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Home My WebLink About07-12-22 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.Authorize Absence D.1 Authorize the Absence of Commissioner Christopher Coburn (Maas) E.FYI F.Commission Disclosures G.Approval of Minutes G.1 Approve the regular meeting minutes from: May 24, 2022 June 7, 2022 June 14, 2022 (Maas) H.Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, July 12, 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: 2551 947 0077 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 H.1 Accounts Payable Claims Review and Approval (Waters) H.2 Authorize the City Manager to Enter into a Grant Contract with One Valley Community Foundation and Amend the Contract with the HRDC for Warming Center Operations To Distribute FY22 Grants to These Organizations(Rachel Harlow-Schalk, Interim Finance Director) H.3 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with ExxonMobil for the Griffin Drive and Manley Road Street and Stormwater Improvements Project(Lonsdale) H.4 Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement with Tom and Anna Reali for the 521 South 8th Avenue Project (21390)(Ryan) H.5 Authorize the City Manager to Sign a Drainage Easement and a Public Street and Utility Easement with 915 Building Partners, LLC for The Flooring Place and Housing Site Plan (21354)(Flammond) H.6 Authorize the City Manager to Sign a Water Adequacy Agreement and a Public Street and Utility Easement (5) with Northwest Crossing Final Plat (21482)(Johnson) H.7 Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with (HRDC) Human Resource Development Council of District IX, Inc for the Community First Griffin Place Site Plan Project (21117)(Johnson) H.8 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with KQ Bozeman Harmon Stream, LLC for the Bozeman Gateway Phase 4 Final Plat (21032)(Johnson) H.9 Authorize the City Manager to Sign the Memorandum of Understanding (MOU) to Provide Assistance to Montana State University (MSU) with Water System Sampling(Alston) H.10 Authorize the City Manager to sign a Contract Agreement with Precision Concrete Cutting to provide sidewalk grinding services for the City(Gamradt) H.11 Authorize the City Manager to Sign a Task Order for Fiscal Year 2023 Groundwater and Perimeter Methane Monitoring at the Story Mill Landfill(Flammond) H.12 Authorize the City Manager to Sign a Task Order for Fiscal Year 2023 Remediation Systems Oversight at the Story Mill Landfill(Flammond) H.13 Ratify the City Manager's Signature on a Professional Services Agreement with Cushing Terrell for Swim Center Assessment.(Ziegler) H.14 Authorize the City Manager to Sign a Professional Services Agreement for the 2022 Capital Improvement Projects Field Survey(Gamradt) H.15 Authorize the City Manager to execute the First Addendum to the PSA with Water and Environmental Technologies, Inc. (WET), to provide environmental consulting services 2 pertinent to the East Gallatin Landfill(Flammond) H.16 Ordinance 2109, Final Adoption Replacing the Term Columbus Day with Indigenous Peoplesâ€™ Day, and Designating the Second Monday of October as the Local Indigenous Peoplesâ€™ Day Holiday(Giuttari) H.17 Ordinance 2117 Final Adoption Establishing Municipal Court Fee Schedule (Saverud) I.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. J.Action Items J.1 Authorize the City Manager to Sign a Professional Services Agreement with Logan Simpson for the Gallatin Valley Sensitive Lands Protection Plan.(Henderson) J.2 Ordinance 2104 Provisional Adoption to Repeal and Replace Division 38.430 Planned Unit Development with a New Planned Development Zone Process and Amend 24 Related Sections of the Bozeman Municipal Code, Application 22133(Saunders) K.Appointments K.1 Appointments to the Historic Preservation Advisory Board.(Maas) K.2 Appointments to the Library Board of Trustees (Maas) K.3 Appointments to the Downtown Business Improvement District Board (Maas) L.FYI / Discussion M.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 3 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Authorize the Absence of Commissioner Christopher Coburn MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Administration RECOMMENDATION:I move to authorize the absence of Commissioner Christopher Coburn. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Commissioner Christopher Coburn informed City Manager Mihelich that he would not be in attendance. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: June 29, 2022 4 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Approve the regular meeting minutes from: May 24, 2022 June 7, 2022 June 14, 2022 MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment From August of 2013 through December 2020, the City Commission Minutes have been linked with audio and video using AV Capture. In addition to the City Commission, many Citizen Advisory Boards utilize the system as well. Beginning December 14, 2020 the City Commission and many Citizen Advisory Boards moved to our new Granicus Streaming Platform. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance. UNRESOLVED ISSUES:None 5 ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: 05-24-22 City Commission Meeting Minutes.pdf 06-07-22 City Commission Meeting Minutes.pdf 06-14-22 City Commission Meeting Minutes.pdf Report compiled on: May 17, 2022 6 Bozeman City Commission Meeting Minutes, May 24, 2022 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES May 24, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:03:03 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:05:39 Pledge of Allegiance and a Moment of Silence C) 00:06:17 Changes to the Agenda CM Mihelich announced that Action Item I.1 will continue to July 19, 2022 D) 00:06:54 Public Service Announcements D.1 City of Bozeman offices will be closed Monday, May 30 in observance of Memorial Day. There will be no City Commission meeting on Tuesday, May 31. This is a garbage holiday and pick up will be one day later E) 00:07:11 FYI • CM Mihelich announced that the National Community Survey will be sent out to the community for their input on City services; results are expected in August. He provided additional information on the status of the Swim Center, the need for closure, and the next steps regarding repairs and operational changes. F) 00:18:58 Commission Disclosures G) 00:19:04 Consent G.1 Accounts Payable Claims Review and Approval G.2 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Saccoccia Lands II, LLC for Home 2 Suites (19394) Conditional Irrevocable Offer of Dedication G.3 Authorize the City Manager to Sign a Professional Services Agreement with DOWL, LLC for the Stormwater Facilities Plan Update 7 Bozeman City Commission Meeting Minutes, May 24, 2022 Page 2 of 8 PSA Engineering - Stormwater Facilities Update.docx Exhibit B - Budget.pdf Exhibit A - Scope of Services.pdf G.4 Authorize the City Manager to Sign a Public Bus Stop Shelter Easement with HRDC Public Bus Stop Shelter Easement G.5 Authorize the City Manager to sign a Drainage Easement with Theah, LLC for the Cottonwood Veterinary Hospital (21184) Drainage Easement G.6 Authorize the City Manager to Sign a Professional Services Agreement with Greenspace Landscaping for the Downtown Tree Replacement Project 2022 PSA - 2022 Downtown Tree Replacement.pdf G.7 Authorize City Manager to Sign a Professional Service Agreement with High Country Paving for Stiff Professional Building Parking Lot Paving Professional Services Agreement - Professional Building Paving - High Country Paving.pdf G.8 Authorize the City Manager to Sign an Amendment 3 to Task Order 12 with Sanderson Stewart for the Purpose of Right-of-Way Acquisition on the Griffin Drive - 7th to Rouse Project Amendment 3 - Task Order 12 Sanderson Stewart - Griffin Drive ROW.pdf G.9 Ordinance 2102 Final Adoption of Billings Clinic Annexation Zone Map Amendment Establishing B-2 Community Business District on 4.7346 Acres Adjacent to Davis Lane and South of Westlake Road in Conjunction with Annexation, Application 20132 Ordinance 2102 Billings Clinic ZMA.pdf 15063_01_ZONE_MAP_AMENDMENT_032222.pdf G.10 Ordinance 2116 Provisional 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 Ordinance 2116 Lumberyard ZMA.pdf Lumberyard ZMA Exhibit Map.pdf 00:19:05 City Manager Introduction 00:19:20 Public Comment Mayor Andrus opened the Consent Agenda for public comments. 00:20:16 Motion to approve Consent Items 1 - 10 as submitted. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:20:16 Vote on the Motion to approve Consent Items 1 - 10 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: 8 Bozeman City Commission Meeting Minutes, May 24, 2022 Page 3 of 8 None H) 00:20:29 Public Comment Mayor Andrus opened general public comments. 00:22:27 Tonya Stevens, Public Comment Tonya Stevens commented on a request for a UDC change related to sororities and fraternities, an interim ordinance related to the change, and a public hearing on the matter. 00:25:36 Christina McCauley, Public Comment Christina McCauley commented on the Swim Center. 00:25:54 Aunika Milstadt, Public Comment Aunika Milstadt commented on the Swim Center. 00:29:37 Riley McCauley, Public Comment Riley McCauley commented on the Swim Center. 00:32:34 Ashley Ogle, Public Comment Ashley Ogle commented on the Swim Center. 00:34:45 Danika Varda, Public Comment Danika Varda commented on the Swim Center. 00:36:36 Christel Chvilicek, Public Comment Christel Chvilicek commented on the Swim Center. 00:39:12 Joni Hardy, Public Comment Joni Hardy commented on the Swim Center as the Board President for the Brookies Swim team. 00:42:15 Bozeman Barracuda Swimmer, Public Comment The individual did not provide their name and commented on the Swim Center. 00:43:00 Kaia Meyers, Public Comment Kaia Meyers commented on the Swim Center. 00:44:12 Maddie McBride, Public Comment Maddie McBride commented on the Swim Center. 00:44:44 Aiden Degraw, Public Comment Aiden Degraw commented on the Swim Center. 00:45:48 Siobhan Gillmartin, Public Comment Siobhan Gillmartin commented on the Swim Center as the high school coach for Gallatin and Bozeman High School Swim Teams. 00:48:07 Michael Ball, Public Comment 9 Bozeman City Commission Meeting Minutes, May 24, 2022 Page 4 of 8 Michael Ball commented on the Swim Center. 00:49:47 Megan Belasko, Public Comment Megan Belasko commented on the Swim Center. 00:52:42 Jamie Whitley, Public Comment Jamie Whitley commented on the Swim Center. 00:54:11 Mike Leach, Public Comment Mike Leach commented on the Swim Center. 00:57:20 Leif Sundeen, Public Comment Leif Sundeen commented on the Swim Center. 01:01:14 Kathy Irvine, Public Comment Kathy Irvine commented on the Swim Center. 01:02:58 Nathan Cool, Public Comment Nathan Cool commented on the Swim Center. 01:04:48 John Kiser, Public Comment John Kiser commented on the Swim Center. 01:07:12 Nicole Olsen, Public Comment Nicole Olsen commented on the Swim Center. 01:09:30 Mallory Handelin, Public Comment Mallory Handelin commented on the Swim Center. 01:10:58 Parks Inlow, Public Comment Parks Inlow commented on the Swim Center. 01:11:59 Paul Grigsby, Public Comment Paul Grigsby commented on the Swim Center. 01:15:40 Matt Hubbard, Public Comment Matt Hubbard commented on the Swim Center. 01:19:01 Jen Grace, Public Comment Jen Grace commented on the Swim Center. 01:20:52 Dillon Gillespie, Public Comment Dillon Gillespie commented on the Swim Center. 01:21:57 Chris Shrike, Public Comment Chris Shrike commented on the Swim Center. 01:23:46 Hailey Churra, Public Comment 10 Bozeman City Commission Meeting Minutes, May 24, 2022 Page 5 of 8 Hailey Churra commented on the Swim Center. 01:25:53 Gamaya Leach, Public Comment Gamaya Leach commented on the Swim Center. 01:27:34 Maria Holden, Public Comment Maria Holden commented on the Swim Center. 01:31:44 Meeting went into Recess Mayor Andrus called the meeting to recess. 