for the term identified in this ELA and (2) for Licensee’s own internal use. b.Deploy one subscription of the Geocortex Technology Developer Network for use by a single named developer for the term of this ELA. c.Access and use any secure VERTIGIS NA Web site resources made available to Licensee for Licensee’s internal use, provided that Licensee follows VERTIGIS NA’s terms of use policy specified therein. All password or controlled access information provided by VERTIGIS NA or its Developers shall be treated as VERTIGIS NA confidential information. 3.2 Consultant Access. Subject to 3.1, Licensee may provide access to the Enterprise Software to any consultant or contractor of Licensee, provided consultants and contractors use is for the sole benefit of Licensee while (i) working on-site at Licensee’s facilities or (ii) remotely using/accessing Enterprise Software from Licensee’s on-site computers or machines. Licensee shall be responsible for compliance by consultants or contractors with the terms and conditions of this ELA. Licensee shall require consultant or contractor to discontinue use of and access to Enterprise Software upon completion of work for Licensee. 3.3 Third Party Software. Unless included in the Enterprise Software, Licensee will be responsible for purchasing licenses for any third party software that is required in connection with the use of the Enterprise Software, from the third party licensors. Use of any third party software will be subject to the terms of the applicable third party license agreement, and VERTIGIS NA and/or its licensors provide no warranties and will have no liability in connection with Licensee’s or any other party’s use of such third party software. 3.4 Fees. The Licensee shall pay to VERTIGIS NA the License fees set out Exhibit 2. ARTICLE 4. SCOPE OF USE 4.1 Permitted Uses a.Licensee may install and store the Software, Data, and Documentation on electronic storage device(s). b.Licensee may make one (1) copy of the Software, Data and Documentation for archival purposes. Licensee may make routine computer backups. c.Licensee may customize the Software using any (i) macro or scripting language, (ii) published application programming interface (API), or (iii) source or object code libraries, but only to the extent that such customization is described in the Documentation. d.Licensee may use, copy, or prepare derivative works of the Documentation supplied in digital format and thereafter reproduce, display, and redistribute the customized documentation only for Licensee’s own internal use. Portion(s) of Documentation supplied in digital format merged with other software and printed or digital documentation are subject to this ELA. Licensee shall include the following copyright attribution notice acknowledging the proprietary rights of VERTIGIS NA and its licensor(s): “Portions of this document include intellectual property of VERTIGIS NA and its licensor(s) and are used herein under license. Copyright © [Insert the actual copyright date(s) from the source materials] VertiGIS North America Ltd. and its licensor(s). All rights reserved.” 4.2 Uses Not Permitted Except to the extent that applicable law prohibits or overrides these restrictions, or as provided herein, Licensee shall not: a.Sell, rent, lease, sublicense, lend, assign, transfer, translate, export, or time-share the Product(s). b.Act as a service bureau or commercial Application Service Provider (ASP) that allows third-party access to the Product(s). A commercial ASP means a licensee who uses Product(s) for a site or service, and operates the site or the service for a profit, or generates revenue by charging for access to the site or service. Licensee may only use the Product for Commercial ASP Use provided that Licensee acquires a Commercial ASP Use License. c.Distribute the Software to third-parties, in whole or in part, including, but not limited to, extensions, components, or DLLs without prior written approval of VERTIGIS NA. d.Reverse engineer, decompile, cross-assemble, or disassemble the Product(s). e.Remove or obscure any VERTIGIS NA (or its licensor(s)’) patent, copyright, trademark, proprietary rights notices, and/or legends contained in or affixed to any Product, Product output, metadata file, or online and/or hard-copy attribution page of any Data or Documentation delivered hereunder. 24 01/2022 Page 4 of 13 f.Make any attempt to circumvent the technological measure(s) that controls access to, or use of, the Product(s). g.Distribute Authorization Codes to third parties, except as provided in this Agreement. h.Use Products in violation of VERTIGIS NA’s, its licensor(s)’, or a third party’s rights, including intellectual property rights, privacy rights, non-discrimination laws, or any other applicable law or government regulation. i.Unbundle individual or component parts of the Software or Data for independent use. j.Incorporate any portion of Product into any product or service that competes with any Product. k.Use, incorporate, modify, distribute, provide access to, or combine any computer code provided with any Product in a manner that would subject such code or any part of the Product to open source license terms, which includes any license terms that require computer code to be (i) disclosed in source code form to third parties, (ii) licensed to third parties for the purpose of making derivative works, or (iii) redistributable to third parties at no charge. l.To the extent within its control, use this Software for purposes or actions that are in contravention of the UN Declaration of Human Rights, the Geneva Conventions of 1949, or the Geneva Protocols of 1977. m. Use the Online Services to transmit spam, spoof, phish or junk email or messages, transmit offensive or defamatory material, or stalk or make threats of physical harm. n.Introduce any kind of malware, including but not limited to viruses, worms, Trojan horses or other harmful code that may damage the operation of the Online Services or the systems of other users of the Online Services. o.Attempt to gain unauthorized access to the Online Services or their related systems or networks. p.Use the Online Services in any manner that could damage, disable, overburden or impair any part of the Online Services, or interfere with any other user’s ability to access or use the Online Services. q.Probe, scan or test the vulnerability of the Online Services or breach any security or authentication measures used by the Online Services. r.Benchmark the availability, performance, or functionality of the Online Services for competitive purposes. ARTICLE 5. ONLINE SERVICES 5.1 User Activity. Licensee is responsible for any use of the Online Services through Licensee’s account or other means of accessing the Online Services specific to Licensee, whether authorized or unauthorized. 5.2 Unauthorized Access. Licensee will use all reasonable efforts to prevent unauthorized access to or use of the Online Services and will not share any passwords, user names, access keys or other login credentials for the Online Services. Licensee will promptly notify VERTIGIS NA of any known or suspected unauthorized access to or use of the Online Services or any loss, theft or unauthorized use of login credentials. 5.3 Modification of Online Services. VERTIGIS NA may implement updates to modify the features or functions of the Online Services (“Update”) at any time and at its sole discretion. In the event an Update results in the removal of material functionality of the Online Services, VERTIGIS NA shall endeavor to provide Licensee with at least sixty (60) days notice of the Update and Licensee may, within 60 days of receiving such notice, terminate the subscription by providing written notice to VERTIGIS NA and receive a refund of any prepaid subscription fees prorated for the remainder of the subscription term following the termination date. 5.4 Suspension of Online Services. VERTIGIS NA reserves the right to temporarily suspend Licensee’s access to or use of the Online Services in the event: (i) VERTIGIS NA reasonably believes that Licensee’s access to or use of the Online Services may result in liability to VERTIGIS NA or adversely affect the integrity, functionality or usability of the Online Services, including without limitation, interfering with the access to or use of the Online Services by other users; (ii) Licensee is in breach of this Agreement, including without limitation, a failure to pay any amounts due under this Agreement; or (iii) the Online Services are undergoing scheduled maintenance. VERTIGIS NA shall not be responsible for any damages, liabilities or losses of Licensee in connection with any suspension of the Online Services that result from the foregoing. 5.5 Licensee Content. Licensee shall at all times remain the owner of Licensee Content. Licensee hereby grants to VERTIGIS NA a non-exclusive, royalty-free, perpetual, irrevocable, transferable, world-wide license (with the right to sublicense) to access, use, reproduce, modify, transmit, display, store, index and archive the Licensee Content solely for the purposes of: (i) providing the Online Services to Licensee, and (ii) generating and exploiting aggregated and/or statistical data, provided that such data does not contain information that is personally identifiable or identifiable with Licensee. 5.6 Transmission of Data. Licensee acknowledges that hosting data online involves risks of unauthorized access and disclosure and that such risk is inherent in Licensee’s access to and use of the Online Services. Licensee agrees that VERTIGIS NA will not be responsible or liable in any manner for any Licensee Content or other data which is 25 01/2022 Page 5 of 13 lost, altered or intercepted without authorization due to errors or actions of third parties, and VERTIGIS NA offers no representations or warranties with respect to the foregoing. 5.7 Third Party Products and Services. Licensee acknowledges that the Online Services are provided in part through the use of third party software, hardware, and hosting and storage services. While VERTIGIS NA has used reasonable efforts to engage high quality third party product and services providers, neither VERTIGIS NA nor its third party suppliers shall be responsible for, and provide no representations or warranties with respect to, any third party hardware, software or services used in connection with the delivery of the Online Services. ARTICLE 6. PRIVACY 6.1 Privacy Policy. Licensee acknowledges it has been informed about the VERTIGIS NA Privacy Policy located at www.geocortex.com/legal (the “Privacy Policy”), which is applicable to the collection, use and disclosure by VERTIGIS NA of personal information relating to Licensee and/or its representative(s) in the context of VERTIGIS NA performing this Agreement and related purposes which is incorporated by reference into this Agreement. 6.2 Personal Data. Licensee acknowledges that Licensee Content may be capable of identifying individual users of the Online Services or other natural persons (“Personal Information”). Personal Information is collected and used by VERTIGIS NA for the purpose of providing the Online Services to Licensee in accordance with this Agreement. 6.3 Legal Compliance. Licensee shall comply with all applicable privacy laws in connection with its use of the Products and this Agreement. Without limiting the generality of the foregoing, Licensee will notify all of its personnel and other individuals using the Online Services about the information handling practices detailed in this Article 6 and the Privacy Policy, and will obtain all necessary consents required under applicable privacy law from such individuals with respect to the foregoing. Licensee acknowledges and agrees that: (i) the Online Services are only offered in jurisdictions in which the Online Services are not in violation of applicable privacy laws, including without limitation, any “do not track” legislation, (the “Legal Jurisdictions”); (ii) Licensee is responsible for determining the legality of the Online Services in the Licensee’s jurisdiction; and (iii) all licenses and subscriptions granted to Licensee hereunder are not valid outside the Legal Jurisdictions. ARTICLE 7. TERM AND TERMINATION AND EXPIRATION 7.1 Term. The term of the ELA shall be three (3) years from the Effective Date, unless this ELA is terminated earlier as provided herein. The term of all licenses and the authorized period of use for all Enterprise Software Deployed shall be concurrent with the term of this ELA. 7.2 Termination for Lack of Funds. Either party may terminate this ELA for Lack of Funds. Lack of Funds is the inability of Licensee to secure appropriation of funds through the legislative or governing body’s approval process for annual payments due. 7.3 Termination for a Material Breach. Either party may terminate this ELA for a material breach by the other party. The breaching party shall be given a period of ten (10) days from date of written notice to cure any material breach. 7.4 No Use Upon Expiration or Termination.Upon expiration or termination of this ELA, all Enterprise Software Deployed, shall terminate. Licensee shall cease access and use of Online Services and clear Online Services client- side data cache and uninstall, remove, and destroy all Deployed Software, Data, and Documentation and any whole or partial copies, modifications, media, or merged portions in any form and execute and deliver evidence of such actions to VERTIGIS NA. ELA Maintenance and any other products or services provided as part of this Agreement shall also terminate. ARTICLE 8. LIMITED WARRANTIES AND DISCLAIMERS 8.1 Limited Warranties.Except as otherwise provided in this Article 8, VERTIGIS NA warrants that (i) the unmodified Software will substantially conform to the published Documentation and (ii) the media upon which the Software, Data, and Documentation are provided will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of receipt. 8.2 Data and Online Services Disclaimer.The Data and Online Services may contain some nonconformities, defects, errors, or omissions. THE DATA AND ONLINE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Without limiting the generality of the preceding sentence, VERTIGIS NA and its licensor(s) do not warrant that the Data and Online Services will meet Licensee’s needs or expectations, that the use 26 01/2022 Page 6 of 13 of the Data and Online Services will be uninterrupted, or that all nonconformities can or will be corrected. VERTIGIS NA and its licensor(s) are not inviting reliance on this Data or Online Services, and Licensee should always verify actual Data or Online Services. 8.3 Special Disclaimer. SAMPLES AND HOT FIXES ARE DELIVERED “AS IS” WITHOUT WARRANTY OF ANY KIND. LICENSEE ASSUMES ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SAMPLES AND HOT FIXES. 8.4 Internet Disclaimer. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS, AND THAT (1) THE INTERNET IS NOT A SECURE INFRASTRUCTURE, (2) THE PARTIES HAVE NO CONTROL OVER THE INTERNET, AND (3) NONE OF THE PARTIES ARE LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE DISCONTINUANCE OR OPERATION OR SERVICE INTERRUPTIONS TO ANY PORTION OF THE INTERNET OR RELATED INFRASTRUCTURE OR POSSIBLE REGULATION OF THE INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE ONLINE SERVICES. LICENSEE FURTHER ACKNOWLEDGES THAT USE OF THE ONLINE SERVICES INVOLVES RISKS OF UNAUTHORIZED ACCESS AND DISCLOSURE AND THAT SUCH RISK IS INHERENT IN LICENSEE’S ACCESS TO AND USE OF THE ONLINE SERVICES. LICENSEE AGREES THAT VERTIGIS NA WILL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LICENSEE CONTENT OR OTHER DATA WHICH IS LOST, ALTERED OR INTERCEPTED WITHOUT AUTHORIZATION DUE TO THE ERRORS OR ACTIONS OF THIRD PARTIES AND VERTIGIS NA OFFERS NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE FOREGOING. 8.5 General Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, VERTIGIS NA DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. VERTIGIS NA DOES NOT WARRANT AND DISCLAIMS THAT THE ENTERPRISE SOFTWARE WILL MEET LICENSEE’S NEEDS; THAT LICENSEE’S OPERATION OF THE SAME WILL BE UNINTERRUPTED, ERROR FREE, FAULT TOLERANT, FAIL-SAFE; OR THAT ALL NON CONFORMITIES CAN OR WILL BE CORRECTED. SOFTWARE, DATA, ONLINE SERVICES, AND DOCUMENTATION ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS THAT MAY LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL PROPERTY/ENVIRONMENTAL DAMAGE. ANY SUCH USE SHALL BE AT LICENSEE’S OWN RISK AND COST. 8.6 Exclusive Remedy. Licensee’s exclusive remedy and VERTIGIS NA’s entire liability for breach of the limited warranties set forth in this Article 9 shall be limited, at VERTIGIS NA’s sole discretion, to (i) replacement of any defective media; (ii) repair, correction, or a workaround for the Software subject to the VERTIGIS NA Support Services Policy; or (iii) return of the license fees paid by Licensee for the Software or Documentation that does not meet VERTIGIS NA’s limited warranty, provided that Licensee uninstalls, removes, and destroys all copies of the Software or Documentation and executes and delivers evidence of such actions to VERTIGIS NA. ARTICLE 9. LIMITATION OF LIABILITY 9.1 Disclaimer of Certain Types of Liability. VERTIGIS NA, AND ITS LICENSOR(S) SHALL NOT BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS ELA OR USE OF THE ENTERPRISE SOFTWARE, HOWEVER CAUSED ON ANY THEORY OF LIABILITY, WHETHER OR NOT VERTIGIS NA, OR ITS LICENSOR(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 9.2 General Limitation of Liability. EXCEPT AS PROVIDED IN ARTICLE 11—INFRINGEMENT INDEMNITY, VERTIGIS NA’S TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID BY LICENSEE FOR ENTERPRISE SOFTWARE PURSUANT TO THIS ELA. 9.3 Applicability of Disclaimers and Limitations. The parties agree that VERTIGIS NA has set its prices and entered into this ELA in reliance upon the disclaimers and limitations set forth herein, that the same reflect an allocation of risk between the parties and that the same form an essential basis of the bargain between the parties. 27 01/2022 Page 7 of 13 THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ARTICLE 10. INFRINGEMENT INDEMNITY 10.1 VERTIGIS NA shall defend, indemnify, and hold harmless Licensee from and against any loss, liability, cost, or expense, including reasonable attorneys’ fees, which may be incurred by Licensee against any claims, actions, or demands, by a third party alleging that the Software infringes a copyright, or trademark in the country where the Enterprise Software is licensed, provided a.Licensee promptly notifies VERTIGIS NA in writing of the claim; b.Licensee provides documents clearly describing the allegations of infringement; c.VERTIGIS NA has sole control of the defence of any actions and negotiations related to the defence or settlement of any claim; and d.Licensee cooperates fully in the defence of the claim. 10.2 If the Software or Online Services is found to infringe a Canadian or US patent, copyright, or trademark, VERTIGIS NA, at its own expense, may either (i) obtain rights for Licensee to continue using the Software or Online Services, or (ii) modify the allegedly infringing elements of the Software or Online Services while maintaining substantially similar functionality. If neither alternative is commercially reasonable, the license shall terminate, and Licensee shall cease accessing or using the infringing Software or Online Services and shall uninstall and return to VERTIGIS NA any infringing item(s). VERTIGIS NA’s entire liability shall then be to indemnify Licensee pursuant to Article 10.1 and refund the fees paid with respect to the remainder of the ELA. 10.3 VERTIGIS NA shall have no obligation to indemnify or defend Licensee or to pay any resultant costs, damages, or attorney’s fees for any claims or demands alleging direct or contributory infringement to the extent arising out of (i) the combination or integration of the Software or the Online Services with a product, process, or system not supplied by VERTIGIS NA or specified by VERTIGIS NA in its Documentation; (ii) material alteration of the Software or the Online Services by anyone other than VERTIGIS NA or its subcontractors; or (iii) use of the Software or the Online Services after modifications have been provided by VERTIGIS NA for avoiding infringement or use after a return is ordered by VERTIGIS NA under Article 10.2. 10.4 In no event shall the indemnification set forth in this Article 10 apply to any Samples or hot fixes delivered hereunder. 10.5 THE FOREGOING STATES THE ENTIRE OBLIGATION OF VERTIGIS NA, AND ITS LICENSOR(S) WITH RESPECT TO INFRINGEMENT OR ALLEGATION OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. ARTICLE 11. GENERAL PROVISIONS 11.1 Future Versions.Updated or new Enterprise Software may require additional or revised terms and conditions. Terms and conditions subject to revision are limited to Article 1—Definitions, Article 4—Scope of Use and Exhibit 1— Scope of Use (L300), or any term as required by law. VERTIGIS NA may provide notice of the revisions to Licensee in writing. The revisions shall be incorporated into this ELA upon use of the updated or new Enterprise Software. Should Licensee reject the revisions, then Licensee shall not install or use the revised, updated, or new Enterprise Software. 11.2 Export Control Regulations. Licensee expressly acknowledges and agrees that Licensee shall not export, reexport or provide the Enterprise Software in whole or in part, to (i) with the exception of Cuba, any country to which Canada or the United States has embargoed goods; (ii) any person on the U.S. Treasury Department’s list of Specially Designated Nationals; (iii) any person or entity on the U.S. Commerce Department’s Table of Denial Orders; or (iv) any person or entity where such export, reexport, or provision violates any export control laws or regulations including amendments and supplemental additions as they may occur from time to time. 11.3 Taxes and Fees.License fees quoted to Licensee are exclusive of any and all taxes or fees, including, but not limited to, sales tax, use tax, value-added tax (VAT), customs, duties, or tariffs, and shipping and handling charges. 11.4 No Implied Waivers. The failure of either party to enforce any provision of this ELA shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision. 28 01/2022 Page 8 of 13 11.5 Severability. The parties agree that if any provision of this ELA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the intent of the language enforceable. 11.6 Successor and Assigns. Licensee shall not assign, sublicense, or transfer Licensee’s rights or delegate its obligations under this ELA without VERTIGIS NA’s prior written consent, and any attempt to do so without consent shall be void. This ELA shall be binding upon the respective successors and assigns of the parties to this ELA. 11.7 Survival of Terms. The provisions of Articles 2, 6, 7, 8, 9, 10 and 11 of this ELA shall survive the expiration or termination of this ELA. 11.8 Equitable Relief. The parties agree that any breach of this ELA may cause irreparable damage and that, in the event of such breach, in addition to any and all remedies at law, VERTIGIS NA shall have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction. 11.9 Governing Law, Arbitration This ELA shall be governed by and construed in accordance with the laws of the Province of British Columbia without reference to its conflict of laws principles. Any dispute arising out of or relating to this ELA, or the breach thereof, which cannot be settled through negotiation, shall be finally settled by arbitration administered by the Canadian Commercial Arbitration Centre (in Canada). Judgment on the award rendered by the arbitrator may be entered into a court of competent jurisdiction. ARTICLE 12. ELA MAINTENANCE ELA Maintenance for Software provided under this ELA is included with the ELA Fee. ELA Maintenance includes standard maintenance benefits specified in the most current applicable software maintenance policy of the ELA Maintenance Provider available at www.geocortex.com/legal as modified by this Article 12—ELA Maintenance. a.Tier 1 Support Provided by Licensee (1) Licensee shall provide Tier 1 Support through the Tier 1 Help Desk to all Licensee’s authorized users. (2) The Tier 1 Help Desk shall use analysts fully trained in the Software they are supporting. (3) At a minimum, Tier 1 Support shall include those activities that assist Licensee in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. (4) Tier 1 Support analysts shall be the initial points of contact for all questions and Incidents. Tier 1 Support analysts shall obtain a full description of each reported Incident and the system configuration form Licensee. This may include obtaining any customizations, code samples, or Data involved, if applicable, to the Incident. Analysts shall also use any other information and databases they may develop to satisfactorily resolve Incidents. (5) If the Tier 1 Help Desk cannot resolve the Incident, and authorized Tier 1 Help Desk individual may contact Technical Support of the ELA Maintenance Provider. The Tier 1 Help Desk shall provide support in such a way as to minimize repeat calls and make solutions to problems available to Licensee. (6) The Licensee may assign up to two (2) Tier 1 Help Desk individuals who will be the only individuals authorized to contact the ELA Maintenance Provider directly for Tier 2 Support. The Licensee shall identify such individuals in writing to the ELA Maintenance Provider. Licensee may revise such individuals upon written notice to the ELA Maintenance Provider. b.Tier 2 Support Provided by the ELA Maintenance Provider (1) ELA Maintenance Provider shall log calls received from the Tier 1 Help Desk individuals. (2) ELA Maintenance Provider shall attempt to resolve the Incident by assisting the Tier 1 Help Desk individuals. (3) When the Incident is resolved, ELA Maintenance Provider shall communicate the information to the Tier 1 Help Desk individuals, and the Tier 1 Help Desk shall disseminate the resolution to Licensee. (4) Tier 2 Support does not include Technical Support for troubleshooting access to Online Services, including access to Software licensed as software-as-a-service (SaaS). Incidents specific to a SaaS version of the Software are eligible for Tier 2 Support. VERTIGIS NA may, at VERTIGIS NA’s sole discretion, make patches, hot fixes, or updates available for downloading from VERTIGIS NA’s Web site or through any other means authorized by VERTIGIS NA. 29 01/2022 Page 9 of 13 ARTICLE 13. ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 13.1 Purchase Orders, Delivery, and Deployment a.Licensee shall issue a Purchase Order payable to VERTIGIS NA upon execution of the ELA and annually thereafter in accordance with the payment schedule. Payment shall be due and payable within thirty (30) days of the anniversary date of the Effective Date, with the initial payment due within thirty (30) days of execution of the ELA. b.Upon receipt of the initial Purchase Order from Licensee, VERTIGIS NA shall make available for download or deliver two (2) sets of media containing the Software, Data, and Documentation to Licensee for Deployment activities. c.VERTIGIS NA shall provide registration numbers or keycodes, as applicable, to activate the Software. d.Licensee shall Deploy, install, configure, and track installation of the Software. 