01:31:45 Meeting Reconvened Mayor Andrus called the meeting back to order. I) 01:31:24 Action Items I.1 01:31:52 Continuation of Public Hearings for Silo Annexation and Zone Map Amendment From May 24, 2022 to June 7, 2022 Regarding Annexation of 115 Acres and Initial Zoning of Residential Emphasis Mixed Use Located Northwest of the Intersection of Davis Lane and E. Valley Center Road, Application 21442 01:32:13 Motion to continue the public hearings for application 21442, the Silo Annexation and Zone Map Amendment to June 7, 2022. I-Ho Pomeroy: Motion Christopher Coburn: 2nd 01:32:33 Vote on the Motion to continue the public hearings for application 21442, the Silo Annexation and Zone Map Amendment to June 7, 2022. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.2 01:32:45 Interlocal Agreement Among Gallatin County, City of Bozeman, and City of Belgrade Establishing a City-County Board of Health Interlocal Agreement Bozeman Belgrade City-County Board of Health May 2022.pdf 97- City-County Board of Health Increasing Membership.pdf 01:32:49 Staff Presentation CM Mihelich presented the Interlocal Agreement for the City-County Board of Health, the background on the current agreement, that there exists areas of disagreement with the County, and recommends approval under protest and duress. 11 Bozeman City Commission Meeting Minutes, May 24, 2022 Page 6 of 8 01:35:00 Questions of Staff 01:35:21 Public Comment Mayor Andrus opened this item for public comments. 01:35:46 Russ Nelson, Public Comment Russ Nelson, Mayor of Belgrade, commented on the Interlocal Agreement. 01:37:33 Motion to approve Interlocal Agreement Among Gallatin County, City of Bozeman, and City of Belgrade Establishing a City-County Board of Health Christopher Coburn: Motion Terry Cunningham: 2nd 01:37:40 Discussion Mayor Andrus noted the desire to continue within the City-County agreement, welcomes Belgrade to the agreement, the legislation requiring the change to the agreement, the City has been requesting edits after completing due diligence, about concerns remaining, but will be supporting the agreement due to the timeline from the County under protest. Cr. Coburn noted the changes requiring the new interlocal agreement and the process for adopting a new agreement. DM Cunningham discussed the legislative changes effects on the previous agreement. Cr. Madgic stated support for the motion and cited the Board of Health as an example of quality inter- government collaboration. Cr. Pomeroy will support the agreement. 01:48:31 Vote on the Motion to approve Move to approve Interlocal Agreement Among Gallatin County, City of Bozeman, and City of Belgrade Establishing a City-County Board of Health. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.3 01:48:45 Ordinance 2108 Provisional Adoption Amending Well Use Requirement Update the City of Bozeman (City) regulations for review of subdivisions to conform to the Montana Subdivision and Platting Act, recently updated by the State Legislature, Application 22137. 22137 CC Staff Report Final.pdf Ordinance 2108_Irrigation Water Supply 5-13-22 w strike through and underline.pdf 12 Bozeman City Commission Meeting Minutes, May 24, 2022 Page 7 of 8 01:48:59 Staff Presentation Senior Planner Tom Rogers presented the ordinance to modify requirements for irrigation or exempt wells within the city. He entered the staff report, all public comment, and supplementary information into the record. He noted this is in response to rule changes from the Montana Department of Natural Resources and Conservation (DNRC), the use of exempt wells for irrigation, separate water conservation initiatives, what is being changed, the criteria for review under subdivision regulations and zoning, a summary of the public comment and recommendations. 01:58:34 Questions of Staff 02:13:36 Public Comment Mayor Andrus opened this item for public comments. 02:14:01 Mary Wictor, Public Comment Mary Wictor commented on the release of treatment chemicals used for irrigation. 02:16:16 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 22137, and move to provisionally adopt Ordinance 2108. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:16:34 Discussion 02:20:48 Vote on the 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 22137, and move to provisionally adopt Ordinance 2108. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.4 02:21:00 FY23 City Manager Recommended Budget - Introduction FY2023 City Manager Transmittal Ltr for 5.24.22 Commiss Mtg.pdf 02:21:11 Staff Presentation CM Mihelich presented the summary of the recommended budget. 02:42:39 Questions of Staff 03:17:04 Public Comment 13 Bozeman City Commission Meeting Minutes, May 24, 2022 Page 8 of 8 There were no public comments on this item. J) 03:17:42 FYI / Discussion K) 03:17:58 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: July 12, 2022 14 Bozeman City Commission Meeting Minutes, June 7, 2022 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES June 7, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:02:02 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:04:33 Pledge of Allegiance and a Moment of Silence C) 00:05:16 Changes to the Agenda There were no changes to the agenda. D) 00:05:23 FYI • DM Cunningham reminded the public of the Sustainability Board meeting tomorrow night. • CM Mihelich provided the aquatics update that Bogert Pool opened yesterday, lifeguard certifications are occurring this week, beginning June 13 Bogert Pool will be open from 5:30 am to 8:30 pm and hours will continue to expand, including weekends; the City received one proposal last week for engineering work on the Swim Center; community engagement on a west side recreation center will begin this summer; the City received its bond rating from Moody's at AA1, the highest rating possible for a community without a sales tax; lastly, he provided an update on the recent job fair and additional efforts for hiring. E) 00:10:09 Commission Disclosures There were no disclosures. F) 00:10:14 Consent F.1 Accounts Payable Claims Review and Approval 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) Public Access Easement-Gallatin Valley Presbyterian Church 15 Bozeman City Commission Meeting Minutes, June 7, 2022 Page 2 of 8 Access and Utility Easement Public Access Easement-Christ the King F.3 Authorize the City Manager to Sign a Small Municipal and County Enterprise License Agreement with VertiGIS for Annual Software Subscription VertiGIS SMC ELA_City of Bozeman_20220214.docx F.4 Authorize the City Manager to Sign a Guaranteed Maximum Price Amendment to the Construction Contract for the Library Renovation Project. Bozeman Public Library Amendment No. 1 GMP 05.25.2022.pdf 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 Public Services Agreement - ARC Environmental - Bogert & Swim Center Asbestos Testing.pdf 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 Solids Amendment 2.pdf 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 Addendum 3 to MSA 60994 - City of Bozeman - 23920 (FINAL).pdf Addendum 4 to MSA 60994 - City of Bozeman - 23921 (FINAL).pdf City of Bozeman - Keyed Integration Addendum to EULA - 4-25-22 (002) (1).pdf 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 Baker Tilly Task Order 4.pdf Bozeman Midtown Urban Renewal Financial Analysis and Revenue Projections scope.pdf F.9 Authorize the City Manager to Sign a Fifth Amendment to the Granicus Service Agreement for Additional Closed Captioning Hours MT_Bozeman MT_Q-174168_2022MAY6.pdf F.10 Authorize the City Manager to Sign a Task Order DTN22-002 with Sanderson Stewart for Babcock and Mendenhall Safety Improvement URD Task Order Form DTN22-002-060722.pdf F.11 Authorize the City Manager to Sign a Task Order DTN22-003 with Sanderson Stewart for Downtown Parklet Program Assessment DTN22-003_Parklet Program_TaskOrder_060722.pdf F.12 Authorize City Manager to Sign a Task Order EDD22-004 with Sanderson Stewart for the Fowler Avenue Housing Feasibility Study Fowler Housing Feasibility Study EDD22-004.pdf 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. Attachment 1 CC Resolution 5417 AutoPilot BSTF application.pdf Autopilot Certification Form.pdf 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 Attachment 1 CC Resolution 5418 Associted Logistics BSTF application.pdf 16 Bozeman City Commission Meeting Minutes, June 7, 2022 Page 3 of 8 Associated Logistics Certification Form.pdf F.15 Resolution 5419 Adopting the Update to the Fair Market Value of Land for Cash-in-Lieu of Parkland Calculations Cash in Lieu of Parkland Report.pdf Resolution 5419 Determination of CILP Valuation.docx 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 Ordinance 2096 Riverside ZMA 21426.pdf Ordinance 2096 Zoning Exhibit Map.pdf F.17 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 21438 Carroll on Main ZMA Ordinance 2112.pdf 21438 Carroll on Main ZMA Map Exhibit.pdf 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 Ordinance 2116 Lumberyard ZMA.pdf Lumberyard ZMA Exhibit Map.pdf 00:10:21 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:11:09 Public Comments Mayor Andrus opened the Consent Agenda for public comments. 00:11:30 Leif Sundeen, Public Comment Leif Sundeen commented on the ARC Environmental contract for asbestos testing. 00:13:15 Motion to approve Consent Items 1 - 18 as submitted. Christopher Coburn: Motion Jennifer Madgic: 2nd 00:13:22 Vote on the Motion to approve Consent Items 1 - 18 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 17 Bozeman City Commission Meeting Minutes, June 7, 2022 Page 4 of 8 G) 00:13:31 Public Comment Mayor Andrus opened general public comments. 00:14:33 Hans Dersch, Public Comment Hans Dersch, swim coach of the Barracudas commented aquatic operations. 00:17:35 Kathy Irvine, Public Comment Kathy Irvine commented on the aquatics operations. 00:19:38 Megan Belasko, Public Comment Megan Belasko, President of the Board of the Barracudas, commented on the aquatics operations. 00:22:18 Christina McCauley, Public Comment Christina McCauley commented on aquatics operations. 00:25:37 Audra Hayes, Public Comment Audra Hayes commented on aquatics operations. 00:26:05 Susan Hayes, Public Comment Susan Hayes commented on aquatics operations. 00:28:16 Amy Yovich, Public Comment Amy Yovich commented on aquatics operations and the role of athletics. 00:31:04 John Kiser, Public Comment John Kiser commented on aquatics operations. 00:34:13 Ashley Ogle, Public Comment Ashley Ogle commented on aquatics operations. 00:37:11 Leif Sundeen, Public Comment Leif Sundeen commented on aquatics operations. H) 00:40:37 Action Items H.1 00:40:46 Continue Davis Lane Property Annexation and Zone Map Amendment, Application 21443 to June 28, 2022 00:40:57 Motion to continue the Davis Lane Property Annexation and Zone Map Amendment, Application 21443 to June 28, 2022. Jennifer Madgic: Motion Terry Cunningham: 2nd 00:41:12 Vote on the Motion to continue Davis Lane Property Annexation and Zone Map Amendment, Application 21443 to June 28, 2022. The Motion carried 5 – 0. Approve: 18 Bozeman City Commission Meeting Minutes, June 7, 2022 Page 5 of 8 Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.2 00:41:25 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 22133 CDB Staff Report - Departures.pdf Ordinance 2111 Departures - CDB Recommendation.pdf 22133 Departures amendments - e-news.pdf 00:43:25 Staff Presentation Community Development Program Manager Chris Saunders presented a revised staff report, the ordinance, and public comment. He explained the uploaded version did not reflect the Community Development Board's (CDB) recommendation, but that the analysis did not change. He presented the broad approach to housing and how this ordinance fits in the puzzle, a background on departures, the criteria for approval, the recommendation for approval by the Economic Vitality Board, and the proposed revisions from the CDB. 00:53:23 Questions of Staff 01:48:04 Public Comment Mayor Andrus opened this item for public comments. 01:48:20 Karina Benjamin, Public Comment Karina Benjamin commented on the purchase of investment housing as opposed to capped pricing housing. 01:50:08 Steve Kirchhoff, Public Comment Steve Kirchhoff commented on the Ordinance. 01:53:38 Brian Gallik, Public Comment Brian Gallik commented in support of former Mayors Kirchhoff’s and Krauss's editorial and on the Ordinance. 01:56:56 Leif Sundeen, Public Comment Leif Sundeen commented on the need for additional housing in the community, open spaces, parking, and stacking relaxations. 02:00:28 Mary Wictor, Public Comment 19 Bozeman City Commission Meeting Minutes, June 7, 2022 Page 6 of 8 Mary Wictor commented the definition of missing middle housing and the provision of additional units through these departures. 02:03:57 Clarification of Staff 02:07:08 Additional Questions of Staff 02:09:05 Clarification of Staff on Public Comments 02:11:24 Additional Clarifying Questions of Staff 02:14:00 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. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 02:14:11 Discussion 02:33:49 Motion to amend Table 38.320.070 as presented in the staff report as it relates to the lot width relaxation. Christopher Coburn: Motion Jennifer Madgic: 2nd 02:34:06 Discussion on the Amendment 02:35:34 Vote on the Motion to amend Table 38.320.070 as presented in the staff report as it relates to the lot width relaxation. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:35:45 Discussion on Main Motion Continued 02:44:54 Vote on the 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. The Motion carried 5 – 0. 20 Bozeman City Commission Meeting Minutes, June 7, 2022 Page 7 of 8 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:45:03 Meeting went into Recess Mayor Andrus called the meeting into recess. 02:45:45 Meeting Reconvened Mayor Andrus called the meeting back to order. H.3 02:45:48 FY23 CM Recommended Budget Highlights: General and Enterprise Funds 02:45:54 Staff Presentation CM Mihelich presented the General Fund recommended budget, Fiscal Year 2022 accomplishments, general fund revenue, Fiscal Year 2023 goals, general fund expenditures, salary & benefit considerations, staffing addition requests, general fund reserve, general government expenditures and capital, public safety expenditures, public welfare expenditures & capital, City Commission and non- departmental expenditures, outside entity requests, and the household impact. 02:57:07 Questions on General Fund 03:42:17 Staff Presentation Continued CM Mihelich presented the enterprise funds, fiscal year 2022 accomplishments, revenues & expenses, fiscal year 2023 goals, public safety & public works categories, and public works capital. 03:45:59 Questions on Enterprise Funds I) 03:48:55 FYI / Discussion • DM Cunningham asked for clarification on comments related to ads for lifeguards. • Cr. Coburn commented on the outside entity grant requests and the partnerships to provide social services in the community. • Cr. Pomeroy asked about the possibility of the City providing housing for City staff. • CM Mihelich responded on his view of City provided housing. J) 03:51:59 Adjournment ___________________________________ Cynthia L. Andrus Mayor 21 Bozeman City Commission Meeting Minutes, June 7, 2022 Page 8 of 8 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: July 12, 2022 22 Bozeman City Commission Meeting Minutes, June 14, 2022 Page 1 of 12 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES June 14, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic Absent: Christopher Coburn Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, and City Clerk (CC) Mike Maas A) 00:01:23 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:03:59 Pledge of Allegiance and a Moment of Silence C) 00:04:37 Changes to the Agenda There were no changes to the agenda. D) 00:04:48 Authorize Absence D.1 Authorize the Absence of Commissioner Christopher Coburn 00:04:55 Motion to Authorize the absence of Commissioner Christopher Coburn. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 00:05:00 Vote on the Motion to approve Authorize the absence of Commissioner Christopher Coburn. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 23 Bozeman City Commission Meeting Minutes, June 14, 2022 Page 2 of 12 E) 00:05:08 Public Service Announcements E.1 City of Bozeman offices will be closed Monday, June 20 in observance of the Juneteenth Holiday. There will be no City Commission meeting on Tuesday, June 21. This is not a garbage holiday and pick up will be on the regularly scheduled day. F) 00:05:25 FYI • DM Cunningham provided a statement related to the flooding in neighboring communities. • CM Mihelich provided an update on aquatics operations and status of Swim Center repairs. G) 00:09:06 Commission Disclosures There were no disclosures. H) Approval of Minutes H.1 00:09:15 Approve the regular meeting minutes from: April 26, 2022 May 3, 2022 May 10, 2022 May 17, 2022 05-17-22 City Commission Meeting Minutes.pdf 05-10-22 City Commission Meeting Minutes.pdf 05-03-22 City Commission Meeting Minutes.pdf 04-26-22 City Commission Meeting Minutes.pdf 00:09:21 Motion to approve the combined City Commission minutes as submitted. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 00:09:31 Vote on the Motion to approve the combined City Commission minutes as submitted. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None I) 00:09:40 Consent I.1 Accounts Payable Claims Review and Approval I.2 Authorize the City Manager to Sign a Construction Agreement with Pace Painting LLC for Story Mansion Exterior Painting Construction Agreement - Story Mansion Exterior Painting - Pace Painting LLC.pdf I.3 Authorize City Manager to Sign a Professional Services Agreement with Ingram- Clevenger Inc for Story Mansion Exterior Repairs 24 Bozeman City Commission Meeting Minutes, June 14, 2022 Page 3 of 12 Professional Services Agreement - Ingram-Clevenger - Story Mansion Exterior Repairs.pdf I.4 Authorize City Manager to Sign a Professional Services Agreement with Jackson Contractor Group Inc for Facilities Projects Professional Services Agreement - Facilities Contractors - Jackson Contractor Group Inc.pdf I.5 Authorize the Signature of the City Manager for a Schedule A Contract Revision with Vector Solutions for Learning Management Software Billing Cycle City of Bozeman (MT) Vector Solutions Renewal Date Change 5_17_2022.pdf I.6 Authorize the City Manager to Sign a Change Order to the Task Order with Tetra Tech, Inc for Groundwater and Perimeter Methane Monitoring and Assessment of System Performance and Effectiveness at the Bozeman Story Mill Landfill for Fiscal Year 2022 Exhibit A I.7 Ordinance 2108 Final Adoption Amending Well Use Requirement Update the City of Bozeman (City) Regulations to Conform to Revised Regulations of Montana Department of Natural Resources and Conservation, Application 22137 Ordinance 2108_Irrigation Water Supply 5-13-22 w strike through and underline.pdf 00:09:48 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:10:32 Public Comment Mayor Andrus opened the Consent Agenda for public comments. 00:11:03 Mary Wictor, Public Comment Mary Wictor commented on Ordinance 2108. 00:13:24 Motion to approve Consent Items 1 -7 as submitted. Jennifer Madgic: Motion Terry Cunningham: 2nd 00:13:34 Vote on the Motion to approve Consent Items 1 -7 as submitted. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None J) 00:13:41 Public Comment Mayor Andrus opened general public comments. 00:14:52 Leif Sundeen, Public Comment Leif Sundeen commented on the aquatics operation and the Swim Center. 25 Bozeman City Commission Meeting Minutes, June 14, 2022 Page 4 of 12 00:16:27 Joe Kusak, Public Comment Joe Kusak commented on aquatics operations, democracy, and community collaboration. 00:20:09 Kit Kusak, Public Comment Kit Kusak commented on aquatics operations. 00:21:12 Elizabeth Williamson, Public Comment Elizabeth Williamson commented on aquatics operations. 00:21:53 Amelia Olsen, Public Comment Amelia Olsen commented on aquatics operations. 00:22:34 Cody Widener, Public Comment Cody Widener commented on aquatics operations. 00:23:19 Ollie Belasko, Public Comment Ollie Belasko commented on aquatics operations. 00:24:04 Cami Yovich, Public Comment Cami Yovich commented on aquatics operations. 00:26:15 June Kusak, Public Comment June Kusack commented on aquatics operations. 00:27:27 Ingrid Olsen, Public Comment Ingrid Olsen commented on aquatics operations. 00:28:32 Annalise Belasko, Public Comment Annalise Belasko commented on aquatics operations. 00:30:28 Maya Maganito, Public Comment Maya Maganito commented on aquatics operations. 00:31:44 Charmaine Maganito, Public Comment Charmaine Maganito commented on aquatics operations. 00:33:40 Isaac Olsen, Public Comment Isaac Olsen commented on aquatics operations and the management of City assets. 00:36:20 Quinn McColley, Public Comment Quinn McColley commented on aquatics operations. 00:37:06 Christina McColley, Public Comment Christina McColley commented on aquatics operations. 00:40:02 Andrew Williamson, Public Comment Andrew Williamson commented prioritizing the Swim Center. 26 Bozeman City Commission Meeting Minutes, June 14, 2022 Page 5 of 12 00:41:43 Megan Belasko, Public Comment Megan Belasko commented on aquatic operations. 00:43:50 Ashley Ogle, Public Comment Ashley Ogle commented on aquatics operations. 00:45:34 John Kaiser, Public Comment John Kaiser commented on aquatics operations. K) 00:48:16 Action Items K.1 00:48:25 Resolution 5420 Approving Certain Projects in the South Bozeman Technology Tax Increment Financing District as Technology Infrastructure Development Projects and Using Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible Costs of Such Projects; Approving a Related Development Agreement; and Making a Reimbursement Declaration CC Memo Resolution 5420 SBTD 20220614.pdf Resolution approving MSUIC projects.v2.pdf City of Bozeman MSUIC Financial Review Summary Memo Update 060222.pdf BZN Development Agreement -- MSUIC.v4.docx MSUIC TIF Application Package.pdf 00:48:47 Staff Presentation Economic Development Program Manager David Fine presented the first project in the South Bozeman Technology District, the purpose, Strategic Plan & the Economic Development Strategy, the incentives, renderings of proposed uses within the district, the proposed infrastructure build out, the proposed Tax Increment Financing (TIF) reimbursement, the fiscal effects, the required findings, an overview of the resolution, and a recommended motion. 00:57:00 Questions of Staff 01:09:07 Public Comments Mayor Andrus opened this item for public comments. 01:09:32 Emily Talago, Public Comment Emily Talago commented on housing challenges for these businesses' employees. 01:13:00 Motion Having considered public comment and all information presented, I move to adopt Staff findings in the Commission Memorandum and approve Resolution 5420. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 01:13:12 Discussion 01:23:32 Vote on the Motion to approve Having considered public comment and all information presented, I move to adopt Staff findings in the Commission Memorandum and approve Resolution 5420. The Motion carried 4 – 0. 27 Bozeman City Commission Meeting Minutes, June 14, 2022 Page 6 of 12 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None K.2 01:23:45 Ordinance 2118 Provisional Adoption Authorizing City Commission to Establish by Resolution Criteria and Procedures for Remote Participation by Commissioners and Board Members and Resolution 5421 Establishing Criteria and Procedures for Remote Participation Ordinance 2118 Remote Participation 6122 gs.pdf Resolution 5421 Remote Participation 6122 gs.pdf 01:24:03 Staff Presentation CA Sullivan presented the ordinance and accompanying resolution allowing the option for remote participation. 