13.2 Purchase Order Requirements a.All orders pertaining to this ELA shall be processed through Licensee’s centralized point of contact. b.The following information shall be included in each Purchase Order: (1) Licensee name, VERTIGIS NA customer number, if known, and bill-to and ship-to addresses (2) Purchase Order number (3) Applicable annual payment due (4) On the face page of its Purchase Order (or ordering document), Licensee shall insert: THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE SMALL MUNICIPAL AND COUNTY ELA, AND ANY DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS IN OR WITH THIS PURCHASE ORDER SHALL NOT APPLY. ARTICLE 14. ADMINISTRATIVE REQUIREMENTS 14.1 Product Obsolescence. During the term of this ELA, some Enterprise Software items may become obsolete, may no longer be commercially offered, or may no longer be available for unlimited quantity Deployment. Licensee may continue to use such Enterprise Software that has been Deployed for the term of the ELA, but updates for such obsolete Enterprise Software may not be available. 14.2 Renewal. Upon expiration of this ELA, the parties will evaluate Licensee’s requirements. Any follow-on ELA will be offered in accordance with license terms and conditions and pricing then in effect and based upon Licensee’s then current population count. 14.3 Force Majeure. Except with respect to payment obligations under this ELA, neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this ELA for failure or delay in fulfilling or performing any obligation under this ELA when such failure or delay is caused by or results from, directly or indirectly, causes beyond the reasonable control of the affected party, including but not limited to fire, floods, earthquakes, epidemic, embargoes, war, acts of war (whether war is declared or not), insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, cyberattacks, disruptions or outages of third party services, acts of God or acts, omissions or delays in acting by any governmental authority; provided, however, that the affected party shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall resume performance hereunder as commercially reasonable whenever such causes are removed. The affected party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of Force Majeure. 30 01/2022 Page 10 of 13 EXHIBIT 1 SCOPE OF USE (01/2022) The scope of use for each VERTIGIS NA Software identified below is described in the applicable footnotes listed in parentheses. VertiGIS Studio Enterprise Edition (1, 2, 3, 5, 6, 7, 8) Geocortex Essentials Standard Edition (4.x) (20) VertiGIS Studio Workflow (15, 16, 19) VertiGIS Studio Reporting (15, 16, 19, 22) VertiGIS Studio Printing (15, 16, 19, 22) VertiGIS Studio Workflow Builder Edition (15, 17, 19) VertiGIS Studio Reporting Builder Edition (15, 17,19, 22) VertiGIS Studio Printing Builder Edition (15, 17, 19, 22) VertiGIS Studio Mobile (GXM) (15, 19, 20, 21) VertiGIS Studio Web (GXW) (15, 19, 20) VertiGIS Studio Access Control (16, 19) Geocortex Analytics (5, 7, 8, 19) VertiGIS Studio Item Manager (19, 23) 31 01/2022 Page 11 of 13 1.“Development Server License.” Licensee may install and use the Software on a single computer to design and build applications that interface with or utilize server Software as described in the Documentation. 2.“Staging Server License.” Licensee may use and install the Software for the following purposes; user acceptance testing, performance testing, load testing of other third-party software, staging new commercial data update, and training activities. 3.“Production Server License.” Licensee may install and use the Software or Data to provide services to multiple users on the same or other computer(s). 4.“Single Application License.” Licensee may install and use the Software or Data for one (1) web-GIS application serving multiple users on the same or other computer(s). An application is defined as a discrete web-GIS viewer with a specific URL. 5.“License.” Licensee may use the subscription(s), Software, Online Services and Data for a limited time period. When the license term expires Licensee must either stop using the subscription(s), Software, Online Services, and Data, or renew or extend the license upon payment of applicable fees. Licensing is based on the greater of the number of Licensee’s activated ArcGIS®Identities (Online and Portal combined) or the number of ArcGIS® Enterprise GIS Server ArcGIS®Server and ArcGIS®Enterprise cores deployed by Licensee. 6.Extensions to Software programs and GEDS Software follow the same scope of use as that granted for the corresponding Software programs. 7.The administrative tools for the Software may be copied and redistributed throughout the Licensee’s organization. 8.Redundant Software installation(s) for failover operations may be implemented during the period the primary site is nonoperational. The redundant Software installation(s) shall remain dormant except for system maintenance and updating of databases while the primary site or any other site is operational. 9.Reserved. 10. Reserved. 11. Reserved. 12. Reserved. 13. Reserved. 14. Reserved. 15. For Commercial ASP Licensees, Commercial ASP Use is restricted to on premise deployment. 16. Licensed for use with a VertiGIS Studio or Geocortex Viewer (GVH). Not for use with Esri’s Web AppBuilder for ArcGIS®. 17. Licensed for use with Esri’s Web AppBuilder for ArcGIS ®. Not for use with a VertiGIS Studio or Geocortex Viewer (GVH). 18. Reserved. 19. Active VertiGIS Studio subscription required to use this Product. 32 01/2022 Page 12 of 13 20. Value-Added Applications: i.Value-Added Applications built with the Product are subject to the terms of use of ArcGIS Runtime Standard Level. Value-Added Application means an application developed by Licensee for use in conjunction with the authorized use of the Products. ii.Licensee may use the Product to create Value-Added Applications and distribute and license those Value-Added Applications to its end users in accordance with this Agreement to use anywhere not prohibited under export regulation or in violation of applicable privacy regulations and laws. Licensee is responsible compliance with applicable export control regulations and laws. iii.Licensee is responsible for the development, operation, and technical support of Licensee Content and Value-Added Applications. 21. Licensee may not use the Product to develop Internet or server-based Value-Added Applications. 22. Subscription license includes a SaaS consumption limit of 1GB per month. Licensee consumption in excess of 1GB per month may result in additional consumption costs to Licensee. 23. VERTIGIS NA disclaims and makes no representations or warranties whatsoever and provides no indemnities to Licensee for this Product or Licensee’s use thereof. The Product is offered as-is and is available for use at Licensee’s own risk. There is no maintenance or technical support provided for this Product. VERTIGIS NA reserves the right to discontinue this Product in its sole discretion without providing notice to Licensee. 33 01/2022 Page 13 of 13 EXHIBIT 2 ENTERPRISE SOFTWARE AND FEE SCHEDULE Licensee may Deploy the Software, Data, and Documentation and access Online Services up to the total quantity of licenses indicated below to Licensees. The quantities identified are the cumulative quantities available in any given year for the term of this ELA. Table A Enterprise License Software Product Total Qty SMC-ELA includes: Geocortex Essentials (4.x) VertiGIS Studio Workflow for use with Geocortex Viewer for HTML5, VertiGIS Studio Web or Web AppBuilder for ArcGIS® VertiGIS Studio Reporting for use with for use with Geocortex Viewer for HTML5, VertiGIS Studio Web or Web AppBuilder for ArcGIS® VertiGIS Studio Printing for use with for use with Geocortex Viewer for HTML5, VertiGIS Studio Web or Web AppBuilder for ArcGIS® VertiGIS Studio Item Manager VertiGIS Studio Access Control VertiGIS Studio Mobile VertiGIS Studio Web Geocortex Analytics Maintenance and unlimited basic technical support Unlimited Geocortex Virtual or Self-Directed Training Courses 1 course (Year 1) 1 course (Year 2) 1 course (Year 3) Geocortex Technical Advisor (Year 1)4 hours Table B Enterprise License Software The ELA Fee is $31,667 USD. The ELA Fee is in consideration of the Enterprise License Software, inclusive of the ELA Maintenance and basic technical support for the Term of this ELA. Year 1 (May 1, 2022 – August 31, 2023) Year 2 (September 1, 2023 – August 31, 2024) Year 3 (September 1, 2024 – August 31, 2025) ELA Fee Payments $12,667 (16-month term) $9,500 $9,500 $31,667 34 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Guaranteed Maximum Price Amendment to the Construction Contract for the Library Renovation Project. MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Guaranteed Maximum Price Amendment to the Construction Contract for the Library Renovation Project. STRATEGIC PLAN:5.1 Civic and Cultural Infrastructure: Expand Bozeman's civic and cultural "infrastructure" as the city grows. BACKGROUND:On November 9, 2021 the City Commission approved a Contract for General Contractor / Construction Manager Services with Martel Construction Inc. for the Bozeman Public Library Renovation. Formal bids for the project were received on March 9, 2022 following an extensive design process that required multiple revisions to fit within budget. This Amendment sets the Guaranteed Maximum Price (GMP) for the construction phase of the project not to exceed $3,819,115.00. Substantial completion is anticipated 12 months from notice to proceed. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:The Bozeman Public Library Renovation will be funded by the Library Foundation through a combination of capital reserves and donor contributions. $225,000 of the construction budget is obligated from the Library Depreciation Fund within the City Manager's Recommended Budget for FY23. Attachments: Bozeman Public Library Amendment No. 1 GMP 05.25.2022.pdf 35 Report compiled on: May 26, 2022 36 37 Memorandum REPORT TO:City Commission FROM:Max Ziegler - Facilities Project Coordinator Mike Gray - Facilities Superintendent SUBJECT:Authorize City Manager to Sign a Professional Services Agreement with ARC Environmental Inc. for Asbestos Testing at Bogert Pool and the Bozeman Swim Center MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign professional services agreement with ARC Environmental Inc. for asbestos testing at Bogert Pool and the Bozeman Swim Center. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:On November 2nd, 2021 the voters of the City of Bozeman approved a bond measure to fund the renovation of several recreation facilities, including Bogert Pool and the Bozeman Swim Center. In preparation for these projects going out to bid, the City seeks to conduct all necessary due diligence to assess potential project risks. Due to the age and construction of both aquatics facilities, it is recommended to test all materials which could potentially contain asbestos before construction activities begin. A licensed and certified asbestos inspector has been selected, ARC Environmental, who will sample all potential asbestos containing materials to be disturbed at both pools. The samples will be analyzed for asbestos content and a written report will be provided with the testing results. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The expense for this asbestos sampling and testing will be a fixed fee of $2,765, to be funded by the BGTPOL - Bogert Pool Improvements project fund. Attachments: Public Services Agreement - ARC Environmental - Bogert & Swim Center Asbestos Testing.pdf 38 Report compiled on: May 16, 2022 39 Version 8 30 21 Professional Services Agreement for Bogert & Swim Center Asbestos Testing Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, ARC Environmental Enterprises, Inc., 1065 Park Ln, Stevensville, MT 59870, 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 December, 2022, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, 40 Version 8 30 21 Professional Services Agreement for Bogert & Swim Center Asbestos Testing Page 2 of 11 Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that 41 Version 8 30 21 Professional Services Agreement for Bogert & Swim Center Asbestos Testing Page 3 of 11 Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent 42 Version 8 30 21 Professional Services Agreement for Bogert & Swim Center Asbestos Testing Page 4 of 11 jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements 43 Version 8 30 21 Professional Services Agreement for Bogert & Swim Center Asbestos Testing Page 5 of 11 must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. 44 Version 8 30 21 Professional Services Agreement for Bogert & Swim Center Asbestos Testing Page 6 of 11 b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Project Coordinator or such other individual as 45 Version 8 30 21 Professional Services Agreement for Bogert & Swim Center Asbestos Testing Page 7 of 11 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 Milan Plachy or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 46 Version 8 30 21 Professional Services Agreement for Bogert & Swim Center Asbestos Testing Page 8 of 11 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not 47 Version 8 30 21 Professional Services Agreement for Bogert & Swim Center Asbestos Testing Page 9 of 11 subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of 48 Version 8 30 21 Professional Services Agreement for Bogert & Swim Center Asbestos Testing Page 10 of 11 competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period 49 Version 8 30 21 Professional Services Agreement for Bogert & Swim Center Asbestos Testing Page 11 of 11 of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __________________________. **** 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 50 EXHIBIT A 51 ARC ENVIRONMENTAL ENTERPRISES INC. 1065 Park Ln. Stevensville Mt.59870 Missoula- 360-8639 Kalispell- 471-5105 Bozeman 599-7438 e-mail: arc.milan@yahoo.com 16 May 2022 ARC Env. Enterprises Inc. is in compliance with all applicable Federal, State and Local laws and regulations concerning asbestos, lead and mold removal and disposal. OSHA 29 CFR 1926.1101 Construction Industry Standard 29 CFR 1910.134 Respiratory Protection 29 CFR 1910.145 Specs for Accident Prevention, Signs and Tags EPA 40 CFR 61 A General Provisions 40 CFR 61 M National Emission Standard for Asbestos 40 CFR 763.120,121 Asbestos abatement projects NAMRI - National Association of Mold Remediators and Inspectors. Montana Administrative Rules 17.74.301 through 17.74 .401. ARC Env. Enterprises, Inc. is Montana State accredited, licensed and insured asbestos abatement contractor and provides project designs and asbestos AHERA inspections on all residential and commercial structures. ARC Env. Also specializes at mold and microbial cleanups and fire and water restoration. City of Bozeman, MT – Boger Pool & Bozeman Swim Cntr. This is a proposal for asbestos survey and lab testing at swimming pools( Bogert pool - 325 S Church Ave and 1211 W Main Str ) The project include collecting of construction samples of materials that are being impacted by reconstruction activities at these sites, lab analysis in NAVLAP certified laboratory and final findings in survey report . Price for the project is: $ 2,765.00 ARC Env. Enterprises, Inc. Milan Plachy 52 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Water Resources Engineer John Alston, Director of Utilities SUBJECT:Authorize the City Manager to Sign an Amendment 2 to the Professional Services Agreement with HDR Engineering Inc for the Bozeman Water Reclamation Facility Solids Handling Building Project MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Amendment 2 to the Professional Services Agreement with HDR Engineering Inc for the Bozeman Water Reclamation Facility Solids Handling Building Project STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The construction phase of the Bozeman Water Reclamation Facility (WRF) Solids Handling Building Project began March 2021 and is anticipated to be substantially complete in June or July of this year. Amendment 2 to the Professional Services Agreement (PSA), attached hereto, provides additional funding for HDR Engineering to provide ongoing construction administration services as the project approaches completion and closeout. The amendment is needed to address unexpected troubleshooting issues that were encountered during equipment/process startup and integration into the WRF’s industrial controls system. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Amendment 2 increases the construction administration PSA fee by a negotiated amount of $15,000. Funding for this cost increase is taken from FY22 wastewater fund CIP Project WW69 – Small Works Projects. Sufficient budget is available within this CIP project to cover the $15,000 increase. Attachments: Solids Amendment 2.pdf Report compiled on: May 25, 2022 53 1 Amendment No. 2 to Professional Services Agreement for WRF Solids Handling Building Project THIS AGREEMENT is made as of this ________ day of ____________________, 2022, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as OWNER and HDR Engineering, Inc., an Engineering Consulting Firm of Bozeman, Montana, herein referred to as ENGINEER. WHEREAS, the parties have entered into a Professional Services Agreement dated July 15, 2019, Amended once March 2, 2021, herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to further amend the provisions of this Agreement as contained within this Amendment No. 2. Revise Article 6.2.1 to read as follows: 6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to exceed $111,518.00 except as provided under 6.2.1.2 and 6.2.2. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: Except as specifically amended herein, the original agreement shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein. IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day and year first above written. CITY OF BOZEMAN ______________________________________ Jeff Mihelich City Manager ATTEST: ____________________________________ Mike Maas City Clerk 54 2 APPROVED AS TO FORM By: _________________________________ City Attorney HDR ENGINEERING, INC. By:_______________________________________ Jared Harris Vice President ATTEST: By:___________________________________ 55 Yes Optional tasks? Yes1 - Project Manager General - Coralynn Revis2 - Environmental Engineer Sr - Jarrett Moran12 - Project Controller - Paden Kaufman17 - Engineer Instrumentation Sr - Jeff Fischer20 - Engineer Instrumentation - Brandon LeeverTotal BudgetTask Task Description Status PJM15 EEG30 PJM01 EIN30 EIN20-1TOTAL HOURS LABOR COSTS EXPENSES TOTAL COST600.1General Administration of Construction Contract . 4 48 1,093$ -$ 1,093$ 600.2Resident Project Representative . 88 1,326$ -$ 1,326$ 630SCADA System Integration . 22 3860 10,500$ 53$ 10,553$ 650Project Start-Up.21012 2,028$ -$ 2,028$ Subtotal (including optional)6 18 4 22 38 88 14,947$ 53$ 15,000$ 6 18 4 22 38 88 14,947$ 53$ 15,000$ Other Direct CostsTask 600Construction Phase ServicesHDR56 Resource CodeDescription Billing Rate.PJM15Project Manager General184.96$ EEG30Environmental Engineer Sr165.79$ EIN30Engineer Instrumentation Sr184.9$ EIN20Engineer Instrumentation169.2$ 57 Memorandum REPORT TO:City Commission FROM:Taylor Chamber, Deputy City Clerk Mike Maas, City Clerk Scott McMahan, Information Technology Director Jeff Mihelich, City Manager SUBJECT:Authorize the City Manager to Sign Addendums 3 & 4 and Keyed Integration Addendum to the End User License Agreement with MCCi for Upgrades to the City's Laserfiche Repository MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign and Addendum 3 & 4 and Keyed Integration Addendum to the End User License Agreement with MCCi for Upgrades to the City's Laserfiche Repository 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:These three addendums are a continuation of the Laserfiche upgrade, capital improvement project GF284. These two additional services will allow the integration between the City's newly implemented Avolve ProjectDox software and Laserfiche permitting the streamlined retention of applications. UNRESOLVED ISSUES:None ALTERNATIVES:As per the Commission FISCAL EFFECTS:The combined one-time total of $6232.50 is available in the capital funding of project GF284. The ongoing subscription costs are budgeted along with other Laserfiche subscription costs in the City Clerk budget. Attachments: Addendum 3 to MSA 60994 - City of Bozeman - 23920 (FINAL).pdf Addendum 4 to MSA 60994 - City of Bozeman - 23921 (FINAL).pdf 58 City of Bozeman - Keyed Integration Addendum to EULA - 4- 25-22 (002) (1).pdf Report compiled on: May 20, 2022 59 ADDENDUM NO. 3 TO MASTER SERVICES AGREEMENT NO. 60994 LASERFICHE EXPANSION ORDER Addendum No. 3 to Master Services Agreement No. 60994 Page 1 of 10 Pursuant to Master Services Agreement No. 60994 ("Agreement"): This Laserfiche Expansion Order, designated as Addendum No. 3 is entered into as of _________________, (“Addendum Effective Date”), by and between MCCi and Client and is hereby incorporated into the Agreement and made a part thereof. If there is any conflict between a provision of the Agreement and this Addendum, the Agreement will control. Any capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. This Order supersedes any previous quote or proposals received. IN WITNESS WHEREOF, the Parties hereto have caused this Addendum No. 3 to be executed by their respective duly authorized representatives as of the Addendum Effective Date. MCCi, LLC CITY OF BOZEMAN (“Client”) Signed: __________________________ Signed: ___________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: _____________________________ 60 Addendum No. 3 to Master Services Agreement No. 60994 Page 2 of 10 PRICING: LASERFICHE EXPANSION 3717 Apalachee Parkway, Suite 201 Bill /Ship to: Mike Maas Tallahassee, FL 32311 mmaas@bozeman.net 850.701.0725 cc AP Contact: mmaas@bozeman.net 850.564.7496 fax Client Name: City of Bozeman Quote Date: May 20, 2022 Client Address: PO Box 1230, Bozeman, MT 59771 Quote Number: 23920 Order Type: Expansion Product Description: Qty. Unit Cost Annual Total LASERFICHE ANNUAL SUBSCRIPTION - BASIC  Laserfiche Full Rights Keyed Concurrent User 5 $630.00 $3,150.00 Laserfiche Annual Recurring Subscription Subtotal $3,150.00 GRAND TOTAL - RECURRING ANNUAL SUPPORT/SUBSCRIPTION $3,150.00 Service Description: Qty. Unit Cost Total MCCi SERVICE PACKAGES  Implementation Services Package Cost is based on the current components provided herein. MCCi's certified personnel will administer these services to assist Client with implementing the software/subscription components purchased. 1 $675.00 $675.00 Service Packages Subtotal 1 $675.00 GRAND TOTAL - ONE-TIME SERVICES $675.00  Laserfiche Recurring Annual Subscription Proration for 6 Months ($1,575.00)  Service Level Agreement Client Discount 1 ($67.50) ($67.50) TOTAL LASERFICHE PROJECT COST $2,182.50 All Quotes Expire 30 Days from Quote Date This is NOT an invoice. Please use this confirmation to initiate Client’s purchasing process. 61 Addendum No. 3 to Master Services Agreement No. 60994 Page 3 of 10 RECURRING SERVICES The Recurring Services portion of this Order will be based on the pricing at the time of renewal. It will systematically renew unless written notice of termination has been provided per the master agreement. In the event that a manufacturer increases its prices for recurring annual services, the increase will be passed along to the Client. No more than once per year, MCCi may adjust its recurring annual services to coincide with current U.S. inflation rates; any increase will not exceed the cumulative increase in the Consumer Price Index (CPI) occurring since the last price increase. SALES TAX Sales tax will be invoiced where applicable and is not included in the fee quote above. REMOTE SERVICES All services will be performed remotely unless noted otherwise. 62 Addendum No. 3 to Master Services Agreement No. 60994 Page 4 of 10 PRODUCT ORDER TERMS MCCi will process Product Orders as follows: Product/Service Description Timing of Product Order All Software, Recurring Annual Support/Subscription, and Supplemental Support Services Within 30 days of receipt of Order The act of MCCi processing orders determines the start date of annual Recurring Service periods. Establishment of BILLING TERMS MCCi will invoice Client as follows: Product/Service Description Timing of Billing All Software, Recurring Annual Support/Subscription, and Supplemental Support Services ▪ Initial Sale: Upon delivery of software or activation of the subscription ▪ Annual Renewal: 75 days in advance of expiration date Service Packages 100% upon delivery completion and Client acceptance MCCi shall not send any invoices nor claim payment for any fees or expenses incurred by MCCi until both parties authorize this Order. Sales tax will be invoiced where applicable and is NOT included in the Pricing section. 63 Addendum No. 3 to Master Services Agreement No. 60994 Page 5 of 10 SERVICE PACKAGES GENERAL ASSUMPTIONS To determine which platform/licenses are applicable, please refer to the Pricing section. The following assumptions serve as the basis for the Service Package(s) reflected below. Any service or activity not described below is not included in the Scope of services to be provided. Variations to the following may impact the Service Package’s cost and/or schedule justifying a change order. ▪ MCCi‘s completion of a Deliverable to Client shall constitute that MCCi has conducted its own review and believes it meets Client’s requirements. Client shall then have the right to conduct its own review of the Deliverable as Client deems necessary. If Client, in its reasonable discretion, determines that any submitted Deliverable does not meet the agreed upon expectations, Client shall have five (5) business days after MCCi’s submission to give written notice to MCCi specifying the deficiencies in reasonable detail. MCCi shall use reasonable efforts to promptly resolve any such deficiencies. Upon resolution of any such deficiencies, MCCi shall resubmit the Deliverable for review as set forth above. Notwithstanding the foregoing, if Client fails to reject any Deliverable within five (5) business days, such Deliverable shall be deemed accepted. ▪ If either party identifies a business issue during the project, MCCi and Client must jointly establish a plan to resolve the issues with potential impact analysis of timeline and budget within five (5) business days of identification. Any necessary business decision resulting from the identified business issues must be made by Client within five (5) business days from request. ▪ Client is responsible to ensure that adequate hardware/infrastructure is in place and capable of handling the extra resources that may be required to support the services performed. ▪ Any additional software licensing needs related to this service/process configuration have not been considered or included as part of service packages. Client is responsible for ensuring that the required software licensing is available. ▪ If the Services require MCCi to access or use any third party software products provided or used, Client warrants that it shall have all rights and licenses of third parties necessary or appropriate for MCCi to access or use such third party products and agrees to produce evidence of such rights and licenses upon the reasonable request of MCCi and to indemnify, hold harmless and defend MCCi from and against any claims, actions, demands, lawsuits, damages, liabilities, settlements, penalties, fines, costs and expenses (including reasonable attorneys’ fees) to the extent arising from MCCi’s access to or use of such third party products. ▪ Client will maintain primary contacts and project staff for the duration of the project, as a change in staff may result in a change order for time spent by MCCi on retraining, reeducating, or changes in direction. ▪ Through the course of this project, MCCi may choose to utilize the third-party service Asana (http://www.asana.com) for project management and team collaboration. Documentation and correspondence exchanged between MCCi and Client may be stored in Asana. ▪ Client will ensure that all Client’s personnel who may be necessary or appropriate for the successful performance of the services will, on reasonable notice: (i) be available to assist MCCi’ personnel by answering business, technical and operational questions and providing requested documents, guidelines and procedures in a timely manner; (ii) participate in the services as reasonably necessary; and (iii) be available to assist MCCi with any other activities or tasks required to complete the services. ▪ All Services pricing assumes the Client will grant MCCi unattended access to the required infrastructure for the project. Failure to provide this access will result in a Change Order increasing the cost to the Client and the timeline of the project. ▪ Projects enter “On-Hold” status when (i) Client requests a delay in starting a new project, or (ii) Client is unresponsive for more than 15 business days during an active project. On-Hold status will remain until a new project start date is mutually agreed upon, or until Closed. MCCi may elect to Close the project due to project remaining On-Hold for more than 35 business days. 64 Addendum No. 3 to Master Services Agreement No. 60994 Page 6 of 10 ▪ Projects that are Closed prior to completion, will be billed for any progress made to date and the MCCi project team will no longer be assigned to the project. Billing for progress made to date is based on the number of hours worked or the estimated percentage of the project that has been completed, whichever is greater. Subsequently, a new order is required to restart a Closed project, and to have new MCCi project resources assigned. ▪ Client will provide a single point of contact responsible for coordinating communications and scheduling amongst Client stakeholders. ▪ MCCi will conduct a project kickoff call with Client to set objectives and review systems/processes used. ▪ Google Chrome or Chrome Microsoft Edge is installed on all Laserfiche servers. ▪ TLS 1.2 is configured on all Laserfiche servers. ▪ Firewall ports will be opened for and unattended remote access on all necessary servers will be granted to MCCi. ▪ All services will be performed Monday – Friday, 8 am to 5 pm EST. ▪ MCCi will only provide recordings of trainings or meetings if requested in advance. Requested recordings will be available through the Training Center for Laserfiche. Client will acquire, install, and setup TLS certificates that meet application requirements. ▪ GENERAL TESTING DEFINITIONS ▪ Alpha Testing – Defined as internal acceptance testing performed by the project team prior to releasing the product or configuration to the Client ▪ Basic Deployment Testing – Defined as testing to ensure that the crucial functions of the system are operating properly and that the deployment is stable ▪ Beta Testing – Defined as the testing performed to verify functionality and fulfillment of user requirements ▪ User Acceptance Testing – Defined as testing performed by the Client’s users to verify and accept the implemented functionality or deployment GENERAL EXCLUSIONS ▪ MCCi is not responsible for assigning an external URL for any web-based platform/software module. ▪ MCCi is not responsible for creating or maintaining backups, backup plans or recovery plans. ▪ MCCi is not responsible for creating training documentation. ▪ MCCi is not responsible for final testing including, but not limited to, configuration changes made by Client prior to system handoff. ▪ Except where specifically noted, no custom coding is included; configuration work is restricted to the capabilities associated with the out-of-the-box solution. IMPLEMENTATION SERVICES PACKAGE MCCi’s certified personnel will administer these services to assist Client with implementing the software/subscription components purchased. MCCi ACTIVITIES AND/OR DELIVERABLES Professional Services may include any of the following for the purchased components: ▪ Project management associated with the proposed solution: ▪ Outlining requirements ▪ Setting expectations for project success ▪ Assistance with basic repository configuration and user account setup (Laserfiche only) ▪ Basic configuration of all software components and remote installation as needed ▪ Review of implemented solution 65 Addendum No. 3 to Master Services Agreement No. 60994 Page 7 of 10 MCCi ASSUMPTIONS TECHNICAL SUPPORT Clients may contact MCCi support via MCCi’s Online Support Center, email (support@mccinnovations.com), or telephone 866-942-0464. Support is available Monday through Friday (excluding major holidays) from 8 am to 8 pm Eastern Time. PROFESSIONAL SERVICES CHANGE ORDER PROCESS Any deviations from the contract will be documented in a Change Order that Client must execute. CONFIGURATION ASSISTANCE Many of MCCi’s packages list remote configuration assistance for up to a certain number of days. This is based on total days, not business days. TRAVEL MCCi will schedule travel in consecutive days for most engagements unless otherwise stated or agreed upon. SCHEDULING All rates are based on normal business hours, Monday through Friday from 8 am to 5 pm local time. If scheduling needs to occur after business hours, additional rates may apply. RETURN POLICY Any product returns are subject to the manufacturer’s return policy. LIMITED LIABILITY If the Master Agreement is silent on each Parties’ limited liability, liability is limited to the amount of dollars received by MCCi directly associated with this Order. PRE-EXISTING INTELLECTUAL PROPERTY (IP) The following products noted below are deemed Pre-existing IP as defined in the Master Agreement and are not considered “Works Made for Hire” and as such all rights, title or interest remains with MCCi. Client shall retain, a non- exclusive, royalty-free, world-wide, perpetual license to use the product(s) is such product(s) is integrated into the solution purchased by Client. ▪ Laserfiche PowerPack by MCCi ▪ Laserfiche EnerGov Integration by MCCi ▪ Laserfiche Neogov Integration by MCCi ▪ GoFiche Suite for Avante/Rio/Subscription ▪ Common Web Service API for Laserfiche CLIENT SOLUTION CUSTOMIZATIONS Client may also choose to customize their system internally, without MCCi’s help. MCCi is not responsible for any damages caused by the user’s customization of the system not performed by MCCi. MCCi will not be held responsible for correcting any problems that may occur from these customizations. Routine updates to as provided by software 66 Addendum No. 3 to Master Services Agreement No. 60994 Page 8 of 10 manufacturers may affect any customizations made by entities other than MCCi. If MCCi’s help is required to correct/update any customizations made by any entity other than MCCi, appropriate charges will apply. CLIENT INFORMATION TECHNOLOGY ASSISTANCE For MCCi to excel in providing the highest level of service, Client must provide timely access to technical resources. Client must provide adequate technical support for all MCCi installation and support services. If Client does not have “in-house” technical support, it is Client’s responsibility to make available the appropriate Information Technology resources/consultant when needed. 67 Addendum No. 3 to Master Services Agreement No. 60994 Page 9 of 10 LASERFICHE ASSUMPTIONS The following assumptions are current as of the date of order. Manufacturer’s terms and conditions are subject to change. LASERFICHE END USER LICENSE AGREEMENT (EULA) By accepting this Order, Client acknowledges Laserfiche’s EULA and agrees to abide by its terms and absolve MCCi of any Laserfiche product-related liability. LASERFICHE SOFTWARE SUPPORT PLAN MCCi acts as first-tier support and works with Laserfiche, who would provide second-tier level support when needed. Laserfiche software support plans are applicable to actively supported perpetual software and are bundled with on- premises Subscription and Cloud systems. All software support plans are on a yearly subscription basis and accompany the applicable software product designed, developed, created, written, owned, or licensed by Laserfiche. On-premises Subscription and Cloud system subscribers are advised to export data from their Laserfiche system prior to cancellation or any other termination. ACTIVE LASERFICHE SOFTWARE SUPPORT PLAN BENEFITS INCLUDE: ▪ Easy remote access to MCCi’s team of Laserfiche Gold Certified Support Technicians ▪ Access to new product update versions and hotfixes ▪ Software credit eligibility for product upgrades, as determined by Laserfiche’s then current policy ▪ Continued access to Client’s Laserfiche solution* * Specific to Laserfiche Cloud and Laserfiche on-premises Subscription licensed Clients POLICIES ▪ To receive periodic product updates for a Laserfiche Software Solution, its associated software support plan must be purchased and maintained throughout the software term. ▪ All software support plan subscriptions are annual, prepaid and non-refundable ▪ The annual term start date for new systems is established by Laserfiche at the time MCCi submits an order to Laserfiche on Client’s behalf. ▪ For platform upgrades, software and support credit eligibility is determined by Laserfiche’s then current policy. To receive any available software or support credit, Client’s support plan must be active (i.e., support plan has not expired) ▪ For expansion purchases, the applicable service period is prorated to match Client’s existing or future service period, which is dependent on Laserfiche’s then current policy and the timing of the expansion order vs. the Client’s annual service period renewal date (i.e. prorating for less than four months may not be permittable due to the timing of renewal invoicing.) LATE PAYMENTS ▪ If payment is not received before Client’s renewal date, Client’s Laserfiche software support plan expires. Please allow up to five (5) business days after receipt of payment for MCCi to process renewal payment to Laserfiche. ▪ Impact of Expiration: ▪ Client will be able to access MCCi Support Technicians for 30 days post expiration. However, if there are support issues that require Laserfiche involvement, these issues cannot be resolved until Client’s support is renewed. ▪ Perpetual software support plan: Access to the Laserfiche support website and Laserfiche technicians will no longer be available until MCCi receives Client’s renewal payment and processes payment to Laserfiche. ▪ Laserfiche on-premises Subscription or Laserfiche Cloud: Access to Client’s Laserfiche solution will be turned off after 30 days and Client’s access to the Laserfiche support website, and Laserfiche technicians will no longer be 68 Addendum No. 3 to Master Services Agreement No. 60994 Page 10 of 10 available until MCCi receives Client’s renewal payment and processes payment to Laserfiche. Laserfiche on- premises Subscription Clients must reactivate the on-premises Subscription system following payment of the software support plan renewal to ensure uninterrupted usage. ▪ Reinstatement Fees: In order to receive uninterrupted support for perpetual on-premises Laserfiche Software Solutions, Client must maintain a software support plan for the term of the Laserfiche Software Solution. In the event that Client’s software support plan is expired for more than 45 days, the plan will need to be reinstated. Reinstatements reset the annual date of the software support plan, and the cost includes one year of the software support plan in addition to the Reinstatement Fee. The Reinstatement Fee is a 10% markup on the lapsed value of the software support plan. The Reinstatement Fee includes the number of days lapsed since your software support plan expired. INTEGRATIONS Third-party Laserfiche integrations or utilities may consume one (1) or more Laserfiche user licenses depending on how the vendor designed and coded the integration. These additional licensing needs should be verified by Client and considered in the user licensing purchased. LASERFICHE SOLUTION PROVIDER OF RECORD As Client’s current Solution Provider of Record, Laserfiche’s policy dictates that MCCi is the only Laserfiche Solution Provider that has access to Client’s support account, along with the ability to download software licenses and activations, process subscription renewals and initiate additional purchases on Client’s behalf. Unless Client decides to cancel Client’s contract with MCCi or work with Laserfiche to formally change Client’s Laserfiche Solution Provider of Record, future purchases and subscription renewals will be processed and provided by MCCi. 69 ADDENDUM NO. 4 TO MASTER SERVICES AGREEMENT NO. 60994 MCCi SERVICES ORDER Addendum No. 4 to Master Services Agreement No. 60994 Page 1 of 7 Pursuant to Master Services Agreement No. 60994 ("Agreement"): This MCCi Services Order, designated as Addendum No. 4 is entered into as of _________________, (“Addendum Effective Date”), by and between MCCi and Client and is hereby incorporated into the Agreement and made a part thereof. If there is any conflict between a provision of the Agreement and this Addendum, the Agreement will control. Any capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. This Order supersedes any previous quote or proposals received. IN WITNESS WHEREOF, the Parties hereto have caused this Addendum No. 4 to be executed by their respective duly authorized representatives as of the Addendum Effective Date. MCCi, LLC CITY OF BOZEMAN (“Client”) Signed: __________________________ Signed: ___________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: _____________________________ 70 Addendum No. 4 to Master Services Agreement No. 60994 Page 2 of 7 PRICING: MCCi SERVICES 3717 Apalachee Parkway, Suite 201 Bill /Ship to: Mike Maas Tallahassee, FL 32311 mmaas@bozeman.net 850.701.0725 cc AP Contact: mmaas@bozeman.net 850.564.7496 fax Client Name: City of Bozeman Quote Date: May 22, 2022 Client Address: PO Box 1230, Bozeman, MT 59771 Quote Number: 23921 Order Type: Services Service Description: Qty. Unit Cost Total MCCi SERVICE PACKAGES Laserfiche Filing Workflow Configuration Up to 15 Document Types. 1 $4,500.00 $4,500.00 Service Packages Subtotal 1 $4,500.00 GRAND TOTAL - ONE-TIME SERVICES $4,500.00 Service Level Agreement Client Discount 1 ($450.00) ($450.00) TOTAL LASERFICHE PROJECT COST $4,050.00 All Order Pricing Expires in 30 Days This is NOT an invoice. Please use this confirmation to initiate your purchasing process. SALES TAX Sales tax will be invoiced where applicable and is not included in the fee quote above. REMOTE SERVICES All services will be performed remotely unless noted otherwise. 71 Addendum No. 4 to Master Services Agreement No. 60994 Page 3 of 7 BILLING TERMS MCCi will invoice Client as follows: Product/Service Description Timing of Billing Service Packages 100% upon delivery completion and Client acceptance. MCCi shall not send any invoices nor claim payment for any fees or expenses incurred by MCCi until both parties authorize this Order. Sales tax will be invoiced where applicable and is NOT included in the Pricing section. 72 Addendum No. 4 to Master Services Agreement No. 60994 Page 4 of 7 SERVICE PACKAGES GENERAL ASSUMPTIONS To determine which platform/licenses are applicable, please refer to the Pricing section. The following assumptions serve as the basis for the Service Package(s) reflected below. Any service or activity not described below is not included in the Scope of services to be provided. Variations to the following may impact the Service Package’s cost and/or schedule justifying a change order.  MCCi‘s completion of a Deliverable to Client shall constitute that MCCi has conducted its own review and believes it meets Client’s requirements. Client shall then have the right to conduct its own review of the Deliverable as Client deems necessary. If Client, in its reasonable discretion, determines that any submitted Deliverable does not meet the agreed upon expectations, Client shall have five (5) business days after MCCi’s submission to give written notice to MCCi specifying the deficiencies in reasonable detail. MCCi shall use reasonable efforts to promptly resolve any such deficiencies. Upon resolution of any such deficiencies, MCCi shall resubmit the Deliverable for review as set forth above. Notwithstanding the foregoing, if Client fails to reject any Deliverable within five (5) business days, such Deliverable shall be deemed accepted.  If either party identifies a business issue during the project, MCCi and Client must jointly establish a plan to resolve the issues with potential impact analysis of timeline and budget within five (5) business days of identification. Any necessary business decision resulting from the identified business issues must be made by Client within five (5) business days from request.  Client is responsible to ensure that adequate hardware/infrastructure is in place and capable of handling the extra resources that may be required to support the services performed.  Any additional software licensing needs related to this service/process configuration have not been considered or included as part of service packages. Client is responsible for ensuring that the required software licensing is available.  If the Services require MCCi to access or use any third party software products provided or used, Client warrants that it shall have all rights and licenses of third parties necessary or appropriate for MCCi to access or use such third party products and agrees to produce evidence of such rights and licenses upon the reasonable request of MCCi and to indemnify, hold harmless and defend MCCi from and against any claims, actions, demands, lawsuits, damages, liabilities, settlements, penalties, fines, costs and expenses (including reasonable attorneys’ fees) to the extent arising from MCCi’s access to or use of such third party products.  Client will maintain primary contacts and project staff for the duration of the project, as a change in staff may result in a change order for time spent by MCCi on retraining, reeducating, or changes in direction.  Through the course of this project, MCCi may choose to utilize the third-party service Asana (http://www.asana.com) for project management and team collaboration. Documentation and correspondence exchanged between MCCi and Client may be stored in Asana.  Client will ensure that all Client’s personnel who may be necessary or appropriate for the successful performance of the services will, on reasonable notice: (i) be available to assist MCCi’ personnel by answering business, technical and operational questions and providing requested documents, guidelines and procedures in a timely manner; (ii) participate in the services as reasonably necessary; and (iii) be available to assist MCCi with any other activities or tasks required to complete the services.  All Services pricing assumes the Client will grant MCCi unattended access to the required infrastructure for the project. Failure to provide this access will result in a Change Order increasing the cost to the Client and the timeline of the project. 73 Addendum No. 4 to Master Services Agreement No. 60994 Page 5 of 7 LASERFICHE FILING WORKFLOW CONFIGURATION MCCi’s Laserfiche Filing Workflow Configuration Services are designed to be highly collaborative. The goal is to provide a customized process that allows Client’s organization to archive specified records in a proper format and location that is consistent with Client’s organization’s standards. To execute, MCCi’s team of expert Project Managers and System Engineers will work with Client’s Project Manager to build a Filing Workflow in Client’s Laserfiche environment. CLIENT DELIVERABLES  Provide MCCi with a mapped out narrative and flowchart of the specified business process  Thoroughly define each resource and activity in the business process, including, without limitation, any exceptions  Complete requirements gathering with MCCi Project Manager to define document types, naming schemes, folder paths, and metadata MCCi ACTIVITIES AND/OR DELIVERABLES  Configure a Laserfiche Filing Workflow to file documents in the Laserfiche repository (not to exceed 15 document types)  Rename documents and route to appropriate folder structure  Create up to three (3) Laserfiche templates and up to seven (7) fields per template  Provide MCCi Project Manager for consultation  Set root-level security EXCLUSIONS  Business routing logic  Metadata restructuring  Records Management settings  Cleanup of existing documents  Automated security configuration  Anything not expressly included ASSUMPTIONS  Workflow is already installed and configured 74 Addendum No. 4 to Master Services Agreement No. 60994 Page 6 of 7 MCCi ASSUMPTIONS TECHNICAL SUPPORT Clients may contact MCCi support via MCCi’s Online Support Center, email (support@mccinnovations.com), or telephone 866-942-0464. Support is available Monday through Friday (excluding major holidays) from 8 am to 8 pm Eastern Time. PROFESSIONAL SERVICES CHANGE ORDER PROCESS Any deviations from the contract will be documented in a Change Order that Client must execute. CONFIGURATION ASSISTANCE Many of MCCi’s packages list remote configuration assistance for up to a certain number of days. This is based on total days, not business days. TRAVEL MCCi will schedule travel in consecutive days for most engagements unless otherwise stated or agreed upon. SCHEDULING All rates are based on normal business hours, Monday through Friday from 8 am to 5 pm local time. If scheduling needs to occur after business hours, additional rates may apply. LIMITED LIABILITY If the Master Agreement is silent on each Parties’ limited liability, liability is limited to the amount of dollars received by MCCi directly associated with this Order. PRE-EXISTING INTELLECTUAL PROPERTY (IP) The following products noted below are deemed Pre-existing IP as defined in the Master Agreement and are not considered “Works Made for Hire” and as such all rights, title or interest remains with MCCi. Client shall retain, a non- exclusive, royalty-free, world-wide, perpetual license to use the product(s) is such product(s) is integrated into the solution purchased by Client.  Laserfiche PowerPack by MCCi  Laserfiche EnerGov Integration by MCCi  Laserfiche Neogov Integration by MCCi  GoFiche Suite for Avante/Rio/Subscription  Common Web Service API for Laserfiche CLIENT SOLUTION CUSTOMIZATIONS Client may also choose to customize their system internally, without MCCi’s help. MCCi is not responsible for any damages caused by the user’s customization of the system not performed by MCCi. MCCi will not be held responsible for correcting any problems that may occur from these customizations. Routine updates to as provided by software manufacturers may affect any customizations made by entities other than MCCi. If MCCi’s help is required to correct/update any customizations made by any entity other than MCCi, appropriate charges will apply. 75 Addendum No. 4 to Master Services Agreement No. 60994 Page 7 of 7 CLIENT INFORMATION TECHNOLOGY ASSISTANCE For MCCi to excel in providing the highest level of service, Client must provide timely access to technical resources. Client must provide adequate technical support for all MCCi installation and support services. If Client does not have “in-house” technical support, it is Client’s responsibility to make available the appropriate Information Technology resources/consultant when needed. 76 Page 1 KEYED INTEGRATION ADDENDUM TO LASERFICHE END USER LICENSE AGREEMENT This Keyed Integration Addendum (“Addendum”) to the Laserfiche End User License Agreement ("EULA") is made by and between Compulink Management Center, Inc., a California corporation doing business as Laserfiche ("Laserfiche"), and the entity or person(s) (referred to as the "Licensee") named on the signature page of this Addendum. A. Licensee has a Laserfiche Software solution subject to the EULA, and Licensee seeks to add additional functionality to enable Licensee to make a limited number of multiple simultaneous connections to Licensee’s Laserfiche server by acquiring a Keyed Integration License (the “Keyed License”), subject to the terms and conditions of this Addendum. B. Laserfiche will grant Licensee the additional functionality of the Keyed License, subject to the terms and conditions of this Addendum. Therefore, the parties agree: 1. Keyed Integration License. Laserfiche grants Licensee the right to make multiple simultaneous connections to its Laserfiche server, subject to the following terms, conditions and limitations: (a) The number of simultaneous connections may not exceed the number stated in Appendix A of this Addendum and/or in the Laserfiche documentation that accompanies Licensee’s acquisition of the Keyed License that Laserfiche will generate; (b) the Keyed License may only be used to allow another software program (the “Program”), which has been approved by Laserfiche and is designed to be integrated with the Keyed License software, to make Keyed License connections to Laserfiche; (c) the Keyed License is only for those purposes and functionality described in Appendix A of this Addendum, and it may not be used for any other purposes or functionality; and (d) if and when the Program opens the maximum number of connections to the Laserfiche server, the Laserfiche server will automatically prevent the Program from opening additional connections until one or more simultaneous connections are closed. 2. Limited Exception to Multiplexing Restrictions. Licensee acknowledges that the EULA, strictly prohibit multiplexing in any form. "Multiplexing" occurs when a licensee or an end user utilizes hardware, software, an automated process, or other technical means (1) to pool connections, reroute information, or reduce the number of devices or users that directly access or use a Laserfiche Software product; or (2) to permit access to more user connections than are authorized by the EULA; or (3) to automatically, routinely, or systematically reallocate named user connections for the purpose of either reducing the number of named user licenses required by a licensee, or avoiding the purchase of additional named user licenses. The parties agree that 77 Page 2 the Keyed License is a limited exception to Laserfiche’s prohibition against multiplexing and that this exception is, and will be, strictly limited to the specific technology offered by the Program for the purposes and functionality described in Appendix A of this Addendum. 