01:31:10 Questions of Staff 01:39:52 Public Comment There were no public comments on this item. 01:40:23 Motion to Provisionally Adopt Ordinance 2118 and Adopt Resolution 5421. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 01:40:36 Discussion 01:49:21 Motion to Amend to incorporate the phrase that the designated presiding officer me be an in- person attendee in the meeting. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 01:49:35 Discussion on the Amendment 01:50:35 Vote on the Motion to amend to incorporate the phrase that the designated presiding officer me be an in-person attendee in the meeting. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic 28 Bozeman City Commission Meeting Minutes, June 14, 2022 Page 7 of 12 Disapprove: None 01:50:46 Vote on the Motion to Provisionally Adopt Ordinance 2118 and Adopt Resolution 5421. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 01:51:01 Meeting went into Recess Mayor Andrus called the meeting into recess. 01:51:13 Meeting Reconvened Mayor Andrus called the meeting back to order. K.3 01:51:18 Downtown Business Improvement District Fiscal Year 2023 Budget and Work Plan FY2023 BID Work Plan and Budget.pdf 01:51:30 Staff Presentation Economic Development Director, Emily Cope, Downtown Business Partnership presented the budget and work plan. 01:54:33 Questions of Staff 02:00:05 Public Comment There were no comments on this item. 02:00:27 Motion to approve Downtown Business Improvement District Fiscal Year 2023 Budget and Work Plan Jennifer Madgic: Motion Terry Cunningham: 2nd 02:00:38 Discussion 02:03:30 Vote on the Motion to approve Downtown Business Improvement District Fiscal Year 2023 Budget and Work Plan. The Motion carried 4 – 0. Approve: Cyndy Andrus 29 Bozeman City Commission Meeting Minutes, June 14, 2022 Page 8 of 12 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None K.4 02:03:41 Downtown Urban Renewal District Fiscal Year 2023 Budget and Work Plan FY2023 URD Work Plan-Budget.pdf 02:03:57 Staff Presentation Executive Director Downtown Business Partnership, Ellie Staley, presented the budget and work plan. 02:11:06 Questions of Staff 02:26:23 Public Comments There were no comments on this item. 02:26:44 Motion to approve Downtown Urban Renewal District Fiscal Year 2023 Budget and Work Plan Terry Cunningham: Motion I-Ho Pomeroy: 2nd 02:26:53 Discussion 02:33:47 Vote on the Motion to approve Downtown Urban Renewal District Fiscal Year 2023 Budget and Work Plan. The Motion carried 3 – 1. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Cyndy Andrus 02:33:58 Staff Presentation Program Manager Fine presented the five urban renewal districts' budgets and work plans. K.5 02:34:46 Midtown Urban Renewal District Fiscal Year 2023 Work Plan and Budget and Fiscal Year 2022 Annual Report Midtown Budget FY 2023 FINAL.pdf Fiscal Year 2023 Midtown Work Plan and Budget and Annual Report Final.pdf K.6 02:42:59 Northeast Urban Renewal District Fiscal Year 2023 Work Plan and Budget and Fiscal Year 2022 Annual Report 22-23 NURB Budget final.pdf FY23 NURB Work Plan FINAL.pdf 30 Bozeman City Commission Meeting Minutes, June 14, 2022 Page 9 of 12 K.7 02:44:52 North Park Renewal District Fiscal Year 2023 Work Plan and Budget and Fiscal Year 2022 Annual Report NP URD Work Plan and Budget FY 23 FINAL.pdf K.8 02:46:11 Pole Yard Urban Renewal District Fiscal Year 2023 Work Plan and Budget and Fiscal Year 2022 Annual Report Pole Yard URD FY 23 Work Plan and Budget FINAL.pdf K.9 02:46:50 South Bozeman Technology District Fiscal Year 2023 Work Plan and Budget and Fiscal Year 2022 Annual Report SBTD Work Plan and Budget FY 2023 FINAL.pdf 02:47:23 Questions of Staff 03:03:10 Public Comment There were no comments on this item. 03:03:58 Motion to approve the Midtown Urban Renewal District Fiscal Year 2023 Work Plan and Budget. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 03:04:19 Discussion 03:06:54 Vote on the Motion to approve I move to approve the Midtown Urban Renewal District Fiscal Year 2023 Work Plan and Budget. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 03:07:05 Motion to approve the Northeast Urban Renewal District Fiscal Year 2023 Work Plan and Budget. Jennifer Madgic: Motion Terry Cunningham: 2nd 03:07:19 Discussion 03:08:44 Vote on the Motion to approve the Northeast Urban Renewal District Fiscal Year 2023 Work Plan and Budget. The Motion carried 4 – 0. Approve: Cyndy Andrus 31 Bozeman City Commission Meeting Minutes, June 14, 2022 Page 10 of 12 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 03:08:55 Motion to approve the North Park Renewal District Fiscal Year 2023 Work Plan and Budget Terry Cunningham: Motion I-Ho Pomeroy: 2nd 03:09:05 Discussion 03:10:00 Vote on the Motion to approve the North Park Renewal District Fiscal Year 2023 Work Plan and Budget. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 03:10:14 Motion to approve the Pole Yard Urban Renewal District Fiscal Year 2023 Work Plan and Budget. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 03:10:35 Discussion 03:11:09 Vote on the Motion to approve the Pole Yard Urban Renewal District Fiscal Year 2023 Work Plan and Budget. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 03:11:21 Motion to approve the South Bozeman Technology District Fiscal Year 2023 Work Plan and Budget. 32 Bozeman City Commission Meeting Minutes, June 14, 2022 Page 11 of 12 Jennifer Madgic: Motion Terry Cunningham: 2nd 03:11:33 Discussion 03:12:45 Vote on the Motion to approve the South Bozeman Technology District Fiscal Year 2023 Work Plan and Budget. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None K.10 03:12:56 FY2022-2023 City Manager Recommended Budget Highlights: Internal Service and Special Revenue Funds 03:13:02 Staff Presentation CM Mihelich presented the Internal Service & Special Revenue Funds recommended budget. He presented the vehicle maintenance fund expenditures, health-medical insurance fund expenditures, and the public works administration fund expenditures. 03:15:22 Questions of Staff 03:18:27 Staff Presentation continued CM Mihelich presented the special revenue funds, the street maintenance district fund revenues, expenditures, & capital improvements, the street arterial construction fund revenues, expenditures, & capital improvements, the parks & trails district revenues, expenditures, & capital improvements, the tree maintenance fund revenues, expenditures, & capital improvements, what happens with the special revenue goes away, and the community housing revenues & expenditures. 03:24:36 Questions of Staff continued 03:32:32 Staff Presentation continued CM Mihelich presented the uses of American Rescue Plan Act (ARPA) funds. 03:34:18 Questions of Staff continued L) 03:39:01 FYI / Discussion • Mayor Andrus responded to public comments related to aquatics operations. • CM Mihelich responded to public comments on city assets and the efforts to undertake structural assessments of all aging structures; he responded on the release of the operational assessment of aquatics operations; he responded that the scope of work on the Swim Center repairs. 33 Bozeman City Commission Meeting Minutes, June 14, 2022 Page 12 of 12 M) 03:42:05 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: July 12, 2022 34 Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, 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:July 12, 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: July 8, 2022 35 Memorandum REPORT TO:City Commission FROM:Rachel Harlow-Schalk, Interim Finance Director SUBJECT:Authorize the City Manager to Enter into a Grant Contract with One Valley Community Foundation and Amend the Contract with the HRDC for Warming Center Operations To Distribute FY22 Grants to These Organizations MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Grant RECOMMENDATION:I move to authorize the City Manager to sign a grant agreement with One Valley Community Foundation and amend the FY22 HRDC Warming Center Operations Contract 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:March 22 - contract for warming center ops. amend to add $250k June 28 - commiss approved $50k award to one valley UNRESOLVED ISSUES:. ALTERNATIVES:. FISCAL EFFECTS:. Report compiled on: June 29, 2022 36 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with ExxonMobil for the Griffin Drive and Manley Road Street and Stormwater Improvements Project MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign Temporary Construction Permits and Right-of-Way documents with ExxonMobil for the Griffin Drive and Manley Road Street and Stormwater Improvements project. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The Griffin Drive and Manley Road Street and Stormwater Improvement project generally consists of construction of a new three-lane roadway on Griffin Drive from Maus Lane to Rouse Avenue with curb and gutter, separated multi-use pathways on both sides, a traffic signal at Manley Road, lighting and utility improvements. The project also includes construction of approximately 200 feet of Manley Road from Griffin Drive to the south end of the Manley Road reconstruction project, which was completed in 2020. In order to construct these improvements it is necessary to acquire the right of way described herein. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:None. There is no cost associated with this Right of Entry Agreement. Report compiled on: June 2, 2022 37 Memorandum REPORT TO:City Commission FROM:Suzanne Ryan, Engineer II Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement with Tom and Anna Reali for the 521 South 8th Avenue Project (21390) MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement with Tom and Anna Reali for the 521 South 8th Avenue Project (21390). 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: Sewer and Water Pipeline and Access Easement and Agreement Report compiled on: June 27, 2022 38 39 40 41 42 43 Memorandum REPORT TO:City Commission FROM:Cody Flammond, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Drainage Easement and a Public Street and Utility Easement with 915 Building Partners, LLC for The Flooring Place and Housing Site Plan (21354) MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Drainage Easement and a Public Street and Utility Easement with 915 Building Partners, LLC for The Flooring Place and Housing Site Plan (21354). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Drainage Easement Public Street and Utility Easement Report compiled on: June 27, 2022 44 45 46 47 48 49 50 51 52 53 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Water Adequacy Agreement and a Public Street and Utility Easement (5) with Northwest Crossing Final Plat (21482) MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to Sign a Water Adequacy Agreement and a Public Street and Utility Easement (5) with Northwest Crossing Final Plat (21482). 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 Street and Utility Easement-1 Public Street and Utility Easement-2 Public Street and Utility Easement-3 Public Street and Utility Easement-4 Public Street and Utility Easement-5 Water Adequacy Agreement for Northwest Crossing Development Report compiled on: July 6, 2022 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with (HRDC) Human Resource Development Council of District IX, Inc for the Community First Griffin Place Site Plan Project (21117) MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with (HRDC) Human Resource Development Council of District IX, Inc for the Community First Griffin Place Site Plan Project (21117). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Conditional Irrevocable Offer of Dedication Report compiled on: June 27, 2022 88 89 90 91 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with KQ Bozeman Harmon Stream, LLC for the Bozeman Gateway Phase 4 Final Plat (21032) MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with KQ Bozeman Harmon Stream, LLC for the Bozeman Gateway Phase 4 Final Plat (21032). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Conditional Irrevocable Offer of Dedication Report compiled on: June 22, 2022 92 93 94 95 96 Memorandum REPORT TO:City Commission FROM:John Alston, Director of Utilities Jeff Mihelich, City Manager SUBJECT:Authorize the City Manager to Sign the Memorandum of Understanding (MOU) to Provide Assistance to Montana State University (MSU) with Water System Sampling MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to sign the Memorandum of Understanding (MOU) to provide assistance to Montana State University (MSU) with water system sampling. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:MSU has a public water supply system that must comply with Department of Environmental Quality (DEQ) sampling requirements. MSU requested the City’s assistance with sampling and for advice on managing their system. By signing this MOU the City agrees to provide sampling and prepare reports required by DEQ, as well as inventory and test backflow preventer assemblies at the nine (9) entry points to the MSU system and all MSU buildings tied directly to the city’s water distribution system and will compensate the City for services provided. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The annual fee for services is $50,000 for fiscal years beginning 7/1/2022, 7/1/2023 and 7/1/2024. Attachments: Memorandum of Agreement Attachment A - Sampling and Related Services for MSU Report compiled on: June 27, 2022 97 Memorandum of Agreement This Memorandum of Agreement, effective as of July 1, 2022 between Montana State University Bozeman (MSU) and the City of Bozeman (Bozeman) collectively referred to as the “Parties”, addresses areas of responsibility with respect to the National Primary Drinking Water Regulations and fulfills the requirements of the Administrative Rules of Montana to be considered for exclusion. WHEREAS, MSU has been classified as a public water supply system which: a) Consists only of distribution facilities and does not have any treatment facilities; b) Obtains all of its potable water from the public water system owned and operated by the City of Bozeman; c) Does not sell water to any person; and Is not a carrier that conveys passengers in interstate commerce; and WHEREAS, Bozeman operates a public water supply system and is the sole provider of potable water to MSU; and WHEREAS, the parties desire to enter into this agreement to clarify the responsibilities of the parties as necessary for exclusion under ARM 17.38.210. NOW THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: B. Bozeman shall: a. Review, on an annual basis or when new guidance or regulations are promulgated, the sampling requirements required by the regulations and guidance provided by the Montana Department of Environmental Quality (DEQ). b. Prepare an annual sampling schedule for all required components. c. Provide sampling and related services as further described in Attachment A. Bozeman will provide a qualified water treatment operator or technician, equipment, and consumables to perform sampling. d. Provide all required public notices and all required DEQ reports, including consumer confidence reports. e. Provide a systems management professional to MSU, including Certified Water System Operator, to review MSU’s water system repairs, valve exercising program and leak detection program. f. On request, survey MSU buildings for adequate backflow protection at point of entry for potable water domestic and fire lines and make recommendation for type of protection for the hazard level present in the structure. g. Test backflow preventer assemblies at the nine (9) entry points to the MSU system and all MSU buildings tied directly to the city’s water distribution system. h. On request, store backflow preventer data for point of entry at each campus building in the City’s backflow software inventory and notify MSU in writing when backflow preventers are due for testing. 98 i. Provide technical assistance to MSU Engineering & Utilities for capital planning of improvements to MSU’s water system. C. MSU shall: a. Retain ownership of all water system infrastructure located on the Montana State University campus. b. Be responsible for all maintenance, repairs and capital improvements to the MSU water system and compliance with applicable state and federal regulatory requirements, including but not limited to piping, valves, and any other equipment necessary to maintain compliance. c. Retain ownership of all campus backflow infrastructure and be solely responsible for all maintenance, repairs and capital improvements to the backflow equipment at the entry points to the MSU water system and for each campus building. d. Compensate Bozeman for services provided pursuant to this MOU. The fee will be negotiated by Bozeman’s Utilities Director and MSU Director of Engineering & Utilities based upon the requirements for sampling and professional services. The annual fee for services is $50,000 for fiscal years beginning 7/1/2022, 7/1/2023 and 7/1/2024. e. Provide access to MSU campus facilities and systems as necessary for Bozeman staff to perform the required sampling and professional services. f. Provide parking privileges for Bozeman vehicles with the same parking privileges as MSU maintenance and support vehicles for sampling activities and provide on- campus parking for Bozeman vehicles used to provide professional service activities outlined in this MOU. D. Effective Date and Duration. This agreement shall be effective as of the date of execution and shall continue for a period of three (3) years. The parties may terminate this agreement at any time upon mutual written agreement. The parties may extend the agreement for such additional period of time and under such terms as the parties agree upon in writing. Jeff Mihelich, Date City Manager John How, Date Associate Vice President of University Services 2 99 Attachment A Sampling and Related Services for MSU Sample Name Number of sample sites Related Services TCR (20/month) 5-8 sites/ 1st 3 weeks of month Includes reporting and required paperwork Lead and Copper (30/3 years) 30 sites every 3 years Includes reporting, notification, and other required paperwork DDBP (2/quarter) 2 sites each quarter Includes reporting and required paperwork CCR (1/year) Posting in all campus buildings Includes compiling, editing, and distribution. Daily Sampling 1 site/day Includes reporting and required paperwork Miscellaneous Required Sampling 1 site Includes shipping, reporting, etc. (UCMR & asbestos sampling) TCR requirements: sampling, packaging, and shipping along with quarterly preparation of the Monthly DBP Rule & Maximum Residual Disinfection Limit (MRDL) Chlorine Residual Measurements Reporting Form for mailing to DEQ and filing MSU copies. Lead and Copper requirements: sampling, packaging, and shipping along with 90% calculations for both, preparing the Lead and Copper Certification forms, sample site notification forms, posting all sampling results around campus and filing of all copies for MSU. DDBP (Disinfectants and Disinfection By-Products Rule) requirements: sampling, packaging, and shipping along with preparing the Disinfectants and Disinfection By-Products Rule Disinfection By-Products (DBP) Reporting Form for mailing to the DEQ and filing MSU copies. CCR (Consumer Confidence Report) requirements: Annual compiling all sample results and sample results from MT0000161, editing, and preparation for printing (and edits before final printing). The distribution of the CCR around campus and preparation of Documentation for DEQ Compliance with CCR Requirements paperwork to be mailed to the DEQ and filing of MSU copies. Daily Distribution Chlorine Residual requirements: sampling, data entry into proper forms, and monthly preparation of Daily Chlorine Residual Determinations for Surface Water Supplies to be mailed to the DEQ and filing of MSU copies. Miscellaneous Required Sampling requirements: As required by DEQ regulation the sampling, packaging, and shipping of UCMR and Asbestos samples along with preparing required paperwork for mailing to DEQ and filing MSU copies. 100 Memorandum REPORT TO:City Commission FROM:Gamradt SUBJECT:Authorize the City Manager to sign a Contract Agreement with Precision Concrete Cutting to provide sidewalk grinding services for the City MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Contract Agreement with Precision Concrete Cutting to provide sidewalk grinding services for the City STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:In 2016 the City began retaining Precision Concrete Cutting as a sole source provider for concrete grinding in the city. The purpose of this work is to remove trip hazards on public sidewalk caused by boulevard tree roots pushing up on sidewalk panels and creating an uneven walking surface. This work will be directed by city engineering staff. UNRESOLVED ISSUES:None. ALTERNATIVES:Disapprove FISCAL EFFECTS:As described in the contract, concrete grinding will be billed on a unit cost basis not to exceed $25,000 in locations specified by the City. This work will be paid for by approved funding from our contracted services. Attachments: CONSTRUCTION AGREEMENT.docx Report compiled on: June 24, 2022 101 Page 1 of 17 CONTRACT 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, PRECISION CONCRETE CUTTING hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained herein, the parties agree as follows: 1.Work to be Performed: Removing trip hazards on public sidewalk caused by boulevard tree roots.Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to perform and complete the Work. 2.Contract Documents: The Contract Documents which comprise the entire agreement between the City and Contractor as attached to or referenced in this Agreement, are made a part hereof by this reference and consist of the following: a.This Agreement. b.Proof of Insurance and Performance and Payment Bonds. c.Montana Public Works Standard Specifications, 7th Edition (MPWSS), and as further amended by the City of Bozeman Modifications to MPWSS. d.Notice to Proceed. There are no Contract Documents other than those listed above in this Section 2. The Contract Documents may not be altered, amended or repealed except by a modification (as defined in the MPWSS, General Conditions). 3.Time of Performance: Contractor shall begin the Work after receiving a Notice to Proceed from City and shall complete the Work no later than September 30th 2021. Time is of the essence of completion of all work and each phase of the Work. 4.Payment: 102 Page 2 of 17 a.Upon satisfactory final completion and acceptance of the Work, City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Work, the amount of $51.29 per inch-foot of sidewalk satisfactorily cut not to exceed [twenty five thousand dollars] ($25,000). b.If work not included within the Scope of Services, Attachment A is requested by City, such additional work and the related compensation shall be agreed to in writing by both parties prior to commencement of the additional work (“Change Order”). c.Contractor shall submit applications for payment in accordance with the Montana Public Works Standard Specification, _6th_ Edition General Conditions. Applications for payment will be processed as provided in the General Conditions. d.Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Work that Contractor may have or assert against City, its officers, agents, and employees. e.Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in the MPWSS. 