3. Keyed License Subject to EULA. Except as expressly stated above, all terms and conditions of the EULA between the parties hereto will continue in full force and effect. This Addendum is executed and effective as of April 25, 2022. Compulink Management Center, Inc. City of Bozeman dba Laserfiche By: By: Catherine Wilson Name:______________________ Director of Pricing and Packaging Title:________________________ Addresses for all Notices: Laserfiche City of Bozeman 3443 Long Beach Blvd. 121 N. Rouse Ave. Long Beach, California 90807 Bozeman, MT 59715 Email: notices@laserfiche.com E-mail: mmaas@bozeman.net 78 Page 3 Appendix A to Keyed Integration License Addendum Maximum Number of Permitted Simultaneous Connections: 5 full rights keyed concurrent user connections. Describe Purposes and Functionality of Licensee’s Program: These additional connections will be utilized for the City’s plan review processes (building permits/planning & zoning) and integrate with the City’s Avolve software so the city can forward documents to the Laserfiche repository from Avolve. Approved by Laserfiche Only for Specific Purposes and Functionality Described Above. 79 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Task Order 4 with Baker Tilly for Housing and Economic Development Project Financial Feasibility and Debt Capacity Analysis in the Midtown Urban Renewal District MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Task Order 4 with Baker Tilly for Housing and Economic Development Project Financial Feasibility and Debt Capacity Analysis in the Midtown Urban Renewal District. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City of Bozeman established the Midtown Urban Renewal District to facilitate development/redevelopment and the financing of certain public improvements surrounding Bozeman’s North 7th Avenue corridor. The City has requested assistance with preparing financial feasibility and debt capacity analysis related to financing of certain public infrastructure and other public improvements. The purpose of this task order is to outline a scope of work, estimated fee and time frame for completion. The outcome would be to provide a financial/debt capacity context as the City moves forward with the consideration of development options and candidate projects. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommend by the City Commission. FISCAL EFFECTS:The work as described will be completed with an estimated fee in the range of $4,250-$6,200 which is available in the Midtown Urban Renewal Budget. Attachments: Baker Tilly Task Order 4.pdf Bozeman Midtown Urban Renewal Financial Analysis and Revenue Projections scope.pdf 80 Report compiled on: May 19, 2022 81 City of Bozeman Term Contract Housing and Economic Development Project Financial Analysis and Related Services Task Order 4 PROJECT: Housing and Economic Development Project Financial Analysis and Related Services – Financial Feasibility and Debt Capacity Analysis Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Baker Tilly Municipal Advisors, LLC for Housing and Economic Development Project Financial Analysis and Related Services. This Task Order is dated June 7, 2022 between the City of Bozeman and Baker Tilly Municipal Advisors (Contractor). The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Renewal Program Manager Contractor: Mikaela Huot, Baker Tilly Municipal Advisors, LLC SCOPE OF WORK: The scope for this task order is for work on housing and economic development financial analysis and related services as request by the City as described in the attached scope of work requested. COMPENSATION: Baker Tilly Municipal Advisors, LLC will bill for its services based on the attached scope of work and rate sheet previously provided. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Baker Tilly Municipal Advisors, LLC Jeff Mihelich, City Manager Mikaela Huot, Director 82 Page 1 Scope of Work Midtown Urban Renewal Tax Increment Financing District Financial Analysis City of Bozeman, Montana Financial Feasibility and Debt Capacity Analysis May 2022 The City of Bozeman established the Midtown Urban Renewal District to facilitate development/redevelopment and the financing of certain public improvements surrounding Bozeman’s North 7th Avenue corridor. The City has requested assistance with preparing financial feasibility and debt capacity analysis related to financing of certain public infrastructure and other public improvements. The purpose of this document is to outline a scope of work, estimated fee and time frame for completion. The outcome would be to provide a financial/debt capacity context as the City moves forward with the consideration of development options and candidate projects. Baker Tilly’s proposed scope of work includes the following activities: Objectives  To review and analyze the District’s revenue streams, both historical and prospective to project financial feasibility and debt capacity  To review and analyze a budget of proposed project(s) costs including bond issuance expenses and estimate potential financial capacity(ies) impacts Analysis 1) Financial Feasibility Review a. Review supplied financial information for reasonableness b. Suggest alternative assumptions and provide sensitivity analysis c. Forecast the projected tax increment revenues to be generated over the life of the District(s) based on those assumptions d. Assess the sufficiency of the tax increment to support project costs e. Prepare cash flow analysis based on sensitivity analysis 2) Development of Financial Plan a. Establish a budget of project costs and timing for implementation b. Suggest interest rates based upon varying lengths of maturities for bonds c. Suggest the probable annual debt service and/or lease rental payment requirements over the term of the bonds 3) Debt Capacity Analysis a. The findings of the financial feasibility study will be considered. Items to be considered will include but not be limited to: i. Profile debt issuance alternatives with accompanying pluses-and-minuses of each ii. Profile security profile and marketability of alternatives iii. Provide estimates of potential debt structures and related financial impacts iv. Effect upon the debt service tax rate, and interrelationship of overlapping taxing units, if applicable v. Effect on debt service coverage of revenue supported debt, if applicable b. Consideration of expected trends in net assessed value, if applicable c. Alternative sources of funding, grant funding, contributions, etc. 83 Page 2 Deliverable  Financial analysis with levels of public financing  Summary of District(s) financial and debt capacity estimates with supporting financial analysis Compensation The work as described will be completed with an estimated fee in the range of $4,250 - $6,200. Excluded from the fee indicated above is any out-of-pocket expenses such as travel, copies, faxes, conference calls, or other expenses necessary to complete the project. Additional work requested and authorized by the City outside the scope of services described in this proposal will be invoiced at our standard hourly rates. Completion Date Upon full receipt of the requested information, Baker Tilly will complete the above work processes and outcomes within 2-3 weeks, subject to receipt of all information. We will be successful in meeting the requested time frames for completion recognizing it is highly dependent on the timing and completeness of the information received. A delay in receipt of critical material may result in an extension of the completion date. Sincerely, Mikaela Huot, Director Signature Section: The services and terms as set forth in this Scope Appendix are agreed to on behalf of the Client by: City of Bozeman Name: _____________________________ Title: ______________________________ Date: ______________________________ 84 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 Fifth Amendment to the Granicus Service Agreement for Additional Closed Captioning Hours MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Fifth Amendment to the Granicus Service Agreement for Additional Closed Captioning Hours STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:At the time of the original agreement for streaming services, we contracted for 200 hours annually. During last year's contract we captioned over 278 hours of public meetings. The captioning service assesses a premium charge for additional hours above the contracted amount. By contracting with the vendor in advance, we are able to secure the lowest possible hourly rate for captioning services. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Commission FISCAL EFFECTS:The funds for the $13,750 are available in appropriated City Clerk budget. Attachments: MT_Bozeman MT_Q-174168_2022MAY6.pdf Report compiled on: May 25, 2022 85 408 Saint Peter Street, Suite 600 Amendment Saint Paul, MN 55102 Prepared for United States Bozeman, MT Order #: Q-174168 Prepared: 05/06/2022 Page 1 of 4 Fifth Amendment to the Granicus Service Agreement between Granicus, LLC and Bozeman, MT This Fifth Amendment to the Granicus, LLC Service Agreement is effective on the date this document is signed and entered into by and between Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (hereinafter referred to as "Granicus"), and Bozeman, MT (hereinafter referred to as "Client"), with reference to the following: WHEREAS, the Client and Granicus entered into an Agreement effective 02/25/2019 (the "Agreement"); and WHEREAS, in addition to Client's existing solution, Client wishes to add certain products and services as detailed in Q- 174168, which is attached as Exhibit A and incorporated herein by reference; and NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows: 1.Compensation shall be amended to include the fees detailed in Exhibit A. Exhibit A is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of the Client to provide applicable exemption certificate(s). 2.Except as amended by this Fifth Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. 3.In the event of any inconsistency between the provisions of this Fifth Amendment and the documents comprising the Agreement, the provisions of this Fifth Amendment shall prevail. IN WITNESS WHEREOF, the parties have caused this Fifth Amendment to be executed by their duly authorized representatives. Agreement and Acceptance By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Bozeman, MT Granicus Signature:Signature: Name:Name: Title:Title: Date:Date: 86 408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Exhibit A Saint Paul, MN 55102 Prepared for United States Bozeman, MT Order #: Q-174168 Prepared: 05/06/2022 Page 2 of 4 Exhibit A ORDER DETAILS Prepared By:Jack Walsh Phone:+1 2038561063 Email:jack.walsh@granicus.com Order #:Q-174168 Prepared On:05/06/2022 Expires On:02/21/2023 Currency:USD Payment Terms:Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) ORDER TERMS 87 Exhibit A Bozeman, MT Order #: Q-174168 Prepared: 05/06/2022 Page 3 of 4 PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. New Subscription Fees Solution Billing Frequency Quantity/Unit Annual Fee Recurring Captioning Services Annual 100 Hours $13,750.00 SUBTOTAL:$13,750.00 ·Please note, annual fees for new subscriptions will be prorated to align to Client's then-current billing term. Exceptions include Recurring Captioning Services, SMS, and Targeted Messages. ·Additional volume purchased will cover the period of 02/25/2022 - 02/24/2023 The additional volume and annual fees will be added to Bozeman, MT's standard subscription and will be included in the next renewal period. 88 Bozeman, MT Order #: Q-174168 Prepared: 05/06/2022 Page 4 of 4 PRODUCT DESCRIPTIONS Solution Description Recurring Captioning Services Live closed captioning. • All Meetings will incur one hour minimum. • Cancellations within 24 hrs. will be charged 1 hour minimum. • Caption reservations should be reserved two weeks in advance. Jobs with little notice may not be guaranteed coverage, 24 hours as an absolute minimum. • Real Time Captions are provided at an 98% accuracy readability rating • Recurring Caption hours not used in the period of performance will not carry over to the following year. THIRD PARTY DISCLAIMER Closed Captioning and Meeting Services: Client and Granicus may agree that a third party will provide closed captioning, transcription services, or other meeting services under this Agreement. In such case, Client expressly understands that the third party is an independent contractor and not an agent or employee of Granicus. Granicus is not liable for acts performed by such an independent third party. 89 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director - Downtown Bozeman Partnership SUBJECT:Authorize the City Manager to Sign a Task Order DTN22-002 with Sanderson Stewart for Babcock and Mendenhall Safety Improvement MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Task Order DTN22-002 with Sanderson Stewart for Babcock and Mendenhall Safety Improvement STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City of Bozeman is currently engaged in a professional services agreement with Sanderson Stewart for Architectural and Engineering Services under the authority of an Urban Renewal District Term Contract. This task order includes data collection, traffic analysis, conceptual design and reporting for safety improvements for Babcock & Mendenhall. UNRESOLVED ISSUES:None ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:The works as described will be completed with an estimated cost not to exceed $32,200 and is available in the Downtown Urban Renewal District budget. Attachments: URD Task Order Form DTN22-002-060722.pdf Report compiled on: May 25, 2022 90 City of Bozeman Urban Renewal District Term Contract Task Order Number #DTN22-002 PROJECT: Babcock & Mendenhall Safety Improvements 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 June 7, 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 DTN22-002. COMPENSATION: Sanderson Stewart will bill for its services on a fixed fee basis for a total of $ 32,200.00. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanderson Stewart will estimate the percentage of the total work accomplished during the invoicing period. 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 Downtown URD Downtown URD Ellie Staley, Director Emily Cope, Manager 91 Downtown Urban Renewal District Scope of Work – Babcock & Mendenhall Safety Improvements Task Order No. DTN22-002 6/7/22 As a follow-up to the completed Downtown Transportation Study, Sanderson Stewart is pleased to provide this scope of work for Babcock & Mendenhall Safety Improvements. It will include data collection, traffic analysis, conceptual design and reporting. A detailed list of assumptions and scope of services for the project are outlined below. Scope of Work: Phase 1 – Project Management and Coordination This phase of the project will include project initiation and planning tasks, including scoping, contract preparation, and kick-off meetings with the Downtown Bozeman Partnership, City of Bozeman and MDT. Other project management tasks include the following: · Coordination with Client and project team · Coordination with City of Bozeman and MDT · Research and review of previous related studies (including the DBIP and the Bozeman Transportation Master Plan) and MDT’s Comments on the Downtown Bozeman Improvement Plan and the Downtown Transportation Study. · Correspondence, phone calls and meetings throughout the duration of the project · Weekly project update emails · Monthly invoicing of project fees/expenses · Internal (project team) coordination and quality control reviews of analysis and deliverables Phase 2 – Data Collection Sanderson Stewart will begin with traffic volume data collection using Miovision video data collectors. This effort will consist of 24-hour turning movement counts at the following 6 intersections: · Babcock Street & Black Avenue · Babcock Street & Tracy Avenue · Main Street & Black Avenue · Main Street & Tracy Avenue · Mendenhall Street & Black Avenue · Mendenhall Street & Tracy Avenue Existing annual average daily traffic (AADT) volume data from MDT will also be reviewed and summarized for this analysis. Vehicle speeds will also be recorded along Babcock Street and Mendenhall Street corridors. Other tasks include: · Set up, relocation and retrieval of Miovision Scout video data collectors and speed radars at the locations identified above 92 · Data processing through Miovision, including bicycle and pedestrian counts and vehicle classification (processing of 24 hours/intersection) · Factor count data based on historic area traffic counts and current construction closures · Format count data and develop study area maps to illustrate existing traffic control and existing volumes · Data processing of corridor speeds for a 7-day duration · Sign inventory of Babcock and Mendenhall corridors Phase 3 – Evaluation of Intersection Improvements The traffic analysis tasks will begin with an evaluation of intersection capacity conditions. Sanderson Stewart will prepare intersection models for the project intersections. The models will initially be created for existing conditions so that a direct comparison of analysis results can be provided for existing conditions and recommended improvements. The following tasks will be completed in this phase: · Set up intersection models in Synchro to conduct capacity analysis for existing conditions (traffic volumes, traffic control and lane configurations) · Analysis of bike and pedestrian performance measures for existing conditions · Prepare summary tables for review of analysis results · Request crash data from MDT for study area · Review and summarize crash data, calculate metrics and prepare summary figures · Perform traffic signal warrant analysis · Evaluate pedestrian crossing safety improvements · Develop study area maps that show future traffic volume scenarios Phase 4 – Evaluation of Corridor Improvements The recommended improvements from the DBIP and Downtown Transportation Study will be evaluated using the same methodology used for intersection analysis. The recommended improvements will be added to the models and they will be analyzed for existing and future traffic volumes. The following tasks will be included: · Set up corridor models to conduct capacity analysis with recommended improvements and existing traffic volumes · Use corridor models to conduct capacity analysis for recommended improvements and future traffic volumes · Analysis of bike and pedestrian performance measures for recommended improvements with existing and future volumes · Evaluation of corridor vehicle speeds · Review of corridor sign clusters · Prepare summary tables for review of analysis results · High-level evaluation of potential conversion of corridors into two-way traffic in narrative format · High-level evaluation of potentially reversing direction of one-way traffic on project corridors in narrative format Phase 5 – Concept Designs The design concepts developed under the Downtown Transportation Study will be revisited to assess if any revisions to the original improvement recommendations may be necessary based on the results of the analysis effort in Phase 3 and Phase 4. Other improvements may be identified during the analysis phase and will be 93 added to the design concepts as needed. Up to one alternative concept design will be considered for each corridor and intersection to address any areas where the analysis results do not support the improvements recommended in the DBIP. Phase 6 – Engineer’s Opinion of Probable Cost Opinions of probable construction cost will be developed for each of the design recommendations and alternatives developed. They will be broken down by individual project/improvement. Phase 7 – Summary Report The preceding analysis and design concepts will be presented in a summary report. This report will present the following project elements: · Background information and research · Summary of all analysis completed for existing and future traffic volumes and with recommended improvements · Summary of recommended improvements · Recommendations for any amendments to the Bozeman Transportation Master Plan or the DBIP (as required) · Concept design illustrations for recommended improvements · Planning-level opinions of probable construction cost for recommended improvements and alternatives · Summary of public participation process, including comments matrix (appendices) · Next steps and potential funding opportunities A draft report will be submitted for review to the Downtown Partnership, City of Bozeman and MDT. A final report will be prepared after all review comments are received and addressed. Exclusions: The following items are not expected to be needed for this project and are therefore specifically excluded from this scope of work: · Full topographic and boundary survey of the proposed projects · Analysis of additional major improvements not included in this scope, such as conversion of Babcock or Mendenhall to two-way operation. These elements will be addressed in narrative format only. · Regional travel demand modeling (using MDT model) · Design of any roadway or intersection improvements beyond concept-level as described above · Presentation of findings beyond the review meetings If needed, these items will be added as a separate task order or contract amendment. 94 Fees and Billing Arrangements: Phase Fee 1. Project Management and Coordination $5,000 2. Data Collection $5,500 3. Evaluation of Intersections Improvements $4,500 4. Evaluation of Corridor Improvements $4,500 5. Concept Designs $4,400 6. Engineer’s Opinion of Probable Cost $1,500 7. Summary Report $6,800 Total $32,200 Sanderson Stewart will bill for its services on a time and materials basis with a not-to-exceed amount of $32,200. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanderson Stewart will estimate the percentage of the total work (provided on a lump sum basis) accomplished during the invoicing period. Project Schedule: The anticipated schedule for this project consists of the deliverables within 3 months of notice to proceed. Reasonable time shall be allowed for review and coordination with the various agencies and stakeholders. 95 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership SUBJECT:Authorize the City Manager to Sign a Task Order DTN22-003 with Sanderson Stewart for Downtown Parklet Program Assessment MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Task Order DTN22-003 with Sanderson Stewart for Downtown Parklet Program Assessment STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City of Bozeman is currently engaged in a professional services agreement with Sanderson Stewart for Architectural, Engineering and Planning Services under the authority of an Urban Renewal District Term Contract. This task order includes services to create components of a comprehensive program to guide the utilization of parklets as strategic extensions of sidewalks in the downtown urban renewal district. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:At the recommendation of the City Commission. FISCAL EFFECTS:The work described will be completed with an estimated fee of $7,690 which is available in the Downtown Urban Renewal District's budget. Attachments: DTN22-003_Parklet Program_TaskOrder_060722.pdf Report compiled on: May 25, 2022 96 City of Bozeman Urban Renewal District Term Contract Task Order Number #DTN22-003 PROJECT: Downtown Parklet Program Assessment 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 June 7, 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 DTN22-003. COMPENSATION: Sanderson Stewart will bill for its services on a fixed fee basis for a total of $ 7,690.00. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanderson Stewart will estimate the percentage of the total work accomplished during the invoicing period. 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 Downtown URD Danielle Scharf, Principal Ellie Staley, Director 97 Downtown Urban Renewal District Scope of Work – Downtown Parklet Program Assessment Task Order No. DTN22-003 6/7/22 Sanderson Stewart is pleased to provide this scope of work for the Downtown Bozeman Parklet Program Assessment. This scope includes an overview of the basic components of a comprehensive program to guide the utilization of parklets as strategic extensions of the sidewalks in Bozeman’s downtown urban renewal district. Scope of Work: Phase 1 – Project Management & Coordination This phase of the project will include project initiation and planning tasks, including scoping, contract preparation, and kick-off meetings with the Downtown Bozeman Partnership. Other project management tasks include the following: •Coordination with Client and project team •Correspondence, phone calls and meetings throughout the duration of the project •Weekly project status reports •Monthly invoicing of project fees/expenses •Internal coordination and quality control reviews of analysis and deliverables Phase 2 – Research, References, & Definitions Sanderson Stewart will begin by researching best practices relating to parklets and summarizing key components that will be the foundation for a parklet program. This phase will consist of the following tasks: •Review of national and local parklet programs •Summary of most common and successful program components •Identification of parklet typologies •Definition of associated terminology Phase 3 – Ownership & Management Options This phase will identify the various ownership and management options of parklet programs commonly used in peer communities that would be viable options for Downtown Bozeman. The following topics will be presented in this phase: •Compare private versus institutional ownership •Explore management and maintenance options •Identify financial models for program cost recovery •Consider general location parameters 98 Phase 4 – Regulatory Considerations & Constraints This phase will identify and review the existing regulations that would apply to establishing a management program and installing parklets. The following tasks will be included: •Review applicable state regulations impacting parklet programming and uses from the State of Montana Department of Transportation, Department of Revenue, and Department of Justice •Review applicable local regulations impacting parklet programming and uses from City of Bozeman Community Development and Public Works Departments Phase 5 – Recommendations & Next Steps Sanderson Stewart will synthesize all the work from the previous phases and recommend the basic components of a parklet program based on the desired purposes established by the Downtown Urban Renewal District. The following tasks will be included: •Recommendations will be provided regarding parklet typologies, ownership, management, and maintenance. •Next steps will be recommended for program implementation Phase 6 – Deliverables The following deliverables will be provided: •A digital draft report will be submitted for review to the Downtown Bozeman Partnership •Sanderson Stewart will attend one (1) Downtown Bozeman Partnership meeting to present and discuss the draft report •A digital final report will be submitted after all review comments are received and addressed Fees and Billing Arrangements: Phase Fee 1.Project Management and Coordination $1,020 2.Research, References, & Definitions $1,020 3.Ownership & Management Options $2,040 4.Regulatory Considerations & Constraints $1,360 5.Recommendations & Next Steps $ 680 6. Deliverables $1,570 Total Fee $7,690 99 Sanderson Stewart will bill for its services on a fixed fee basis for a total of $ 7,690 as specified in the fee table above. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanderson Stewart will estimate the percentage of the total work accomplished during the invoicing period. Project Schedule: The anticipated schedule for this project will be to deliver the draft report within 60 days of notice to proceed. Coordination with the various agencies and peer communities may delay this schedule. 100 Memorandum REPORT TO:City Commission FROM:Renata Munfrada, Community Housing Program Coordinator David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Department Director SUBJECT:Authorize City Manager to Sign a Task Order EDD22-004 with Sanderson Stewart for the Fowler Avenue Housing Feasibility Study MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Sign a Task Order EDD22-004 with Sanderson Stewart for the Fowler Avenue Housing Feasibility Study STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Sanderson Stewart will provide this scope of work for the Fowler Avenue Housing Feasibility Study. This scope includes professional service to evaluate the City owned property at the southeast corner of Fowler Avenue and Oak Street as a potential housing development site. Sanderson Stewart will lead a team with Groundprint and A&E Design to provide the services detailed in the attached materials. As requested by the City of Bozeman Economic Development Department (EDD), the purpose of the study is to determine preliminary feasibility of housing on the site. Therefore, this scope of work does not constitute formal design, nor does it assume a particular development path or public process beyond this preliminary feasibility work. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:The work described will be completed with an estimated fee of $24,710 which is available in the Economic Development Budget. Attachments: Fowler Housing Feasibility Study EDD22-004.pdf Report compiled on: May 19, 2022 101 City of Bozeman Urban Renewal District Term Contract Task Order Number #EDD22-004 PROJECT: Fowler Avenue Housing Feasibility Study 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 June 7, 2022, between the City of Bozeman Economic Development Department (EDD) and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Renewal Program Manager Contractor: Danielle Scharf, Sanderson Stewart SCOPE OF WORK: The scope for this task order is detailed in the attached City of Bozeman Urban Renewal District Scope of Work – Task Order Number EDD22-004. COMPENSATION: Sanderson Stewart will bill for its services on a fixed fee basis with a project total of $24,710.00. Sanderson Stewart shall submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanderson Stewart will estimate the percentage of the total work (provided on a fixed fee basis) accomplished during the invoicing period. 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 102 Economic Development Department Scope of Work – Fowler Avenue Housing Feasibility Study Task Order No. EDD22-004 6/7/22 Sanderson Stewart is pleased to provide this scope of work for the Fowler Avenue Housing Feasibility Study. This scope includes professional service to evaluate the City owned property at the southeast corner of Fowler Avenue and Oak Street as a potential housing development site. Sanderson Stewart will lead a team with Groundprint and A&E Design to provide the services detailed below. As requested by the City of Bozeman Economic Development Department (EDD), the purpose of the study is to determine preliminary feasibility of housing on this site. Therefore, this scope of work does not constitute formal design, nor does it assume a particular development path or public process beyond this preliminary feasibility work. Scope of Work: Phase 1 – Project Management & Coordination This phase of the project will include project initiation tasks, including scoping, and contract preparation. Other project management tasks include the following: • Coordination with Client and project team • Kickoff meeting with EDD and design team • Correspondence, phone calls and meetings throughout the duration of the project • Weekly project status reports • Monthly invoicing of project fees/expenses Phase 2 – Property Context Analysis This initial data-gathering phase will explore general development opportunities and constraints for the subject site. Sanderson Stewart will provide relevant information from the Fowler Avenue Connection project that is currently underway including topographic survey and watercourse analysis. This phase will consider the following parameters: • Land reserved for the transportation project • Adopted growth policy and future land use designation • Adjacent zoning, land uses, and densities • Water, sewer and stormwater facilities and capacity • Multimodal transportation connectivity • Parks and open spaces, watercourses, and easements 103 Phase 3 – Unified Development Code Review This phase will examine options for initial zoning as prescribed by the Future Land Use Map in consideration of the following elements: • Form and intensity standards • Block frontage requirements • Parking calculations • Transportation elements • Subdivision regulations • Parkland and open space allowances • Impacts of potential upcoming code amendments recommended as part of recent Affordable Housing Assessment work Phase 4 – Feasibility Options This phase will produce three (3) conceptual alternatives that will illustrate the layout of buildings, infrastructure, and the supporting amenities. This task will include the following work: • Plan-view urban design plans • Massing models with basic façade renderings • Photos of similar building types Phase 5 – Recommended Next Steps The team will synthesize all the work from the previous phases and recommend options for advancing the project in the form of a “Roadmap” outlining plausible next steps. Phase 6 – Project Deliverables The following deliverables will be provided: • A digital draft report including the plans, models, and renderings will be submitted to the EDD for review • The design team will attend two (2) work sessions with EDD staff to review iterations of the draft report • A digital final report will be submitted after all review comments are received and addressed Fees and Billing Arrangements: Sanderson Stewart will bill for its services on a fixed fee basis for a total of $24,710.00 as specified in the fee table below. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanderson Stewart will estimate the percentage of the total work accomplished during the invoicing period. As requested, Sanderson Stewart will invoice the EDD for the full contract amount prior to June 30, 2022. 104 Phase Fee 1. Project Management and Coordination $ 3,600 2. Property Context Analysis $ 1,280 3. Unified Development Code Review $ 1,960 4. Concept Design Options $10,870 5. Recommended Next Steps $ 930 6. Project Deliverables $ 6,070 Total Fee $24,710 Project Schedule: The project schedule will be discussed at the Kickoff meeting in Phase 1. 105 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist Brit Fontenot, Economic Development Director SUBJECT:Resolution 5417 Supporting the Application to the Big Sky Economic Development Trust Fund Program, Administered by the Montana Department of Commerce, on Behalf of Autopilot, Inc. MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5417 supporting the application to the Big Sky Economic Development Trust Fund Program, administered by the Montana Department of Commerce, on behalf of Autopilot, Inc. STRATEGIC PLAN:2.1 Business Growth: Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses, in coordination with the Economic Development Plan. BACKGROUND:The Montana Department of Commerce administers the Big Sky Economic Development Trust Fund Category I job creation program. This State-funded program is intended to incentivize the creation of net new higher paying jobs; also a Bozeman City Commission priority. The local governing body is required to apply for the grant on behalf of the business recipient as a co- applicant with the local Certified Regional Development Corporation (CRDC). The Prospera Business Network is local CRDC which includes Gallatin County. Should the grant be awarded, staff recommends that the City Commission appoint The Prospera Business Network, our local CRDC, to administer all aspects of the grant on behalf of the City of Bozeman. Autopilot is a world class manufacturing company headquartered in Bozeman, Montana assisting businesses and corporations complete projects efficiently and effectively since 2006. Autopilot currently serves over 125 clients – consisting of small innovative groups, billion-dollar corporations, universities, as well as aerospace, medical, outdoor, government and consumer products enterprises. Their capabilities, technology, and staff have grown by helping customers capture opportunities and develop products within a refined design and manufacturing model. 106 UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:If the application is successful, Autopilot may be awarded up to $5,000 per net new job with a target of eight (8) net new jobs over the next twenty-four (24) months for a total grant award, if all eight (8) proposed new jobs are filled, of $40,000. It is important to note that the Big Sky Trust Fund support provided by the City of Bozeman, in longstanding partnership with Prospera, is not without financial risk, although the City and Prospera work closely together with the assisted business to minimize the risk. If the number of jobs identified in the contract is not filled by the assisted business, but grant dollars are received by the assisted business, the contract between the assisted business and the City of Bozeman contains the following financial restoration sections: Section 8 Conditions on Method of Reimbursement: If the Assisted Business creates an eligible new job but fails to sustain that job for the requisite duration, then the Contractor shall reimburse the Department all funds received for that job. If the Assisted Business fails to create the required number of jobs, then the Contractor shall reimburse the Department the difference between the total amount advanced and the amount attributable to actual jobs created. If the Assisted Business ceases operation at the Project Site, then the Contractor shall reimburse the Department all funds received under this Contract. AND Section 3 Compensation and Consideration: c. The Assisted Business agrees that if the local government or tribal government request the funds before the jobs are created, and the Department agrees to that request, the local or tribal government and the assisted business receiving BSTF financial assistance are liable for the full amount of the award that is advanced by the Department, if the assisted business: a. Fails to create or maintain the number of net new eligible jobs as specified in the executed contract and assistance agreement, or b. Fails to inject the required amount of match into the project as specified in the executed contract and assistance agreement. Additionally the Department may recapture funds if: a. At the end of the contract period the Department has overpaid based on the number of net new jobs at the end of the contract period. b. The business ceases operations at the Project Site within the contract period. The City of Bozeman is the guarantor of BSTF grants and is ultimately responsible for any defaults. In partnership with the Department of 107 Commerce and Prospera, the City has supported multiple BSTF assisted businesses. Attachments: Attachment 1 CC Resolution 5417 AutoPilot BSTF application.pdf Autopilot Certification Form.pdf Report compiled on: May 18, 2022 108 RESOLUTION 5417 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO THE APPLICATION TO BIG SKY ECONOMIC DEVELOPMENT TRUST FUND PROGRAM ADMINISTERED BY THE STATE OF MONTANA, DEPARTMENT OF COMMERCE, ON BEHALF OF AUTOPILOT, INC [AUTOPILOT]. WHEREAS, the Bozeman City Commission is committed to facilitating economic diversification in the City and the region; and WHEREAS, the Bozeman City Commission is committed to facilitating mid- and high- wage job creation and expansion, thus positively impacting the economy of the entire region; and WHEREAS, Autopilot, desires to expand their business and create additional manufacturing jobs in Bozeman; and WHEREAS, the City Commission has determined that manufacturing has high growth potential, supports mid to high wage jobs and supports economic diversity; and WHEREAS, the Montana Department of Commerce administers the Big Sky Economic Development Trust Fund Category I job creation program, a state-funded program, to create good paying jobs for Montana residents, promote long-term, stable economic growth in Montana, create partnerships, expand existing businesses and provide a better life for future generations through greater economic growth and prosperity; and WHEREAS, the City Commission hereby authorizes and appoints The Prospera Business Network to administer, on behalf of the City of Bozeman, all aspects of the Big Sky Trust Fund Economic Development Category I grant and provide administrative support and other responsibility for the management and appropriate reporting to the Montana Department of Commerce. 109 NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, the City agrees to submit an application, through The Prospera Business Network, to the Montana Department of Commerce, Big Sky Economic Development Trust Fund Program to assist Autopilot in their expansion project and that The Prospera Business Network will manage all aspects of the grant. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of June, 2022. CYNTHIA L. ANDRUS Mayor ATTEST: Mike Maas City Clerk APPROVED AS TO FORM: GREG SULLIVAN City Attorney 110 111 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist Brit Fontenot, Economic Development Director SUBJECT:Resolution 5418 Supporting the Application to the Big Sky Economic Development Trust Fund Program, Administered by the Montana Department of Commerce, on Behalf of Associated Logistics Group MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5418, supporting the application to the Big Sky Economic Development Trust Fund Program, administered by the Montana Department of Commerce, on behalf of Associated Logistics Group. STRATEGIC PLAN:2.1 Business Growth: Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses, in coordination with the Economic Development Plan. BACKGROUND:The Montana Department of Commerce administers the Big Sky Economic Development Trust Fund Category I job creation program. This State-funded program is intended to incentivize the creation of net new higher paying jobs; also a Bozeman City Commission priority. The local governing body is required to apply for the grant on behalf of the business recipient as a co- applicant with the local Certified Regional Development Corporation (CRDC). The Prospera Business Network is local CRDC which includes Gallatin County. Should the grant be awarded, staff recommends that the City Commission appoint The Prospera Business Network, our local CRDC, to administer all aspects of the grant on behalf of the City of Bozeman. Associated Logistics Group’s (AGL) mission is to provide exceptional value to their customer’s shipping and logistics needs. They do this through ongoing investment in employees, continuously improving technology and software stack, and overall passion for what they do. ALG prides itself on employing an outstanding staff. All employees are hired and trained to be knowledgeable, efficient, and friendly while remaining open to learning and further development. They provide regular ongoing training to employees focusing on new technologies, changing market conditions, and adaptability in a fast moving industry. This philosophy and investment in people gives them a constant leg up on all competitors. UNRESOLVED ISSUES:None. 112 ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:If the application is successful, Associated Logistics may be awarded up to $5,000 per net new job with a target of thirteen (13) net new jobs over the next twenty-four (24) months for a total grant award, if all thirteen (13) proposed new jobs are filled, of $65,000. It is important to note that the Big Sky Trust Fund support provided by the City of Bozeman, in longstanding partnership with Prospera, is not without financial risk, although the City and Prospera work closely together with the assisted business to minimize the risk. If the number of jobs identified in the contract is not filled by the assisted business, but grant dollars are received by the assisted business, the contract between the assisted business and the City of Bozeman contains the following financial restoration sections: Section 8 Conditions on Method of Reimbursement: If the Assisted Business creates an eligible new job but fails to sustain that job for the requisite duration, then the Contractor shall reimburse the Department all funds received for that job. If the Assisted Business fails to create the required number of jobs, then the Contractor shall reimburse the Department the difference between the total amount advanced and the amount attributable to actual jobs created. If the Assisted Business ceases operation at the Project Site, then the Contractor shall reimburse the Department all funds received under this Contract. AND Section 3 Compensation and Consideration: c. The Assisted Business agrees that if the local government or tribal government request the funds before the jobs are created, and the Department agrees to that request, the local or tribal government and the assisted business receiving BSTF financial assistance are liable for the full amount of the award that is advanced by the Department, if the assisted business: a. Fails to create or maintain the number of net new eligible jobs as specified in the executed contract and assistance agreement, or b. Fails to inject the required amount of match into the project as specified in the executed contract and assistance agreement. Additionally the Department may recapture funds if: a. At the end of the contract period the Department has overpaid based on the number of net new jobs at the end of the contract period. b. The business ceases operations at the Project Site within the contract period. The City of Bozeman is the guarantor of BSTF grants and is ultimately responsible for any defaults. In partnership with the Department of Commerce and Prospera, the City has supported multiple BSTF assisted 113 businesses. Attachments: Attachment 1 CC Resolution 5418 Associted Logistics BSTF application.pdf Associated Logistics Certification Form.pdf Report compiled on: May 18, 2022 114 RESOLUTION 5418 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO THE APPLICATION TO BIG SKY ECONOMIC DEVELOPMENT TRUST FUND PROGRAM ADMINISTERED BY THE STATE OF MONTANA, DEPARTMENT OF COMMERCE, ON BEHALF OF ASSOCAITED LOGISTICS GROUP [ASSOCAITED LOGISTICS]. WHEREAS, the Bozeman City Commission is committed to facilitating economic diversification in the City and the region; and WHEREAS, the Bozeman City Commission is committed to facilitating mid- and high- wage job creation and expansion, thus positively impacting the economy of the entire region; and WHEREAS, Associated Logistics, desires to expand their business and create additional jobs in their industry in Bozeman; and WHEREAS, the Montana Department of Commerce administers the Big Sky Economic Development Trust Fund Category I job creation program, a state-funded program, to create good paying jobs for Montana residents, promote long-term, stable economic growth in Montana, create partnerships, expand existing businesses and provide a better life for future generations through greater economic growth and prosperity; and WHEREAS, the City Commission hereby authorizes and appoints The Prospera Business Network to administer, on behalf of the City of Bozeman, all aspects of the Big Sky Trust Fund Economic Development Category I grant and provide administrative support and other responsibility for the management and appropriate reporting to the Montana Department of Commerce. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, the City agrees to submit an application, through The Prospera Business Network, to the Montana Department of Commerce, Big Sky Economic Development Trust Fund 115 Program to assist Associated Logistics in their expansion project and that The Prospera Business Network will manage all aspects of the grant. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of June, 2022. CYNTHIA L. ANDRUS Mayor ATTEST: Mike Maas City Clerk APPROVED AS TO FORM: GREG SULLIVAN City Attorney 116 117 Memorandum REPORT TO:City Commission FROM:Matthew Lee, Parks Planner SUBJECT:Resolution 5419 Adopting the Update to the Fair Market Value of Land for Cash-in-Lieu of Parkland Calculations MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5419 updating the fair market value of land per square foot for calculating cash-in-lieu of parkland dedication amounts. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: Section 38.420.030 of the Bozeman Municipal Code, (“Cash Donation in lieu of Land Dedication”) includes the following provisions: C. Cash donation in-lieu of land dedication must be equal to the fair market value of the amount of land that would have been dedicated. The fair market value is the value of the unsubdivided, unimproved land after it has been annexed and given a municipal zoning designation. The city commission may adopt procedures to be used by the director of parks and recreation to determine the fair market value. The amount of the cash-in-lieu to be provided must equal the city's established fair market value per square foot times the amount of land required to be dedicated. The city must periodically update the market value as deemed necessary to reflect changes in the price of land. The valuation used for calculating the amount due will be the valuation in effect at the time an application for final plat or final plan approval is complete. 1. Alternative. A developer may provide an alternate market valuation which complies with the following: a. The developer must provide an appraisal of the fair market value by a certified real estate appraiser of their choosing and is responsible for the appraisal fee. b. When a land value must be established for cash-in-lieu of land dedication to satisfy the requirements of section 38.420.020, and the value of the land in an unsubdivided, unimproved, but annexed and zoned condition cannot be reasonable determined, the developer may provide an appraisal of residentially zoned property with a zoning designation that allows the density of dwellings proposed for development. 118 c. The appraisal provided for the purpose of section 38.420.030 must be conducted not sooner than 90 days prior to the submittal of an application for final plat or final site plan approval. The process for determining valuation includes the following steps: 1. Obtain proposal from appraiser to provide initial appraisal report on fair market value for residentially zoned, undeveloped land. 2. Set initial value for cash in lieu of parkland dedication per square foot based on appraiser’s report. 3. Update appraisal a minimum of once per year, or as market conditions change significantly. A report has been prepared by Bridger Appraisals, a local appraiser who has been providing appraisals for cash in lieu of parkland dedication valuation for development proposals for the past several years (Attachment A). The report estimates the appraisal value of $100,000 per acre ($2.30 per square foot) for all residential zoning districts, based on the availability of appropriate comparisons that meet the requirements of state law and the Bozeman Municipal Code. UNRESOLVED ISSUES:NA ALTERNATIVES: Per Commission. FISCAL EFFECTS: The Parks Division pays for appraisal updates a minimum of once per year. Attachments: Cash in Lieu of Parkland Report.pdf Resolution 5419 Determination of CILP Valuation.docx Report compiled on: May 9, 2022 119 AN APPRAISAL REPORT OF: Standard Property Valuation for the City of Bozeman's Cash in Lieu of Parkland Dedication Process FILE NO.: C041822189 PREPARED FOR: Mr. Mitchell Overton City of Bozeman - Department of Parks and Recreation 600 Bridger Dr Bozeman, MT 59715 PREPARED ON: May 9, 2022 EFFECTIVE DATE OF VALUATION: May 1, 2022 PREPARED BY: Keith O'Reilly, MAI, MT-400 Bridger Appraisals, Inc. P.O. Box 11145 Bozeman, MT 59719 120 2 May 9, 2022 City of Bozeman - Department of Parks and Recreation 600 Bridger Dr Bozeman, MT 59715 Re: Standard Property Valuation for the City of Bozeman's Cash in Lieu of Parkland Dedication Process Dear Mr. Mitchell Overton, Per your request, I have gathered information and completed the following report to establish a standard property valuation on a per square foot basis for Residential Single-Household Low Density (R1), Residential Two-Household Medium Density (R2), Residential Medium Density (R3), Residential High Density (R4), and Residential Office (RO) districts within the City of Bozeman. This report is to be used for the City of Bozeman’s Cash in Lieu of Parkland dedication process. This appraisal is not of one subject property but is rather a compilation of sales of large tracts of land within the City as well as Gallatin County purchased for development purposes. Per city code and state law: Cash donation in-lieu of land dedication shall be equal to the fair market value of the amount of land that would have been dedicated. For the purpose of these regulations, the fair market value is the value of the unsubdivided, unimproved land after it has been annexed and given an urban zoning designation. The city intends to obtain the highest value for cash-in-lieu of park land that is allowable under state law. 121 3 ASSUMPTIONS AND LIMITING CONDITIONS This appraisal report, the letter of transmittal, and certification are subject to the following assumptions and limiting conditions; and also, any special qualifying conditions that may be contained elsewhere in the report are incorporated by reference. Assumptions 1. That the legal descriptions, as furnished, are correct; and that the titles to the properties are good and marketable. All existing liens and encumbrances, if any, have been disregarded. The properties are appraised as though free and clear of other burdens, under responsible ownership and competent management. 2. That the land dimensions taken from available maps, plats, and/or surveys are correct. It has been assumed that those boundaries that are apparent are correct. 3. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. 4. That no adverse water table or soil conditions exist, and no representation regarding such conditions is made in this report unless specifically stated; and, that the value estimated is predicated on the absence of any such conditions occurring. 5. Those opinions, estimates, data and statistics supplied by others in the course of this study, are correct; the assumption has been made that the sources are reliable, but no responsibility has been inferred for their accuracy. 6. This report does not contemplate any court action, nor does it obligate the appraiser to give any testimony or make any appearance in court, before commission, arbitrator or any other individual, body, or agency. If court action or appearance later becomes necessary in the interest of the client, the terms of the additional service shall be negotiated at that time. 122 4 7. Unless otherwise stated in this report, the appraiser has no knowledge of the existence of hazardous material, which may or may not be present on the properties. I am not qualified to detect such substances. The presence of potentially hazardous materials may affect the value of the property. This extends to any leaks from underground fuel storage tanks, and identification of Asbestos containing materials. The value estimate is predicated on the assumption that there is no such material on or in the property. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. Any such environmental risk discovered at a later date may require a revised estimate of value that may or may not be simply a reduction of the value by the estimated cost to cure the environmental condition. Properties known to have environmental risk may also carry a stigma in the market place that may or may not affect the value. If future soil tests should reveal the existence of any such soil conditions or hazardous waste, I reserve the right to review and adjust this appraisal accordingly. Limiting Conditions: 1. The appraiser is not responsible for any matter legal in character, nor is any opinion rendered as to title, which is assumed to be marketable. 2. The value reflected in the analysis applies only to the program of utilization considered in this report. The use of the value in conjunction with any other appraisal or under other influences invalidates the conclusions developed. 3. This analysis and estimate of value is made for the exclusive use and benefit of the clients to whom it is addressed; and, possession of this report or a copy, does not carry with it the right of publication, nor may it be used for any purpose other than that intended without the previous consent of the appraisers. In any event, only the entire report may be used and no part shall be taken or used out of context. 4. Included as an integral part of this report are maps and photographs of the comparable properties and sales. The maps and photographs were prepared and taken by the appraisers, and although they do not purport to represent survey accuracy, they are substantially correct and adequately serve as visual reference to the properties. 123 5 5. Disclosure of the contents of this report is governed by the By-Laws and Regulations of the Appraisal Institute. Neither all nor any part of the contents of this report (especially any conclusions of value, the identity of the appraisers or the firm with which they are connected) shall be disseminated to the public through advertising media, public relations, news media, sales media, or any other public means of communication without the prior written consent and approval of the authors. 6. The forecasts, projections, or operating estimates contained herein are based on current market conditions, anticipated short-term supply and demand factors, and a continued stable economy. These forecasts are, therefore, subject to changes with future conditions. 124 6 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Client: Mitchell Overton, City of Bozeman - Department of Parks and Recreation Intended User: City of Bozeman - Department of Parks and Recreation Date of Valuation: May 1, 2022 Date of Preparation: May 9, 2022 Rights Appraised: Fee Simple Highest and Best Use: The highest and best use is not applicable to this appraisal report as the valuation is not of a subject property, but rather a compilation of sales to establish a standard property valuation. 125 7 SCOPE OF THE APPRAISAL The scope of work consists of the amount and type of information researched and analyzed in an assignment. In preparing the appraisal, I have considered pertinent characteristics of the comparable sales in comparison to current market standards. I have gathered information and completed the following report to establish a standard property valuation on a per square foot basis for Residential Single-Household Low Density (R1), Residential Two-Household Medium Density (R2), Residential Medium Density (R3), Residential High Density (R4), and Residential Office (RO) districts within the City of Bozeman. General and specific data was obtained through personal and telephone interviews with government officials, property managers, developers, and other market participants. I have not considered the highest and best use as it is not applicable to the standard property valuation on a per square foot basis of R1, R2, R3, R4, and RO districts within the City of Bozeman. I have applied the sales comparison approach valuation method to determine a standard property valuation method on a per square foot basis. This is the only applicable approach to valuing vacant land. The results indicated by this method have been reviewed and reconciled based on the reliability, relevance and reasonableness of the data, and the purpose and intended user of the appraisal. This is an Appraisal Report as defined by Uniform Standards of Professional Appraisal Practice under Standards Rule 2-2. This format provides a summary of the appraisal process, subject and market data and valuation analyses. The information contained in this report is specific to the needs of the client and for the intended use as stated in this report. 126 8 PURPOSE AND INTENDED USE AND USER OF THE APPRAISAL The purpose of this appraisal is to estimate a credible opinion of the Current Market Value on a per square foot basis of the Fee Simple Interest for Residential Single-Household Low Density (R1), Residential Two-Household Medium Density (R2), Residential Medium Density (R3), Residential High Density (R4), and Residential Office (RO) districts within the City of Bozeman, in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) and supplemented by the Appraisal Institute. The intended use of the appraisal is to assist the Client and Intended User, City of Bozeman - Department of Parks and Recreation, in establishing a standard property valuation for vacant land on a square foot basis to be used for the City of Bozeman’s Cash in Lieu of Parkland dedication process. There are no other intended users. DEFINITION OF MARKET VALUE Market value is defined as the most probable price, which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is consummation of a sale as of a specified date and passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and each acting in what they consider their own best interest; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 1 1[Source: Section 323.2 amended at 57 Fed. Reg. 9049, March 16, 1992; 59 Fed. Reg. 29501, June 7, 1994] 127 9 PROPERTY RIGHTS APPRAISED Property rights are ownership interests in real estate and have value. It is important to know what property right(s) or estate(s) are involved in the appraisal, because the estate identifies the rights being valued. The subject property rights being appraised is the Fee Simple Interest. Fee Simple: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power and escheat.2 Leased Fee: A freehold (ownership interest) where the possessory interest has been granted to another party by creation of a contractual landlord-tenant relationship (i.e. a lease). 3 VALUATION DATE The effective date of the appraisal is May 1, 2022. This is the date of valuation. The comparable sales reflected in this report are the most current identifiable sales as of the effective date. 2 The Dictionary of Real Estate Appraisal, 5th ed. (Chicago; Appraisal Institute, 2010), p. 78. 3 The Dictionary of Real Estate Appraisal, 5th ed. (Chicago; Appraisal Institute, 2010), p. 111. 128 10 MONTANA REGIONAL AND CITY MAPS Subject Area 129 11 REGIONAL, CITY, AND NEIGHBORHOOD ANALYSIS Bozeman, Montana is located in Gallatin County, in an area more commonly referred to as the Gallatin Valley. This report is for the Client and Intended User, the City of Bozeman – Department of Parks and Recreation. Information regarding the City of Bozeman has not been included as this information is provided from the City of Bozeman and the client and intended user has access to this information. 130 12 THE APPRAISAL PROCESS Typically, real estate can be valued by applying three approaches. All of these approaches to value, (particularly when the purpose of the appraisal is to establish market value) are market data approaches since the data inputs are presumably market derived. Cost Approach: One of the approaches to value commonly applied in Market Value estimates and many other valuation situations. A comparative approach to the value of property or another asset that considers, as a substitute for the purchase of a given property, the possibility of constructing another property that is an equivalent to the original or one that could furnish equal utility with no undue cost resulting from delay. The Valuer's estimate is based on the reproduction or replacement cost of the subject property or asset, less total (accrued) depreciation. The cost approach establishes the value of a real property by estimating the cost of acquiring land and building a new property with equal utility or adapting an old property to the same use with no undue cost due to delay. An estimate of entrepreneurial incentive or developer's profit/loss is commonly added to land and construction costs. For older properties, the cost approach develops an estimate of depreciation including items of physical deterioration and functional obsolescence.4 Sales Comparison Approach: A comparative approach to value that considers the sales of similar or substitute properties and related market data and establishes a value estimate by processes involving comparison. In general, a property being valued (a subject property) is compared with sales of similar properties that have been transacted in the open market. Listings and offerings may also be considered. A general way of estimating a value indication for personal property or an ownership interest in personal property, using one or more methods that compare the subject to similar properties or to ownership interests in similar properties. This approach to the valuation of personal property is dependent upon the Valuer's market knowledge and experience as well as recorded data on comparable items. 5 Income Approach: A comparative approach to value that considers income and expense data relating to the property being valued and estimates value through a capitalization process. Capitalization relates income (usually net income) and a defined value type by converting an income amount into a value estimate. This process may consider direct relationships (whereby an overall capitalization rate or all risks yield is applied to a single year's income), yield or discount rates (reflecting measures or return on investment) applied to a series of incomes over a projected period, or both. The income approach reflects the principles of substitution and anticipation. 6 5 The Dictionary of Real Estate Appraisal, 5th ed. (Chicago; Appraisal Institute, 2010), p. 250. 5 The Dictionary of Real Estate Appraisal, 5th ed. (Chicago; Appraisal Institute, 2010), p. 244. 7 The Dictionary of Real Estate Appraisal, 5th ed. (Chicago; Appraisal Institute, 2010), p. 256 131 13 Comparable Sales The following sales have been used to estimate a value on a per square footage basis. The compiled data represents the most recent known sales of speculative development land within the City of Bozeman and Gallatin County. 132 14 ID 1895 Verification Source Broker Cory Vellinga Address SE Corner Gooch Hill Rd Price $4,000,000 City Bozeman Price per Acre $97,454 State MT Financing Cash to Seller Tax ID RGG10212 Property Rights Fee Simple County Gallatin Days on Market 0 Grantor Alan D. Fulton Recording Date 7/2/2021 Grantee Ryan Roller Recording Number 2739945 Legal Description Acres 41.0 Topography Level Land SF 1,787,920 Zoning Agricultural Suburban Road Frontage --Flood Zone None Dimensions Rectangular Encumbrance or Easement None Utilities NorthWestern Energy Environmental Issues None Access Durston Rd and Gooch Price Per Land SF 2.23 Tracts 1 and 2 of COS No. 158 located in the NW1/4 of Section 9 Township 2 South, Range 5 East, P.M.M. Gallatin County, MT There are two approximatle 20 acre parcels totaling 41.045 acres that sold for $4,000,000 cash. The property was not actively listed for sale. The property is at the SE corner of the intersection of Gooch Hill Rd and Durston Rd. The property is not annexed into the City of Bozeman, but is adjacent to the City Limits. This is a prime piece of speculative residential land. The land to the east is already developed residentially. Transaction Site Comments Land Comparable 1 133 15 ID 1821 Verification Source Buyer Address TBD West Graf Street Price $7,743,260 City Bozeman Price per Acre $95,000 State MT Financing Cash to Seller Tax ID RGG8316 & RGG8318 Property Rights Fee Simple County Gallatin Days on Market None Grantor Diane L. Brawner Recording Date 9/24/2021 Grantee Bozeman Haus Two LLC Recording Number 2751910 Legal Description Acres 81.5 Topography Level Land SF 3,550,488 Zoning AS, Agricultural Road Frontage W. Graf St. & S. 27th Ave.Flood Zone None Dimensions Rectangular Encumbrance or Easement None Utilities NorthWestern Energy Environmental Issues None Access W. Graf St. & S. 27th Ave.Price Per Land SF 2.18 Tract 1 of Certificate of Survey No. 2074 and Tract A of Certificate of Survey No. 1861, tracts of land being the NW 1/4 SW 1/4 and the NE 1/4 SW 1/4, Section 23, Township 2 South, Range 5 East, Gallatin County, Montana. This is a closed sale of two adjacent 40+/- acre parcels of vacant land in the southern part of Bozeman from a single seller to a single buyer. The eastern parcel is bordered to the north, west, and south by the Bozeman city limits and it is expected that the buyer will pursue annexation and connection to the City of Bozeman water and sewer system. The buyer reportedly plans to develop the sites with multifamily residential improvements. This is considered to be a very attractive speculative development site given its location in the southern part of Bozeman and its adjacency to the Bozeman city limits. This property was not openly marketed and the transaction was privately negotiated between the buyer and the seller. Comments Site Transaction Land Comparable 2 134 16 ID 1792 Verification Source Buyer Address NWC S. 19th Ave & Stucky Rd. Price $10,250,000 City Bozeman Price per Acre $105,249 State MT Financing Cash to Seller Tax ID RGG40140 Property Rights Fee Simple County Gallatin Days on Market None Grantor Steve Aaker Recording Date 12/14/2021 Grantee West University District LLC Recording Number 2761479 Legal Description Acres 97.4 Topography Level Land SF 4,242,221 Zoning AS, Agricultural Road Frontage Stucky Rd., S. 19th Ave., W. Kagy Blvd. Flood Zone None Dimensions Irregular Encumbrance or Easement None Utilities NorthWestern Energy Environmental Issues None Access Stucky Rd., S. 19th Ave., W. Kagy Blvd. Price Per Land SF 2.42 Lot 2 of Minor Subdivsion Number 191, located in the SE 1/4 of Section 14, T2S, R5E, P.M.M. Gallatin County, MT. Comments Transaction Land Comparable 3 This is a prime speculative development site located at the intersections of Stucky Road and South 19th Avenue and West Kagy Boulevard and South 19th Avenue. The site is adjacent to the Bozeman city limits making it a likely candidate for annexation into the City of Bozeman and connection to the City of Bozeman water and sewer system. The properties to the north, east, and south of the site have already been annexed into the City of Bozeman. The site will likely be developed into a mixed-use project incorporating commecial development that takes advantage of South 19th Avenue with residential development to the west. This is a closed sale that was not openly marketed. Site 135 17 ID 1794 Verification Source Buyer Address TBD Davis Lane Price $8,100,000 City Bozeman Price per Acre $70,009 State MT Financing Cash to Seller Tax ID --Property Rights Fee Simple County Gallatin Days on Market -- Grantor The Peter Family Trust Recording Date 6/4/2021 Grantee Virga Venture II LLC Recording Number 2736653 Legal Description Acres 115.7 Topography Level Land SF --Zoning Ag Road Frontage --Flood Zone None Dimensions Irregular Encumbrance or Easement None Utilities NorthWestern Energy Environmental Issues None Access Davis Lane/Frontage Rd Price Per Land SF 1.61 Lengthy Retained in File Site Transaction Land Comparable 4 Comments This is the sale of a speculative development site located in the northwest quadrant of Bozeman. The sale price is $70,009 per acre for non-annexed land adjacent to City services. The purchaser plans on developing the site with high density residential improvements. The purchaser is a very seasoned developer in the Bozeman market. 136 18 ID 1400 Verification Source Buy-Sell Agreement Address TBD South 19th Avenue Price $10,000,000 City Bozeman Price per Acre $83,600 State MT Financing Conventional Tax ID RGG9600 Property Rights Fee Simple County Gallatin Days on Market None Grantor Bozeman Ranch Land, LLC Recording Date 10/30/2019 Grantee Blackwood Land Fund. Recording Number 2662993 Legal Description Acres 119.6 Topography Level Land SF 5,210,522 Zoning See Comments Road Frontage South 19th Avenue Flood Zone None Dimensions Rectangular Encumbrance or Easement None Utilities NorthWestern Energy Environmental Issues None Access South 19th Avenue Price Per Land SF 1.92 The South 1/2 of the Southwest 1/4 of Section 24 and the North 1/2 of the North 1/2 of the Northwest 1/4 of Section 25 in Township 2 South, Range 5 East, Gallatin County, Montana. Transaction This is the sale of a large tract of speculative development land that is located along the eastern side of South 19th Avenue in the southern part of Bozeman. The property is not yet annexed into the City of Bozeman but is bordered on three sides by properties that are annexed. The City of Bozeman is very likely to grant annexation for the property shortly following the sale. The property is currently zoned by the Gallatin County Planning Department as AS, Agricultural Suburban District but the buyer is attempting to achieve an REMU, Residential Emphasis Mixed-Use zoning designation for a majority of the site from the City of Bozeman when it is annexed. Lower density zoning designations will be utilized for areas bordering existing communities. The buyer intends to develop the property into a multi-phase, large-scale mixed-use residential and commercial development. The property is already bisected by a water main for the City of Bozeman water system but the City's preferred sewer main connection is approximately 1,300 feet north of the property at the intersection of South 19th Avenue and Graf Street. However, it is expected that early phases of the development can be connected to smaller sewer lines stubbed at the adjacent Alder Creek Subdivision. There are estimated to be approximately $1,181,000 in off- site improvement costs for the widening of South 19th Avenue and the development of a traffic control light at 19th Avenue and Blackwood Road. The property is located in a Qualified Opportunity Zone which provides for additional potential tax benefits. The property was not openly marketed and the transaction was privately negotiated between the buyer and the seller. Comments Site Land Comparable 5 137 19 ID 1259 Verification Source Purchaser Address 5250 Baxter Lane Price $8,080,000 City Bozeman Price per Acre $50,374 State MT Financing Cash to Seller Tax ID RGG6855 Property Rights Fee Simple County Gallatin Days on Market None Grantor Fern Vesta Anderson Recording Date 6/7/2019 Grantee NWX, LLC Recording Number 2646897 Legal Description Acres 160.4 Topography Level Land SF 6,985,282 Zoning A-S, Agricultural Road Frontage Baxter Lane & Cottonwood Road Flood Zone None Dimensions Rectangular Encumbrance or Easement None Utilities NorthWestern Energy Environmental Issues None Access Baxter Lane & Cottonwood Road Price Per Land SF 1.16 Tract 5 of COS 2552, NE 1/4 of Section 4, Township 2 South, Range 5 East, Gallatin County, Montana. This property sold on 06/07/2019 for $8,080,000 or $50,374per acre for 160.360 acres. The property went under contract in the early fall of 2018. The property is in the county, but adjacent to the City of Bozeman. The property is bordered to the east by the new Bozeman Sport Complex and to the south by Laurel Glen, a residential subdivsion. This property is also in very close proximity to the new Bozeman High School. The purchaser has applied for annexation into the City of Bozeman and will pursue a high-density REMU and B-2M zoning designation for the site following annexation. According to the buyer's proforma, off-site improvement costs are estimated to be approximately $4,300,000 or $26,815 per acre. Therefore, the effective acquisition cost for the property inclusive of estimated off-site improvement costs is $12,380,000 or $77,375per acre. This property was not openly marketed and the transaction was privately negotiated between the buyer and the seller. Site Land Comparable 6 Transaction Comments 138 20 Sale 4 Sale 1 Sale 2 Sale 3 Sale 5 Sale 6 139 21 Address City State Date Price Acres Acre Unit Price Property Rights Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0% Financing Cash to Seller 0.0%Cash to Seller 0.0%Cash to Seller 0.0%Cash to Seller 0.0%Conventional 0.0%Cash to Seller 0.0% Conditions of Sale Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0% Expend. After Sale Market Trends Through 5/1/2022 10.0% Location % Adjustment $ Adjustment Acres % Adjustment $ Adjustment Topography % Adjustment $ Adjustment Shape % Adjustment $ Adjustment Utilities % Adjustment $ Adjustment Zoning % Adjustment $ Adjustment Net Adjustments Gross Adjustments $106,135 9.0% $100,591 3.7%5.9% 5.9%3.7% 9.0%8.2% $105,478 $66,437$76,329Adjusted Acre Unit Price $109,111 8.2%31.9% 31.9% Adjusted Acre Unit Price $105,478 Good $95,000Adjusted Acre Unit Price $97,454 8.2% Good 0% $106,135 0%0% 9.0%3.7% MT $105,249 Bozeman MT $105,249 97.39 Transaction Adjustments 41.05 Bozeman $4,000,000 Bozeman NWC S. 19th Ave & Stucky Rd. TBD Davis Lane $0 $0 0% A-S, Agricultural Suburban NorthWestern Energy 0% $0 NorthWestern Energy 0% 0% See Comments $0$0 $0 0% AS, Agricultural Suburban $0 Ag $0 0%0% AS, Agricultural Suburban Agricultural Suburban $0 0% $0 41.05 0% Rectangular Land Analysis Grid Comp 1 $97,454 MT SE Corner Gooch Hill Rd and Durston Rd TBD West Graf Street Bozeman 81.51 Comp 2 $95,000 Comp 4 Comp 5 Comp 6Comp 3 $0 0% $0 Rectangular 0% 0% 0% $0 Irregular 0% 12/14/2021 $0 Level $0 0% $109,111 0% $10,250,000 MT $0 Good 0% Level $0 $0 NorthWestern Energy 0% NorthWestern Energy 0% 5.9% $100,591 $0 6/4/2021 $0 $50,387 $8,080,000 31.9% 0% $0 0% $0 Rectangular 0% 160.36 0% $50,387 160.36 6/7/201910/30/2019 $10,000,000 TBD South 19th Avenue BozemanBozeman 5250 Baxter Lane $83,600 $0 MTMT 27.0% Level $0 $0 Irregular Rectangular $0 NorthWestern Energy $83,600$70,009 0% $0 0% 27.0% 27.0% Good 0% 119.62 Level $0 NorthWestern Energy $0 Level 97.39 $0 Level $0 0% $0 0% 81.51 $0 0% $0 0% $70,009 115.70 $0 $8,100,000 $0 9/24/20215/1/2022 7/2/2021 $7,743,260 $0 0% $76,329 Good 0% 0% $0$0 115.70 Good $0 $0 $66,437 119.62 $0 140 22 The provided sales give a good indication of the per square foot valuation for vacant land in the City of Bozeman. This valuation is for Residential Single-Household Low Density (R1), Residential Two-Household Medium Density (R2), Residential Medium Density (R3), Residential High Density (R4), and Residential Office (RO) districts. Sales 1, 2, 3, and 4 are all current, with Sales 5 and 6 being a bit older. However, all fit the criteria and definition for the Cash in Lieu program. Sale 1 is located adjacent to the city limits. This property was not annexed and has not applied for annexation yet, but likely will be annexed before being developed. Sales 2, 3, and 4 were not annexed at the time of sale, but all have since applied for and are in the process of annexation. Sale 5 was annexed in after purchase and Sale 6 had approval to be annexed into the City at the time of sale. Sales 5 and 6 are currently being developed with a mix of commercial and residential development. Sale 2 is expected to be primarily residential, and Sales 3 and 4 will likely be a mix of commercial and residential. Sale 6 is the largest available sale at 160 acres, with Sales 2, 3, 4, and 5 between 80 acres and 120 acres. Sale 1 is the smallest at approximately 41 acres. Typically, the larger the site, the lower the value per acre, and the smaller the site, the higher the value per acre; however, the adjusted values from Sales 1, 2, 3, and 5 are all very consistent between $100,000 per acre and $110,000 per acre. Sales 1, 2, and 3 are very recent sales. There really have been no larger sales of development sites located within the city limits in recent years, but four recent sales of development sites located adjacent or near the edge of the city limits were included. Three of these are in the annexation process. From approximately July 2020 to present, the inventory of single family homesites in the Bozeman market decreased significantly. The last subdivision with available lots in the city limits to be sold off was the Flanders Mill subdivision. Flanders Mill sold out in late 2020. The Bozeman market has seen unprecedented values and demand in the past 2 years. The average sale price of a single family homesite in the city limits over the past year was approximately $290,000. The average single family homesite price in Spring of 2020 was $135,000. Based upon the preceding sales and analysis of homesite appreciation, I would estimate the per square foot value for vacant land in the Residential Single-Household Low Density (R1), Residential Two-Household Medium Density (R2), Residential Medium Density (R3), Residential High Density (R4), and Residential Office (RO) districts within the City of Bozeman to be $2.30psf or $100,000 per acre as of May 1, 2022. If I can be of further assistance, please do not hesitate to contact me. Sincerely, Keith O’Reilly, MAI General Certified Appraiser State of Montana #400 141 23 CERTIFICATION As a result of a request for an appraisal assignment of the property, identified as: Standard Property Valuation for the City of Bozeman's Cash in Lieu of Parkland Dedication Process I certify: To the best of my knowledge and belief the statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice and the requirements of the Code of Professional Ethics and Standard of the Professional Appraisal Practice of the Appraisal Institute. The use of this report is subject to the requirements of the Appraisal Institute relating to its duly authorized representatives. As of the date of this report, I, Keith O’Reilly, MAI, have completed the continuing education program of the Appraisal Institute. Heidi Switzer provided significant real property appraisal assistance to the person signing this certification, including market research and input as to the final reconciled value. Respectfully Submitted, Keith O’Reilly, MAI General Certified Appraiser #400 State of Montana 142 Bridger Appraisals Inc. © Keith O’Reilly, MAI ADDENDUM 143 Bridger Appraisals Inc. © Keith O’Reilly, MAI 144 Bridger Appraisals Inc. © Keith O’Reilly, MAI 145 Version April 2020 RESOLUTION NO. 5419 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHEREAS,Section 38.420.030 of the Bozeman Municipal Code, (“Cash Donation in lieu of Land Dedication”) states that the city commission may adopt procedures to be used by the director of parks and recreation to determine the fair market value for cash in lieu of parkland dedication donations; and WHEREAS,Section 38.420.030 of the Bozeman Municipal Code states that the city must periodically update the market value as deemed necessary to reflect changes in the price of land; and WHEREAS, an updated appraisal report has been obtained from a qualified, licensed appraiser to determine the fair market value of unsubdivided, unimproved land after it has been annexed and given a municipal zoning designation in accordance with Montana Code Annotated Section 76-3-621; and WHEREAS,the appraisal report indicates the fair market value of residential property for the purposes of cash donation in lieu of park land dedication is now $100,000 per acre (Exhibit A); NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: that the fair market value of residential property for the purposes of cash donation in lieu of park land dedication is $2.30 per square foot, subject to changes in market conditions that warrant an updated appraisal. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of June, 2022. ___________________________________ CYNTHIA L. ANDRUS 146 Version April 2020 Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 147 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Ordinance 2096 Final Adoption of the Riverside Annexation Zone Map Amendment Establishing Initial Zoning of R-1, Residential Low Density, R-2, Residential Moderate Density, and R-4 Residential High Density, On 57.5 Acres Located North of the E. Gallatin River and on Either Side of Spring Hill Road, Application 21426 MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Final adoption of Ordinance 2096 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 approved the annexation and provisional adoption of Ordinance 2096 on April 5, 2022. All required steps to finalize the annexation have occurred. This action completes the zoning adoption process. The property affected includes approximately 130 parcels and 57.5 acres. The property is fully developed and is mostly homes but also includes the main buildings for the Riverside Country Club. The applicants requested three different zoning districts to match the existing character and uses of the property. UNRESOLVED ISSUES:None ALTERNATIVES:As identified by the Commission FISCAL EFFECTS:None. Attachments: Ordinance 2096 Riverside ZMA 21426.pdf Ordinance 2096 Zoning Exhibit Map.pdf Report compiled on: May 26, 2022 148 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 149 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 150 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 151 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; 152 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 7 153 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: 154 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 155 156 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Community Development Director SUBJECT:Ordinance 2112 Provisional Adoption of Amended Zoning on 7.33 Acres from B-2, Community Business District to B-2M Community Business District - Mixed Located Northwest of West Main and Babcock Streets, Application 21438 MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisional Adoption of Ordinance 2112. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City Commission preliminarily adopted this application on April 5, 2022. Application materials and staff report are available with the initial packet as item M.4 in the City Commission packet. The video recording of the City Commission is also available. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No budgeted funds are used by this action. Attachments: 21438 Carroll on Main ZMA Ordinance 2112.pdf 21438 Carroll on Main ZMA Map Exhibit.pdf Report compiled on: May 26, 2022 157 Ord 2090 Page 1 of 5 ORDINANCE NO. 2112 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE TWO PARCELS FROM B-2, COMMUNITY BUSINESS, TO B-2M, COMMUNITY BUSINESS MIXED, ON 7.33 ACRES, THE CARROLL ON MAIN ZONE MAP AMENDMENT, APPLICATION 21438. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2, Part 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to rezone two existing parcels from B-2 to B-2M on 7.33 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on June 28, 2021 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 21438, the Carroll on Main Zone Map Amendment, be approved as requested by the applicant; and 158 Ordinance No. 2090, 1919 Bridger Drive ZMA Page 2 of 5 WHEREAS, after proper notice, the City Commission held its public hearing on April 5, 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 would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested B-2M district. 159 Ordinance No. 2090, 1919 Bridger Drive ZMA Page 3 of 5 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the Carroll on Main Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby amended from B-2, Community Business, to B-2M, Community Business Mixed District: The property is described as: Tracts of land 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 and more particularly described as: Beginning at a point whose Northing is 1024210.097 and whose Easting is 831983.608; thence bearing N 1-32-34.481 E a distance of 269.75 feet; thence bearing S 87-08-02 E a distance of 52.99 feet; thence along a curve to the RIGHT, having a radius of 1431.78 feet, a delta angle of 18° 23' 38", and whose long chord bears S 77-52-21 E a distance of 457.68 feet; thence bearing S 68-48-34 E a distance of 139.91 feet; thence along a curve to the LEFT, having a radius of 422.15 feet, a delta angle of 18° 59' 31", and whose long chord bears S 11-57-11 W a distance of 139.29 feet; thence bearing N 88-11-24 W a distance of 119.21 feet; thence bearing S 1-28-27 W a distance of 225.64 feet; thence along a curve to the LEFT, having a radius of 1537.50 feet, a delta angle of 15° 21' 40", and whose long chord bears S 55-50-14 W a distance of 410.97 feet; thence bearing N 88-52-50 E a distance of 157.34 feet; thence bearing N 1-29-57 E a distance of 471.90 feet to the point of beginning. Area = 7.33 acres more or less, along with and subject to all easements of record. 160 Ordinance No. 2090, 1919 Bridger Drive ZMA Page 4 of 5 Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. 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. 161 Ordinance No. 2090, 1919 Bridger Drive ZMA Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 7th day of June, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2022. The effective date of this ordinance is __________, ___, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 162 ES ES ES ES ES ES ES ES ES CURRENT ZONING: B-2 PROPOSED ZONING: B-2M SIZE: ~ 4.22 AC (183,823.2 SQ FT) & ENGINEERS PLANNERS SURVEYORS DESIGNER DRAWN CHECKED PROJ. NO. DATE SURVEYED DESCRIPTIONDATEREVISION SHEET OF 10/26/21 15:52 MIKE.RUSSELL F:\7263 CARROLL ON MAIN\ENGINEERING\DOCS\ZMA\ZMA MAP\ZMA MAP COM.DWG;11 --- ALTA 10/25/2021 - MR KD - ZMA MAP EXHIBIT ~ 2121 WEST MAIN CARROLL ON MAIN N SCALE IN FEET 0 50 100 (PLOT SIZE = 11" x 17") CURRENT ZONING: B-2 PROPOSED ZONING: B-2M SIZE: ~ 3.11 AC (135,471.6 SQ FT) CURRENT ZONING: R-0 PROPOSED ZONING: R-0 SIZE: ~ 2.54 AC (110,642.4 SQ FT) SURROUNDING PROPERTY ZONING: R-3 SURROUNDING PROPERTY ZONING: PLI GENERAL NOTES: -AN EXISTING STREAM THAT ALSO SERVES AS A STORM DRAIN FACILITY RUNS NORTHWARD NEAR THE NORTHEAST BORDER OF THE PROPERTIES PROPOSED TO BE REZONED. -THERE IS NO CURRENT COUNTY ZONING WITHIN OR NEAR THE PROPERTY PROPOSED TO BE RE-ZONED. -SOURCE OF INFORMATION: BOZEMAN GIS, GALLATIN COUNTY GIS, NATIONAL HERITAGE MAP VIEWER, SURVEY DATA -REFERENCED SURVEY DATA IS PROVIDED FROM AN ALTA SURVEY PERFORMED BY ALPINE SURVEYING & ENGINEERING ON 02/05/2020 -SEWER (GREEN) AND WATER LINES (BLUE) HAVE BEEN HIGHLIGHTED FOR EASE OF LOCATING BOUNDARY OF PROPOSED RE-ZONING (TYP.) SURROUNDING PROPERTY ZONING: R-3 SURROUNDING PROPERTY ZONING: B-2 PROPOSED REZONE LOCATION CURRENT ZONING MAP 163 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Ordinance 2116 Final Adoption of Amended Zoning on 14.63 Acres from B-2, Community Business District to B-2M Community Business District - Mixed Located Northwest of Patrick Street and North 11th Avenue, Application 21458 MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Final Adoption of Ordinance 2116 STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City Commission preliminarily adopted this application on April 5, 2022. The site has no buildings on it. Application materials and staff report are available with the initial packet as item M.2 in the City Commission packet. The video recording of the City Commission is also available. Provisional adoption of Ordinance 2116 occurred on May 24, 2022. UNRESOLVED ISSUES:None ALTERNATIVES:As identified by the City Commission. FISCAL EFFECTS:No budgeted funds are used by this action. Attachments: Ordinance 2116 Lumberyard ZMA.pdf Lumberyard ZMA Exhibit Map.pdf Report compiled on: May 12, 2022 164 Ord 2116 Page 1 of 6 ORDINANCE 2116 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO AMEND 14.63 ACRES FROM B-2, COMMUNITY BUSINESS DISTRICT, TO B-2M COMMUNITY BUSINESS DISTRICT – MIXED, THE LUMBERYARD ZONE MAP AMENDMENT, APPLICATION 21458 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, the Bozeman Community Development Board in their capacity as the Zoning Commission recommended to the Bozeman City Commission that application No. 21458, the Lumberyard Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on April 5, 2022, to receive and review all written and oral testimony on the request for the zone map amendment; and 165 Ordinance No. 2116, The Lumberyard Zone Map Amendment Page 2 of 6 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-2M 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 166 Ordinance No. 2116, The Lumberyard Zone Map Amendment Page 3 of 6 the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of Application No. 21458 the Lumberyard Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby amended from B-2, Community Business District to B-2M Community Business District - Mixed: The property is described as: A tract of land described as Lots 1 and 2, Block 3, of the PT Land Phase 2 Subdivision (Plat J-498) and Lot 3A of the Amended Plat of Lot 3, Block 3, and Lot 6A of the PT Land Phase 2 Subdivision (Plat J-498A) and also portions of adjoining Street Rights of Ways and Easements, all of which are located within portions of the North West One Quarter of Section 1, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana., and more particularly described as follows: Beginning at a point (P.O.B) that is the Centerline/Centerline Intersection of North 15th Avenue and Patrick Street; • thence, N 02° 22' 29" E, along the centerline of said North 15th, a distance of 39.35 feet to the beginning of a non-tangential curve to the right; • thence continuing along said centerline, 164.21 feet along a curve to the right, with a radius of 299.97 feet, a delta angle of 31° 21' 52", and a chord bearing of N 18° 01' 15" E, with a chord distance of 162.17 feet to a point; • thence, N 33° 42' 09" E, along said centerline, a distance of 190.38 feet to the beginning of a curve to the left; • thence, continuing along said centerline, 87.03 feet along a curve to the left, with a radius of 300.00 feet, a delta angle of 16° 37' 16", and a chord bearing of N 25° 23' 31" E, with a chord distance of 86.72 feet to a point; • thence, N 17° 04' 53" E, along said centerline, a distance of 56.60 feet to a point being the intersection of South 15th Avenue and Tschache Lane; • thence, S 87° 51' 17" E, along said centerline of Tschache Lane, a distance of 1185.97 feet to a point being the intersection of Tschache Lane and North 11th Avenue; 167 Ordinance No. 2116, The Lumberyard Zone Map Amendment Page 4 of 6 • thence, S 01° 41' 44" W, along said centerline of South 11th Avenue, a distance of 490.18 feet to a point being the intersection of North 11th Avenue and Patrick Street; • thence, N 87° 55' 39" W, along said centerline of Patrick Street, a distance of 1382.78 feet to the P.O.B. Said area being 637,299 square feet or 14.63 acres more or less, along with and subject to all easements of record. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. 168 Ordinance No. 2116, The Lumberyard Zone Map Amendment Page 5 of 6 This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 24th day of May, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2022. The effective date of this ordinance is __________, __, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk 169 Ordinance No. 2116, The Lumberyard Zone Map Amendment Page 6 of 6 APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 170 171 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Community Development Director SUBJECT:Continue Davis Lane Property Annexation and Zone Map Amendment, Application 21443 to June 28, 2022 MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Continue Davis Lane Property Annexation and Zone Map Amendment, Application 21443 to June 28, 2022 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 applicant and property owners seek to annex one parcel totaling approximately 8.56 acres into the City limits and establish initial zoning of B- 2M, Community Business District--Mixed. The property is currently zoned “Agriculture Suburban” (AS) within the Gallatin County Bozeman Area Zoning District and surrounded to the north, east, and south by the same AS county zoning. Nearby municipal zoning to the east is B-2 (Community Business District). The Community Development Board continued their meeting on this application from May 16, 2022 to June 6 which in turn, necessitated the City Commission meeting to be continued as well. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None Report compiled on: May 16, 2022 172 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Ordinance 2111 Departures for Housing Creation, Consider and Recommend to City Commission a New Section 38.320.070 to Authorize Additional Administrative Flexibility In Administration of Specified Residential Standards through departures and Create Definitions for Infill and Missing Middle Housing to incentivize housing creation, Application 22133 MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:City Commission recommended motion: Having reviewed and considered the staff report, draft ordinance, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22133 and move to provisionally adopt Ordinance 2111. 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:Project Summary The amendments create two new definitions and authorize additional administrative flexibility in applying adopted development standards for home construction to incentivize creation of more housing. Infill has been a long standing priority of the City but no formal definition of the term has been created. Missing middle housing is a more recent term in community discussion of housing but likewise not formally defined. As applied to the new departures, the term missing middle housing is focused solely on the nature of the structure containing the homes and has no connection to the cost of the housing. See the attached draft Ordinance 2111 for the proposed text. See the attached staff report for further background and purpose. UNRESOLVED ISSUES:The Community Development Board recommended two amendments to the ordinance. See the Executive Summary in the attached staff report for a description of recommendations and impacts of the recommendations. ALTERNATIVES:As shown on the staff report. 173 FISCAL EFFECTS:None. Attachments: 22133 CDB Staff Report - Departures.pdf Ordinance 2111 Departures - CDB Recommendation.pdf 22133 Departures amendments - e-news.pdf Report compiled on: May 25, 2022 174 Page 1 of 13 22133 Staff Report for the Housing Departures Text Amendment, Ordinance 2111 Public Hearings: Community Development – May 16, 2022. City Commission – June 7, 2022. Project Description: Create a new tool for additional flexibility in applying the City’s development standards for housing. See Appendix A for the detailed description. Project Location: Revision to the text is applicable City-wide to all development that includes housing. Recommendation: Meets applicable criteria. Community Development Board Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22133 and move to recommend approval of Ordinance 2111. City Commission Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22133, and move to provisionally adopt Ordinance 2111. Report: May 11, 2022 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the proposed ordinance text and public comment received to date. Unresolved Issues None. Project Summary The amendments create two new definitions and a new section to authorize additional administrative flexibility. The amendments apply to adopted development standards for home construction. Infill is a long standing priority of the City but no formal definition of the term has been created. Missing middle housing is a more recent term in community 175 Staff Report for the Housing Departures Text Amendment 22133 Page 2 of 13 discussion of housing but likewise not formally defined. As applied to the new departures, the term missing middle housing is focused solely on the nature of the structure containing the homes and has no connection to the cost of the housing. See the attached draft Ordinance 2111 for the proposed text. These amendments are applicable across the entire city where construction including housing is allowed. Use of these departures is voluntary. The applicant can choose whether or not to use them. If another part of the code is more helpful to them then they don’t need to use departures. This work is partial implementation of a review of municipal standards for housing construction. The City Commission gave direction at their March 1, 2022 to start this amendment process. Separate ordinances addressing other housing and review processes will be reviewed during the course of the summer. A larger update of the UDC is starting this spring. The proposed amendments provide increased flexibility for the designer. The trade-off is additional complexity in code administration and less predictability for the general public. See Appendix A for additional information. Strategic Plan Implementation 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. 4.2 High Quality Urban Approach - Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. 4.5 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. 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. Economic Vitality Board The Economic Vitality Board (EVB) has the duties of the former Community Affordable Housing Advisory Board. The EVB reviewed draft Ordinance 2111on May 5, 2022. They unanimously recommend approval to the City Commission. They had a question on the paragraph D requirement for departures submission along with initial application. 176 Staff Report for the Housing Departures Text Amendment 22133 Page 3 of 13 Staff response to the question. The City must disclose to the public what is being reviewed and possibly approved with an application. This enables the public exercise of constitutional rights to comment and participate in decision making. There isn’t a separate application for departures. Instead, a narrative explaining what departure is requested and how it meets criteria is part of the overall project package. The City could remove the requirement on initial submittal. However, the effect of a late submittal is to change the project and therefore reset public notices and other process requirements. So, putting in the submittal requirement up front actually speeds up the total review process. In the event a need for a departure is identified part way through a project the applicant can amend the application. That slows application review as noted above but departures are not locked out if the applicant overlook’s something initially. Alternatives 1. Deny the ordinance based on findings of non-compliance with the applicable criteria contained within the staff report; 2. Adopt the ordinance with directed amendments; or 3. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. 177 Staff Report for the Housing Departures Text Amendment 22133 Page 4 of 13 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Strategic Plan Implementation ............................................................................................ 2 Alternatives ......................................................................................................................... 3 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4 SECTION 2 - ZONE AMENDMENT STAFF ANALYSIS AND FINDINGS....................... 4 Spot Zoning Criteria ........................................................................................................... 9 PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 9 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 10 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 13 APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 13 FISCAL EFFECTS ................................................................................................................. 13 ATTACHMENTS ................................................................................................................... 13 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a text amendment, the Staff recommends approval as proposed. The Community Development Board in their capacity as the Zoning Commission will hold a public hearing on these amendments on May 16, 2022, at 6 pm. The City Commission will hold a public hearing on the text amendment on June 7, 2022 at 6:00 p.m. SECTION 2 - ZONE 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. 178 Staff Report for the Housing Departures Text Amendment 22133 Page 5 of 13 A zone text 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 text 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 text amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone text 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. The existing development review processes and standards were previously found to satisfy all of the following criteria during earlier reviews. The focus of this report is only on the amendments proposed. Where a finding of Neutral is presented it represents that the criteria is either not applicable to the proposed amendments or that the change does not materially advance or detract from compliance. Therefore, a finding of Neutral is not necessarily an indication of a deficiency in the proposed amendments or the existing standards. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion is met. A growth policy provides a high level vision of how a community hopes to develop over time. As a key tool to implement the growth policy, zoning must be in accordance with the growth policy per 76-2-304(1)(a), MCA. Bozeman adopted a new growth policy in November 2020. A review of the growth policy shows multiple goals and objectives relating to housing. The proposed amendments implement the growth policy. Examples of relevant goals and objectives are: N-1.1. Promote housing diversity, including missing middle housing. N-1.11. Enable a gradual and predictable increase in density in developed areas over time. Goal N-4: Continue to encourage Bozeman’s sense of place. DCD-1.2. Remove regulatory barriers to infill. DCD-1.5. Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. DCD-4.4. Differentiate between development and redevelopment. Allow relaxations of code provisions for developed parcels to allow redevelopment to the full potential of their zoning district. 179 Staff Report for the Housing Departures Text Amendment 22133 Page 6 of 13 The proposed ordinance creates key definitions, such as infill, so it can be determined when standards can be subject to flexibility vs applied as the default values. The additional flexibility allows context specific analysis of individual sites. Analysis shows how a proposed departure may be more or less applicable to a given location. Previously undeveloped areas have fewer complications that make it harder to meet established standards. Long developed areas may have existing features that make it hard to meet a full standard, but can overall meet the purpose of a standard. The additional flexibility supports redevelopment with accompanying required increase in housing stock. The limits on the degree of flexibility allowed respects the existing context of an area and therefore Bozeman’s sense of place. The facilitation of additional housing construction will support an increase in density in a gradual manner and support redevelopment of areas not meeting their full potential at this time. The municipal code authorizes housing meeting the definition of missing middle housing in most residential and some mixed use zoning districts. Missing middle is, among other purposes, a method to support increased density in existing areas while addressing the constraints of smaller existing sites. No element of the proposed ordinance affects the future land use map. Therefore, no analysis of correspondence to the future land use map is provided. B. Secure safety from fire and other dangers. Criterion is met. Building code standards for fire resistance, exiting, and other protection remain in place and will continue to protect the public. The requirements to avoid floodplains and similar physical hazards remain in place. These departures will only apply in areas that can meet the generally applicable standards for development. Therefore, access by emergency services, suitable water and sewer services, and other safety features remain. C. Promote public health, public safety, and general welfare. Criterion is met. The existing standards addressing this criterion remain in place. See also responses to Criteria B and D. The criteria for approval of a departure requires creation of additional homes therefore there will be a public benefit (additional housing) in exchange for the flexibility allowed by the departure. The additional criteria limit the scope of standard reduction to ensure that public interests and concerns are addressed. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion is met. 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 180 Staff Report for the Housing Departures Text Amendment 22133 Page 7 of 13 capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction. Considering the code as a whole, the standards requiring provision of the infrastructure listed in this criterion are not being changed with these amendments. E. Reasonable provision of adequate light and air. Criterion met. Adequate light and air are provided by a mix of site development standards including park dedication, on-site open space, and setbacks; as well as building code requirements for air for combustion and ventilation. Each standard addresses a different functional element. The proposed amendments allow for some additional flexibility but still requires that each functional element be addressed. The core standards will still apply for the majority of new construction. The departures are seeking a balance between community priorities and offering more latitude in defined areas to support creation of additional numbers and wider range of homes types. F. The effect on motorized and non-motorized transportation systems. Neutral. The City conducts extensive planning for municipal transportation, trails, and parks related to this criterion 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 proposed amendments do not alter these plans or associated standards. Parking is a component of a functional transportation system. The proposed amendments include a modest adjustment for residential parking for a partial reduction for a small number of homes. The City will consider more extensive potential changes to parking under other amendments. Therefore, the impacts on transportation should be minimal from these amendments. G. Promotion of compatible urban growth. Criterion is met. 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.” 181 Staff Report for the Housing Departures Text Amendment 22133 Page 8 of 13 The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. The amendments do not alter the uses allowed in zoning districts. Setbacks and height are allowed to be reduced or exceeded by a small percentage which varies by district. Other standards addressing compatibility are not being modified through these amendments. Compliance with City standards is generally considered adequate to avoid negative impacts of development. Therefore, staff concludes the criterion is met. H. Character of the district. Criterion is 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 text and not the zoning map. The analysis focuses on the nature and character of the districts separate from an individual property or site. No uses are changed by the amendments. The departures only apply to residential uses. Residences are allowed in some form in most zoning districts so the departures are applicable throughout most of the city. The definition of infill inherently restricts its use to about half of the city. This area will expand every year as the definition includes a time component. The types of housing meeting the missing middle definition excludes traditional single homes or apartments. These elements will limit the scope to which the departures may be applied. However, in combination the alternative criteria 3-5 for approval allows application through one or another criterion broadly in the community. The scope of departures is deliberately narrow. 38.250.060 states “The purpose is to provide applicants with the option of proposing alternative design treatments provided such departures meet the purpose of the particular standard and any additional departure criteria set forth for the particular departure opportunity.” The scope of specific departures shown in the amendments is deliberately modest. For example, in the R-3 district the maximum building height is 36 or 46 feet depending on roof pitch. The departure allows up to a 5 foot height increase. This means the departure authorizes up to a 13.8% to 10.8% increase in height. Such a difference is reasonably modest and does not materially change the character of the district. I. Peculiar suitability for particular uses. Neutral. The proposed amendments are not changing the zoning map or the uses allowed within zoning districts. Therefore, no detailed analysis regarding this criterion can be performed. The existing zoning districts were previously found to be suitable for the locations shown on the zoning map. 182 Staff Report for the Housing Departures Text Amendment 22133 Page 9 of 13 J. Conserving the value of buildings. Criterion is met. The proposed amendments are not changing the zoning map or the uses allowed within zoning districts. No standard is being created which will reduce allowed building areas or otherwise restrict the development capacity of a specific property. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion is met. The zoning map and future land use map of the growth policy identify areas where specific uses are generally appropriate. However, both occur at a coarse level of detail and do not authorize construction. Site development review through the site plan, special use permit, or sketch plan review does address details and authorize construction once a building permit is issued. The proposed departures support increased housing construction in infill locations. This is an outcome supported by the growth policy, see Criterion A. Therefore, the criterion is met. Spot Zoning Criteria Amendments to the zoning map may, in certain factual circumstances, constitute impermissible “spot zoning.” The proposed amendments do not alter the zoning map in any way. The amendments allow greater flexibility and development capacity equally to all applicable districts. Therefore, no analysis of spot zoning criteria is provided. 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 183 Staff Report for the Housing Departures Text Amendment 22133 Page 10 of 13 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 - DETAILED PROJECT DESCRIPTION AND BACKGROUND Chapter 1 of the Bozeman Community Plan 2020 includes a section titled “To Grow Or Not To Grow, If So How?” This section considers the question of whether or not the City should continue policies encouraging development within City limits. Several different related issues are discussed and the conclusion is that construction within the City is a better outcome. Affordable housing is a long standing community concern. It was first addressed in the 1972 Master Plan for the community and then all subsequent community land use plans. Several reports, studies, and plans including the Community Housing Action Plan and the One Valley Community Foundation, Gallatin County Regional Housing Study, document the needs for housing and the challenges in providing housing at costs affordable to residents. The City has several ongoing efforts to support creation of housing overall including: o supporting and completing infrastructure construction, o primarily of-right development review except where required by state law, o use of tax increment financing in support of housing, o general fund support for affordable housing projects, and o many others. The City consistently reviews and updates it regulations to keep them relevant and effective. Over the past 20 years, the City has increased allowed development intensity by the following and other actions: • reduced standards such as land area per home by as much as 60%; • reduced setbacks from property lines by as much as 58%, • removed requirements for minimum home sizes, • increased maximum allowed heights • authorized accessory dwellings for all residential zoning and reduced standards related to accessory dwelling several times, • simplified landscaping standards and encouraged lower water use plantings, • approved dozens of zone map amendments to allow more intensive uses, and 184 Staff Report for the Housing Departures Text Amendment 22133 Page 11 of 13 • simplified review processes. Despite this work the cost of housing has continued to escalate, especially compared to wages. The recent pandemic amplified existing trends and housing prices have greatly increased. An article by Tim Ford in the May 1, 2022, Bozeman Magazine shows median single home sale prices in the Bozeman area from first quarter 2020 to first quarter 2022 increasing by $389,000. This is an increase of 76% in two years. The gap between cost of construction and wages is not limited to Bozeman city limits. The One Valley Foundation prepared a housing study in 2021 looking at the entire county and affordable housing issues. Across all housing types and locations they found consistent gaps in available wages and cost of construction. The following image is from that report. The City cannot change any regulation that offsets such large increases in home prices and capital gaps between wages and cost of construction. The City can, and is, examining what it does control to identify such incremental improvements as may help. To do so, the City retained Clarion and sub consultants to review the City’s land use regulations. Clarion 185 Staff Report for the Housing Departures Text Amendment 22133 Page 12 of 13 provided a report with recommendations of possible changes. The City Commission considered that report on March 1st and directed staff to begin drafting amendments to regulations. The first of these amendments is the Housing Departures for Housing Creation text amendment, Ordinance 2111. Amendments to replace planned unit development and affordable housing requirements and process will be reviewed this summer. A larger and more comprehensive code review is beginning and is expected to conclude by the end of 2023. The City has prioritized infill and redevelopment for many years. The proposed amendment continues code revisions in support of infill. The nature of previously developed areas is complex and highly variable as uses and structure change over time and under a range of regulatory standards. The new departures support infill by providing a bit of additional flexibility in applying standards, found to be necessary for public health, safety, and welfare, to existing sites. When developing a standard it is necessary to determine when it has been met. Generally, people prefer clear numeric standards and they are simpler to understand and apply. However, it is rare that a specific number is always exactly the right answer under every circumstance. The departure process allows an applicant to show compliance with the essential intent and most of the numeric standard under defined situations. This keeps a basic level of predictability while allowing some site specific responsiveness with associated ability to construct additional housing. 186 Staff Report for the Housing Departures Text Amendment 22133 Page 13 of 13 Housing in some form is allowed in all Bozeman’s zoning districts. Therefore, the scope of the amendment can apply to any parcel in the community. To take advantage of the new departure a development must construct housing. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was published in the Bozeman Daily Chronicle on 5/1/2022, 5/8/2022, and 5/22/2022 and contained all required elements. Notice was provided at least 15 days before the Zoning Commission public hearing, and not more than 45 days prior to the City Commission public hearing. The City exceeded the required notice provision. Hearing dates are on the first page of this report. One written public comment has been received so far on this item. Comments are available through the Laserfiche archive. If additional comments are received they will be placed in the same project folder in Laserfiche. APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771 Representative: Department of Community Development, City of Bozeman, PO Box 1230, Bozeman MT 59771 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 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. Ordinance 2111 Public information sheet 187 Ord 2111 Page 1 of 7 ORDINANCE 2111 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO CREATE 38.320.070, DEPARTURES FOR HOUSING CREATION, ESTABLISHING A NEW METHOD OF DEPARTURES TO AUTHORIZE ADDITIONAL FLEXABILITY IN THE ADMINISTRATION OF SPECIFIED RESIDENTIAL STANDARDS, AMENDING 38.700.100, I DEFINTIONS, AMENDING 38.700.120, M DEFINTIONS, AND PROVIDING AN EFFECTIVE DATE, APPLICATION 22133. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and WHEREAS, after proper notice, the Community Development Board in their capacity as Bozeman Zoning Commission held a public hearing on May 16, 2022 to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the Community Development Board acting in their capacity as the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 22133, be approved as proposed; and WHEREAS, after proper notice, the City Commission held its public hearing on June 7, 2022, to receive and review all written and oral testimony on the proposed amendment to the subdivision regulations; and WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated § 76-2-304, and found that the proposed amendments are 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: 188 Ordinance No. 2111, Departures for Housing Creation Page 2 of 7 1. The City has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2- 304, 76-3-102, and 76-3-501. 2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by Resolution 5133 to establish policies for development of the community which policies include support for infill and redevelopment, increased density of homes, and housing diversity. 3. Zoning and subdivision regulations must be in accordance with the adopted growth policy; and the growth policy encourages development of standards to encourage infill development and incremental increases in residential density in existing developed areas. 4. The City accepted as a basis for housing implementation actions an amended Community Housing Action Plan by Resolution 5143. 5. The City undertook a public process to review and consider possible revisions to the City zoning regulations with the intent to remove potential barriers and to encourage creation of additional housing and especially housing which accomplishes community aspirations identified in the growth policy and the Community Housing Action Plan. 6. The City Commission conducted a work session on March 1, 2022 to receive public comment, consider alternative options, and provide direction to staff during which work session they directed preparation of amendments in the form of those included with this ordinance. 7. A staff report analyzing the required criteria for an amendment to the City’s regulations for zoning review, including the amendment’s accordance with the BCP 2020, and has found that the required criteria of Montana Code Annotated § 76-1-304 are satisfied. 8. The necessary public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the applicable materials and provide comment. 9. The City Commission considered the application materials, staff analysis and report, recommendation of the Community Development Board acting in their capacity as the municipal Zoning Commission, all submitted public comment, and all other relevant information. 10. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of the decision, the required criteria for approval of this ordinance are satisfied. 189 Ordinance No. 2111, Departures for Housing Creation Page 3 of 7 11. The City Commission determines that the ordinance provides a proper balance of interests, rights, and responsibilities of all parties affected by the ordinance. Section 2 That Section 38.320.070, Departures for Housing Creation, of the Bozeman Municipal Code be created to read as follows: 38.320.070, Departures for Housing Creation A. Intent. The intent of this provision is to allow minor departures from existing residential development standards when the review authority determines that the departure will reduce the cost of production of and an increase production of housing while maintaining consistency with the City’s adopted growth policy and purposes of this chapter. These departures are especially applicable to infill sites as defined in 38.700.100 and missing middle housing as defined in 38.700.120. B. Applicability. The review authority may approve departures from residential development standards as identified in Table 38.320.070 if the review authority determines that the criteria in Subsection C below have been met. Approval of a departure authorizes development with a different standard than is otherwise required by this chapter. Table 38.320.070 Ordinance Standard Amount of Departure Permitted from Standard All Types of Residential Dwellings Maximum or minimum building setbacks 10% Reduction from minimum setback requirements of Division 38.320, (which may be limited by other standards or may have impacts on construction costs); Does not apply to watercourse or floodplain setbacks. Maximum building height 5 feet above the maximum applicable limit in Division 38.320 Maximum lot coverage 10% above the maximum applicable limit in Division 38.320 Parking requirements for single or multi- household dwellings with 2 or more bedrooms 2 parking spaces per dwelling, without regard to number of bedrooms in each dwelling for, not less than one and up to 5 dwellings or 20% of dwellings, in a development whichever is more. Parking requirements for multi-household dwellings with one or fewer bedrooms 1 parking space per dwelling for any efficiency or one-bedroom unit for, not less than one and up to 5 dwellings or 20% of dwellings, in a development whichever is more. Townhouse or Rowhouse Dwellings Useable open space (38.360.220) Reduction of up to 20% in required dimension, or area, or both of per-unit useable open space. 190 Ordinance No. 2111, Departures for Housing Creation Page 4 of 7 Multi-household Residential (5+ units) Useable open space (38.520.060) 20% reduction for any new development within one-quarter mile pedestrian travel distance of an existing park. Accessory Dwelling Units (ADU) Lot size ADUs may be permitted on any lot in a district where ADUs are an allowed use that meets the lot size requirement for the principal structure and all other standards in the zone district in which the lot is located (except for lots under 3,000 sq. ft. in area or lots containing attached townhomes), without the requirement for 1,000 square feet of additional lot area. Number permitted Up to 1 internal and 1 detached ADU per lot ADU size Minimum size is allowed to be above 600 feet up to a maximum size of 60% of gross floor area of primary dwelling unit; or If the ADU is above a garage: Equal to footprint of main floor of garage; or If the ADU is in an attic or basement: Equal to footprint of main floor of the primary dwelling. C. Criteria. To approve departures , the review authority must determine that criteria 1 and 2; and at least one of criteria 3-5 are met: 1. The departure will result in at least one more home than would otherwise be possible; and 2. The purpose of the standard can still be accomplished if the departure is granted; and 3. The departure will not impose negative impacts on surrounding property; or 4. The departure is applicable to missing middle housing; or 5. The departure is applicable to an infill site. D. Procedure. The request for a departure must be submitted with the initial application for any development. Review times and processes are coordinated with the development application. These departures are not applicable to subdivision reviews. E. Appeals. A decision by the review authority to approve or deny a departure may not be appealed independently, but the decision regarding an application as a whole that includes a departure may be appealed pursuant to Division 38.250. Section 3 That Section 38.700.100, I Definitions, of the Bozeman Municipal Code be amended to include a new definition with the remainder of the section to remain as written: 191 Ordinance No. 2111, Departures for Housing Creation Page 5 of 7 Infill. The development or redevelopment of vacant, abandoned, or underutilized properties within or wholly surrounded by the City, and where water, sewer, streets, and fire protection have already been developed and are provided. Infill is development proposed or located within land that has been subdivided for at least 35 years. Section 4 That Section 38.700.120, M Definitions, of the Bozeman Municipal Code be amended to include a new definition with the remainder of the section to remain as written: Missing middle housing. A residential building containing two, three, or four dwellings in any configuration, as well as townhomes and cottage housing. Section 5 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance 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. 192 Ordinance No. 2111, Departures for Housing Creation Page 6 of 7 This Ordinance shall be codified as appropriate in Section 2 – 4. 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 ________________, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2022. The effective date of this ordinance is __________, __, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk 193 Ordinance No. 2111, Departures for Housing Creation Page 7 of 7 APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 194 Revisions to the Unified Development Code create more flexibility in housing standards. What? The City of Bozeman continuously evaluates its regulations, seeking more effective ways to address community issues and needs. Last year, Bozeman hired a consultant to look over its land development regulations and identify possible barriers to creating more homes in the community. The review included multiple public meetings and other opportunities to learn from the community. You can check out the full report from the project in the Documents section on the Code Audit web page to see details. The report contains suggested alternatives. The City Commission is considering which suggestions to pursue. The City proposes to change some regulations as a result of that evaluation. Other changes will follow. There are three things the proposed amendments will do: 1. Create a new section 38.320.070, “Departures for Housing Creation” in the Unified Development Code 2. Create a new definition for “Infill” to be included in section 38.700.100, I definitions. 3. Create a new definition for “Missing middle housing” to be included in section 38.700.120, M definitions. Why? Departures allow the city staff to approve development that meets a less restrictive standard than usually applies to building homes. Examples of departures include allowing a smaller lot size, fewer parking spaces, and flexibility in open space requirements. The additional flexibility is limited to specific purposes and only applies to the standards established in the new Departures section of the Unified Development Code. The intent of this amendment is to make it easier to construct homes, especially a broader variety of types of homes, and in areas that are already developed. The complete text of the proposal, and other related information like meeting dates, is available through the Department Community Development, 20 E Olive Street, Bozeman MT 59715; 406-582- 2260, and online. The proposal may change as the public review process proceeds. Who Decides? At the City Commission’s public hearing the City Commission may act to approve, modify, or reject the proposal or continue the public hearing to another date. The City Commission may change any of the proposed wording in this project during the public hearing process. How can I weigh in? There will be two public hearings, on Monday, May 16, 2022 at 6:00 p.m., before the Community Development Board and on Tuesday, June 7, 2022 at 6:00 p.m., before City Commission. Both meetings will be at City Hall at 121 N Rouse at 6 pm. The city encourages anyone to review the new rules and let us know what you think. You can tell us your thoughts at the public hearings or in writing. Written comments may be submitted before the public hearings to Chris Saunders at the City of Bozeman, Department of Community Development, P.O. Box 1230, Bozeman, MT 59771-1230. Comments may also be emailed to agenda@bozeman.net. Please reference Ordinance 2111 in all comments. 195 If you would like accommodations for disabilities, please contact Mike Gray, City of Bozeman ADA Coordinator, 582-3232 (voice), 582-3203 (TDD). 196 Memorandum REPORT TO:City Commission FROM:Jeff Mihelich, City Manager Rachel Harlow-Schalk, Interim Finance Director Kaitlin Johnson, Budget Analyst SUBJECT:FY23 CM Recommended Budget Highlights: General and Enterprise Funds MEETING DATE:June 7, 2022 AGENDA ITEM TYPE:Finance RECOMMENDATION: Listen to the presentation, ask questions, and provide comments. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: This presentation will provide highlights from the General and Enterprise Fund recommendations as provided in the FY2022-FY2023 (FY23) City Manager Recommended Budget. Core services of the City are provided through funds collected in the General and Enterprise Funds. Government Administration, Police, Fire, Parks, Recreation, Water, Wastewater and Parking are all services supported by funds collected in the General and Enterprise Funds. The presentation will highlight the following information found in the “Fund Summaries” section of the budget along with operations specific to the General and Enterprise funds as found in the “Activity/Department Detail” section of the budget. GENERAL FUND General Government: 197 Activities City Commission, City Manager, City Attorney, Finance, Facilities, Information Technology, Human Resources, Municipal Court, and Non- Departmental including non-profit funding Public Safety: Activities Police and Fire Public Welfare: Activities Recreation, Cemetery, Library, Economic Development, and Sustainability ENTERPRISE FUNDS Public Works: Water Funds Water Operations, Water Treatment Plant and Water Conservation Wastewater Funds Wastewater Operations and Water Reclamation Facility Storm Water Fund Solid Waste Fund Public Safety: Parking Fund In addition to this presentation, the Commission was provided an introduction to the budget on May 24, 2022 and two additional working sessions are planned: June 14 – Internal Service & Special Revenue Funds; June 28 – Final Budget Hearing for Appropriation Resolution. The entire “FY2022-2023 City Manager Recommended Budget” document is available online at http://www.bozeman.net/government/finance/budget- and-financial-reports. 198 Copies are also be available to the public at the Bozeman Library and City Clerk’s office. UNRESOLVED ISSUES: The Commission is requested to provide any questions in advance of this meeting or for follow-up during a later budget work session specific to unresolved issues identified. ALTERNATIVES:If there are changes the City Commission would like to make to the schedule of Budget Work Sessions, please let us know during this presentation. FISCAL EFFECTS: This presentation has no immediate fiscal impacts, but it is the second working session as part of the budget adoption process for the FY23 fiscal year which begins on July 1, 2022. Once adopted, the budget will fund activities that support the Commission's priorities. Report compiled on: May 13, 2022 199