5.Inspection and Testing: a.City has the right to inspect and test any and all Work performed by Contractor. Contractor shall allow City and its agents access to the Work at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the Work or uncovering or taking down portions of the finished Work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility, and obligation to ensure that the Work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Work. City’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement. b.Contractor shall, without charge, replace any material or correct any Work found by the City or its agents to be defective or otherwise not in compliance with the terms and 103 Page 3 of 17 conditions of this Agreement. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation. 6.Contractor’s Representations and Warranties: In order to induce the City to enter into this Agreement, Contractor represents and warrants as follows: a.Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, the Work site, 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 Work. b.Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work. c.Contractor has made or caused to be made examinations, and investigations as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by Contractor for such purposes. d.Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. e.Contractor and its sureties are liable for the satisfaction and full performance of all warranties. 7.General Requirements: a.Contractor Use of Premises. The Contractor shall confine his operations at site of the proposed work to within the right-of-way or construction easements provided. b.Safekeeping of Equipment and Materials on Work Site. It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the site will be entirely that of Contractor and that no claim shall be made against the City by reason of any act of an employee or trespasser. It shall be further understood that should any occasion arise necessitating access by the City to the sites occupied by these stored materials and equipment, the Contractor owning or responsible for the stored 104 Page 4 of 17 materials or equipment shall immediately remove same. No materials or equipment may be placed upon any private property until the property owner has agreed in writing to the location contemplated by the Contractor to be used for storage. c.Excavation. Where excavation will be required adjacent to existing structures, the Contractor shall be solely responsible to maintain the structural integrity of the existing structures. The Contractor shall take whatever means necessary to insure that the existing structure is not damaged and if necessary shall install sheet piling. The Contractor shall repair all damage to the existing structures at his own expense. Any fences destroyed during construction shall be repaired to the satisfaction of the property owner. Any delay, additional work, or extra cost to the Contractor caused by existing underground installations shall not constitute a claim for extra work, additional payment or damages. d.Protection of Existing Mailboxes, Curbs and Gutters and Driveways. The Contractor shall take whatever means necessary to insure that the existing mailboxes, curbs and gutters and driveways are not damaged during construction. If it is necessary to remove or disturb mailboxes during construction, the Contractor shall repair and restore the mailboxes at his own expense to the satisfaction of the property owner. Any curb, gutter, or driveways damaged during construction, not noted to be replaced on the drawings, shall be replaced by the Contractor at his own expense. e.Surface Drainage. Water from such sources as surface runoff, dewatering and flushing of water lines during project construction shall not be allowed to enter into drainage ways or open areas that will cause flooding of existing structures, street intersections, or lawn areas. f.Debris; Restoration. While performing the Work, and as part of the final completion of the Work, Contractor shall clean up the Work site, including the removal and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Work. Any disturbed landscaped areas shall be properly restored. g.Work Sequence. The Contractor shall schedule the work to minimize inconvenience to the City and to adjacent property owners and to minimize interruptions to utility service. This shall include minimizing obstruction to local traffic especially on dead end streets. Work shall be scheduled so as to minimize disruptions to local mail delivery. h.Traffic Control. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads and walks, the Contractor shall obtain approval of such actions from the County or Montana Department of Transportation and shall provide and maintain suitable and safe lighted detours or other temporary expedients for the 105 Page 5 of 17 accommodation of public and private travel in accordance with the current edition of the Manual on Uniform Control Devices for Streets and Highways (MUTCD). The Contractor shall not occupy the work site or initiate construction until all traffic control provisions are in place and the City has been so notified. The Contractor shall cooperate and coordinate his methods with the City’s traffic control plans prior to the disruption of the normal flow of any traffic. i.Safety. Safety provisions must be entirely adequate and meet with City, County, State and Federal regulations to protect the public on affected streets and roads. 1) Barricades and Lights. Prior to the start of construction across roads or walks, all construction permits shall be obtained, utility companies notified, and traffic patterns, signing, location of flagmen, barricades and other safety measures arranged. Providing and maintaining safety barricades, and other work site safety measures shall be the responsibility of the Contractor and shall be included in the contract price. 2) All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions, such as material piles and equipment, shall be provided with similar warning signs and lights. 3) All barricades and obstructions shall be illuminated by means of warning lights from sunset to sunrise. Materials stored upon or alongside public streets and highways shall be provided with similar warning signs and lights. 4) All barricades, signs, lights and other protective devices shall be installed and maintained in conformity with applicable statutory requirements and, where within railroad and highway right-of-way, as required by the authority having jurisdiction thereover. 5) Work performed within property under the City’s jurisdiction shall have all barricades, signs, lights and protective devices installed and maintained. 8.Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of the City with the Contractor’s performance, Contractor shall make 106 Page 6 of 17 no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays. 9.Suspension: a.The City may, by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Work (“Notice of Suspension”). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension, Contractor shall use its best efforts to minimize costs associated with the suspension. b.Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1)immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2)place no further orders or subcontracts for materials, services, or equipment; (3)promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4) continue to protect and maintain the Work, including those portions on which work has been suspended. c.As compensation for the suspended Work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1)all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (2)an equitable amount to reimburse Contractor for the cost to protect and maintain the Work during the period of suspension; and (3)an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Work has increased or decreased. d.Upon receipt of written notice by the City to resume the suspended work (“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 9(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised WorkSchedule for the City’s review and approval. Contractor’s failure to timely make such a claim shall result in a waiver of the claim. e.No compensation described in Section 9(c) shall be paid and no extension of time to complete the Work shall be granted if the suspension results from Contractor’s non- compliance with or breach of the terms or requirements of this Agreement. 107 Page 7 of 17 10.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, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of the Work. b.In the event of a termination pursuant to this Section 10, Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment until the Work has been completed. Upon completion of the Work, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Work and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay the difference, plus interest at the rate applicable to court judgments, to the City. c.Any termination provided for by this Section 10 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 10, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 11.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 work on the Work, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease work on the Work, 108 Page 8 of 17 discontinue placing orders for materials, supplies, and equipment for the Work, and make every reasonable effort to 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, in progress, or in transit to the construction site. c.In the event of a termination pursuant to this Section 11, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain the City’s sole property. d.The compensation described in Section 11(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. 12.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 ten (10) 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. 13.Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be __Kellen Gamradt__ or such other individual as City shall designate in 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 109 Page 9 of 17 Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be __Aleshea McDonald___ 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. 14.Locating Underground Facilities: Contractor shall be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities, this fact shall be noted in writing prior to commencement of such location work. 15.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, pay all fees and charges in connection therewith, and perform all surveys and locations necessary for the timely completion of the Work. 16.Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this Agreement or work on the Work, shall be promptly furnished to the City (“City Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all copyright and patent 110 Page 10 of 17 rights in and to the City Documents and Information. Neither party grants to the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 17.Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, Montana Contractor Registration requirements, Montana Contractors Gross Receipts Tax (Title 15, Chapter 50, MCA), 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. 18.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. 19.Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of the Work. 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 111 Page 11 of 17 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. 20.Labor Relations: a.In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Work, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Work 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 to resume work on the Work shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the work on the Work to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b.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. 21.Subcontractors: a.Contractor may employ subcontractors for any part of the Work. Contractor shall provide City with a list of all subcontractors employed. b.Contractor remains fully responsible for the acts and omissions of any subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall remain fully responsible and liable for the timely completion of the Work. c.Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of subcontractors, and all such payments shall be used to satisfy obligations of the Work before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the 112 Page 12 of 17 reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’ written notice to Contractor, may pay subcontractor by direct or joint payment. 24.Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Work. If the Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record within thirty (30) days after its filing. 25.Indemnification; Insurance; Bonds: a.Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. b.Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). c.Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. d.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 Cityshall be entitled to recover reasonable 113 Page 13 of 17 costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. e.In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. f.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. g.These obligations shall survive termination of this Agreement and the services performed hereunder. h.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 and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below: Workers’ Compensation – not less than statutory limits; 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; Products and Completed Operations – $1,000,000; Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles); Builder’s Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the City in an amount equal to greater of Contractor’s compensation or full replacement value of the work (covering at a minimum all work, buildings, materials and equipment, whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or 114 Page 14 of 17 replacement costs, testing and start-up costs) on an all risk coverage basis. This insurance must include waivers of subrogation between the City and Contractor to the extent that damage to the Work or City Hall is covered by other insurance; Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate; Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000 aggregate The amounts of insurance provided shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 26.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. Contractor understands that all contractors or subcontractors working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue. 27.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 115 Page 15 of 17 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 shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 28.Attorney 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.. 29.Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 30.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. 31.Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 32.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 33.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 34.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 35.Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 116 Page 16 of 17 36.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. 37.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 38.Assignment: Contractor maynot assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Work. Contractor may not assign to any third party other than Contractor’s subcontractors on the Work, the right to receive monies due from City without the prior written consent of City. 39.Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 40.Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Work, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 41.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 42.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 117 Page 17 of 17 IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. CITY OF BOZEMAN, MONTANA CONTRACTOR By: _______________________________By: Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney 118 Memorandum REPORT TO:City Commission FROM:Cody Flammond, Engineer II Lance Lehigh, Interim City Engineer Nick Ross, Director of Transportation & Engineering SUBJECT:Authorize the City Manager to Sign a Task Order for Fiscal Year 2023 Groundwater and Perimeter Methane Monitoring at the Story Mill Landfill MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to execute the attached Task Order for fiscal year 2023 Groundwater and Perimeter Methane Monitoring at the Story Mill Landfill. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The purpose of this task order is to continue semi-annual groundwater monitoring and monthly perimeter methane monitoring through June 2023 and to evaluate performance of the remediation systems and their effect on adjacent groundwater quality. The purpose of the semi-annual groundwater monitoring and monthly perimeter methane monitoring activities is to maintain regulatory compliance. The purpose of the evaluation of the remediation systems is to document performance and effectiveness of the Air Sparging and Soil Vapor Extraction systems. This task order also includes installation of soil gas probes along the eastern site boundary. This task order will be implemented under the professional services agreement referenced here: http://weblink.bozeman.net/WebLink8/0/doc/63070/Electronic.aspx. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The cost of this work will be $108,000.00. This work will be paid for with solid waste funds dedicated to this purpose. Attachments: Groundwater and Methane Monitoring TO 2022-2023 Report compiled on: June 30, 2022 119 120 121 122 123 124 125 126 Memorandum REPORT TO:City Commission FROM:Cody Flammond, Engineer II Lance Lehigh, Interim City Engineer Nick Ross, Director of Transportation & Engineering SUBJECT:Authorize the City Manager to Sign a Task Order for Fiscal Year 2023 Remediation Systems Oversight at the Story Mill Landfill MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to execute the attached Task Order for fiscal year 2023 Remediation Systems Oversight at the Story Mill Landfill. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The purpose of this task order is to allow Tetra Tech to continue oversight of operation, monitoring, and maintenance of the remediation systems at the Bozeman Landfill. This task order also includes the construction oversight of three new landfill gas extraction wells, which were identified as a need in the fiscal year 2020 monitoring, design and installation of leachate piping, and evaluation of the unlined cell cover thickness and permeability. This task order will be implemented under the professional services agreement referenced here: http://weblink.bozeman.net/WebLink8/0/doc/63070/Electronic.aspx. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The cost of this work will be $187,000.00. This work will be paid for with solid waste funds dedicated to this purpose. Attachments: Remediation Operation and Maintenance TO 2022-2023 Report compiled on: June 30, 2022 127 128 129 130 131 Memorandum REPORT TO:City Commission FROM:Max Ziegler, Facilities Project Coordinator Mike Gray, Facilities Superintendent Jon Henderson, Director of Strategic Services SUBJECT:Ratify the City Manager's Signature on a Professional Services Agreement with Cushing Terrell for Swim Center Assessment. MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Ratify the City Manager's Signature on a Professional Services Agreement with Cushing Terrell for Swim Center Assessment. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:On November 2, 2021, the citizens of Bozeman approved a bond for the renovation of three recreation facilities, including the Bozeman Swim Center. To inform project planning for the renovation work at the Swim Center a visual structural and seismic assessment was conducted by Morrison Maierle, which identified damage to parts of the wall and roof structure. After receiving the structural assessment report the City took immediate action to ensure the safety of occupants, as well as begin the public procurement process for an Architecture and Engineering firm to design repairs or improvements to the structure to address documented damage and safety concerns. Cushing Terrell and a team including Aquatics Design Group and DCI Engineers was selected based on their response to the published Request For Qualifications. Cushing Terrell will fully assess the natatorium and provide a detailed analysis of all facility systems, and outline short, mid, and long-term solutions for building deficiencies. For the proposed solutions Cushing Terrell will evaluate the construction impacts of the possible solutions, time estimates to complete the work, and rough order of magnitude cost estimation for solutions identified. City staff met with the design team of Cushing Terrell on June 28, 2022 to perform inspections throughout the building to include roof & wall systems, mechanical & electrical systems, in addition to envelope & accessibility 132 concerns. With a focus on life-safety needs, a more thorough investigation of the roof system was initiated on June 29, 2022. Samples and measurements have been taken and sent to a proprietary truss analyst to determine the remaining integrity of each truss. Once the viability of repairs is determined, short, medium, and long range options will be explored. This effort is anticipated to take approximately 4-6 weeks, with an additional 4-6 weeks thereafter to develop biddable documents to advertise to local construction contractors. Understanding the sense of urgency, the team is exploring a range of creative solutions in an effort to expedite the process. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by City Commission. FISCAL EFFECTS:This agreement will incur costs of a lump sum amount of $68,650 plus up to $5,000 for reimbursable expenses plus fees as well as reimbursable expenses related to the proprietary truss analyst yet to be determined. Expenses to be paid from SWMCTR project fund. Attachments: Cushing Terrell Swim Center Submittal.pdf Swim Center - Engineering and Architectural Services - PSA.pdf Report compiled on: June 23, 2022 133 City of Bozeman REQUEST FOR QUALIFICATIONS Swim Center - Engineering and Architecture May 26, 2022 134 1CITY OF BOZEMAN / SWIM CENTER May 26, 2022 Bozeman City Clerk City Hall 121 North Rouse Avenue Bozeman, MT 59715 cushingterrell.com Re: Request For Qualifications | Swim Center – Engineering and Architecture Dear Members of the Selection Committee: The City of Bozeman has developed an inspiring recreation program, empowering and supporting children, families, and community members. Cushing Terrell would be honored to provide professional support as you continue to meet our community’s recreational needs and desires. National Pool Consultant. Cushing Terrell is excited to collaborate with Aquatic Design Group on this effort with a history of successful partnerships. The team at Aquatic has the experience and expertise in pool body design and operations, putting them at the top of their industry. Our combined team brings a depth of local and national experience, qualifications, and professional staff. This allows us to provide the technical and aesthetic applications that will result in a project addressing your health, safety, and welfare concerns and offer an exceptional experience for patrons of the facility. Having a team with this expertise who are familiar with one another only strengthens our ability to deliver you a holistic and integrated design process and results. Integrated and collaborative approach. Cushing Terrell’s strategic team is a fully integrated, multi-disciplinary group of professionals who can fulfill a comprehensive range of architectural services. We have assembled a team that includes the necessary architectural and engineering disciplines, including specialists in aquatic design, structural engineering, landscape architecture, and interior design. Our vision for your project is to provide a safe, functional facility that contains the programmatic requirements for aquatics and fitness using a community-centered process that builds a solid business plan for your facility. The closing of the Bozeman Swim Center is a massive loss to the city and community. In light of the current structural issues, we understand the sense of safety, responsibility, urgency, and care that needs to be taken. We are fully confident in our integrated team’s ability to get this project fast-tracked for renovations and necessary repairs. Cushing Terrell, partnering with DCI Engineers, has helped and assisted many agencies with comprehensive assessments to successfully navigate viable options to remedy, renew, and implement important code upgrades. We also collaborated on renewing the connected and adjacent Bozeman High School and helping the Bozeman community successfully transition into a two high school town with the new Gallatin High. Strategy Matters. Your success is our success, particularly when it comes to being fiscally responsible both in initial construction costs and in long-term operational costs. Our full team of professionals is committed to the success of both Bozeman and this facility. We understand and know how important the appropriate use of resources is with any public project. We live here, play here, and work here, and we know how to reach out to our community and engage them for their input. Our team’s strategic direction and guidance will empower stakeholders and build a team-oriented solution. Cushing Terrell is grateful for this opportunity. We are excited to further the conversation to how we can best help you meet your goals of empowering and supporting the Bozeman community; let’s pioneer something beautiful together! Sincerely, CUSHING TERRELL Corey Johnson, AIA | LEED AP | ALEP Principal-in-Charge | CoreyJohnson@cushingterrell.com 135 2CITY OF BOZEMAN / SWIM CENTER 425+ professionals 70+ LEED, GGP, & WELL professionals 600m annual construction volume 83 years in business 13 office locations 1 client -driven mission By the Numbers About Cushing Terrell Cushing Terrell was founded in Montana in 1938. Cushing Terrell integrates the skills and expertise of more than 20 different technical disciplines into hand-picked teams for any given project. With multiple disciplines working side by side, sharing individual know-how and thriving on the energy inspired by collaboration. High Performance At Cushing Terrell, we pride ourselves on an approach that we have termed High Performance. It is the product of uniting talent, passion and expertise with the company’s mission; developing integrated teams of top notch architects, designers, engineers, interior designers, landscape architects, project managers and visionaries working together. The Experience We recognize and celebrate the many relationships that occur and are maintained throughout the course of creating dynamic environmental spaces. From the initial meeting, to the final reveal of any project, the ever-present interactions between clients, designers and engineering professionals comprise what we commonly refer to as, The Experience. Firm Profile Our Service Sectors ARCHITECTURE BUILDING PERFORMANCE BUILDING SCIENCES CIVIL ENGINEERING COMMISSIONING ELECTRICAL ENGINEERING ENERGY SERVICES FIRE PROTECTION GRAPHIC DESIGN HISTORIC PRESERVATION INTERIOR DESIGN LANDSCAPE ARCHITECTURE LAND SURVEYING MECHANICAL ENGINEERING PLANNING REFRIGERATION ENGINEERING STRUCTURAL ENGINEERING VISUALIZATION 136 3CITY OF BOZEMAN / SWIM CENTER Aquatics Specialist AQUATICDESIGNGROUP.COM Who We Are Since 1984, Aquatic Design Group has worked with clients from around the globe to help bring their dreams to reality. This experience results in quality, efficient design solutions that lead to projects delivered on time and on budget. We have worked on projects of all shapes and sizes in 44 states and 25 countries worldwide. Passion Plain and simple: we love what we do, and we do it well. Our staff of 16 includes a third-generation pool designer; a former distributor of pool equipment and chemicals; an All-American swimmer; a pool contractor with more than 27 years’ of experience building pools; and others that love playing in the water with or without their families. We know what it takes to bring an aquatic facility to reality. Aquatic Design Group is a highly trained group of talented designers, project managers, technicians, and administrative staff, all guided by a passion for aquatic facilities and those who experience them. Aquatic Design Group is focused on swimming pool and water feature architectural, structural, mechanical, and electrical design services within the following market segments: parks and recreation, higher education, high schools, hospitality, health-care, and anything else that might call for an aquatic’s specialist. We specialize in all types of water, including competition, recreation, leisure, therapy, and ornamental and natural water features. Northwest Experience In the last five years, Aquatic Design Group has designed more than 15 projects that are located in the intermountain west. This recent, relevant experience is an invaluable asset to successfully deliver an aquatics project on-time and on-budget for the City of Bozeman. 137 4CITY OF BOZEMAN / SWIM CENTER CUSHING TERRELL / AQUATIC DESIGN GROUP / DCI ENGINEERS Corey Johnson, AIA | LEED AP | ALEP Principal-In-Charge Cushing Terrell City of Bozeman SWIM CENTER ENGINEERING AND ARCHITECTURE Wes Baumgartner, RLA Landscape Architect Cushing Terrell Alex Russell, PE | LEED AP | BD+C Mechanical Engineer Cushing Terrell Ali Vasarella, NCARB | LEED AP Project Architect Cushing Terrell Samantha Fox, PE Structural Engineer DCI Engineers Jeff Morrison, ASID Interior Designer Cushing Terrell Organizational Chart Justin Caron, MBA Aquatics Principal-in-Charge Aquatic Design Group Dennis Berkshire Aquatics Project Principal Aquatic Design Group Greg Ferrell, AIA Aquatics Principal Architect Aquatic Design Group Carl Maehl, PE Electrical Engineer Cushing Terrell 4CITY OF BOZEMAN / SWIM CENTER CUSHING TERRELL / AQUATIC DESIGN GROUP / DCI ENGINEERS Brady Gauer Roofing & Building Envelope Specialist Cushing Terrell 138 5CITY OF BOZEMAN / SWIM CENTER Corey Johnson AIA | LEED AP | ALEP PRINCIPAL-IN-CHARGE Company Experience Ali Vasarella NCARB | LEED AP PROJECT ARCHITECT Professional Registration Architect / ID, MT Affiliations American Institute of Architects (AIA) Accredited Learning Environment Planner Society for College & University Planning (SCUP) LEED AP Leadership in Energy & Environmental Design Education Master of Architecture, Montana State University Bachelor of Architecture, Montana State University Corey Johnson is Cushing Terrell’s Education Design Studio Director, and he has specifically led and managed dozens of education projects. With over 30 years of experience, his passion lies in educational design. His talents and skills have been honed and focused around leadership, strategic planning, sustainable practices, and educational programming, planning and design. Relevant Experience Gallatin High, New High School; Bozeman, MT Bozeman High School, Renovation; Bozeman, MT Montana State University, Center for Computational Biology; Bozeman, MT Montana State University, Renne Library Planning & Upgrades; Bozeman, MT Montana State University Romney; Bozeman, MT Carroll College Fortin Science Center; Helena, MT Flathead Valley Community College; Kalispell, MT Rocky Mountain College, Rimview Hall; Billings, MT Affiliations Belgrade Community Coalition Secretary Belgrade Community Library Foundation Board Member City of Belgrade Zoning Board of Adjustments Board Member Education Bachelor of Environmental Design, Montana State University Masters of Architecture, Montana State University Ali is a thoughtful and detail-oriented Project Architect with a focus on community based architecture. Her diverse background has included K12 and higher education, commercial, adaptive reuse, medical, industrial, warehouse, and medical architecture. Her experience working on public projects has given her knowledge and expertise that allow her to make informed decisions that work. Relevant Experience Bozeman School District Architectural Advisor projects, two 2-year terms, multiple projects at Bozeman High School; Bozeman, MT* Van Winkle Track Remodel, Bozeman, MT* Great Falls High Addition/Renovation; Great Falls, MT* Great Falls HS Auditorium Restoration; Great Falls, MT* Three Forks K12 Addition/Renovation; Three Forks, MT* Ridgeview Elementary Addition/Renovation; Belgrade, MT* Saddle Peak Elementary; Belgrade, MT* Montana State University Jabs Hall; Bozeman, MT* *completed prior to joining Cushing Terrell 139 6CITY OF BOZEMAN / SWIM CENTER Alex Russell PE | LEED AP | BD+C MECHANICAL ENGINEER Professional Registration Engineer / MN, MT, ND, WA, WY Affiliations American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) Green Globes Professional LEED Accredited Profession (LEED AP BD+C) Education Bachelor of Science, Mechanical Engineering, Montana State University Alex’s role will be the primary Mechanical Engineering Design Specialist. Alex recently led the effort to interface the new HVAC system on MSU’s re-purposed Romney Hall with the Geo Energy field in the Romney Oval and the Campus Energy District. Alex is a registered, Professional Engineer with over eight years of experience in designing mechanical systems including HVAC, hydronic, plumbing, and pumping systems. Relevant Experience Montana State University Romney Hall Adaptive Reuse; Bozeman, MT Montana State University, Energy District Design; Bozeman, MT University of Montana, Combined Heat and Power Plant; Missoula, MT Gallatin High School; Bozeman, MT Bozeman High School Addition & Renovation; Bozeman, MT FICO; Bozeman, MT 5 West Mixed Use Building; Bozeman, MT Park High School, Ranger Clinic Renovation; Livingston, MT Valley Commons, Building C; Bozeman, MT Bond Dental Suite; Bozeman, MT Samantha Fox PE STRUCTURAL ENGINEER Samantha Fox has contributed to a variety of projects, specializing in the assessment and renovation of existing and historic structures, as well as heavy timber and log design. She is part of the Yellowstone National Park team and works to help restore the park’s historic structures. Samantha also provides full-service project management and construction support for a diverse range of other project types, such as K-12 schools, higher education structures, commercial and residential renovation, and adaptive reuse projects. Relevant Experience Bozeman High School Renovation & Addition; Bozeman, MT East Middle School Renovation & Addition, Butte, MT Kennedy Elementary School, Butte, MT Butte K-8 Schools, Butte, MT Heritage Christian School Renovation, Bozeman, MT Bozeman Public Schools Structural Engineering Consultant 2013-2016 & 2018 2020; Bozeman, MT Central Elementary School Assessment; Helena, MT Montana State University, New Wellness Center; Bozeman, MT University Of Providence Great Falls Master Planning; Great Falls, MT Professional Registration Engineer/ MT, WA, ID Affiliations Structural Engineers Association of Montana (SEAMT) National Council of Structural Engineers Association (NCSEA; Young Member Group Support Committee Education Master of Science in Civil Engineering- Structural Emphasis, Montana State University Bachelor of Arts in Physics, Gustavus Adolphus College 140 7CITY OF BOZEMAN / SWIM CENTER Carl Maehl PE | LEED AP ELECTRICAL ENGINEER Wes Baumgartner RLA LANDSCAPE ARCHITECT Carl has 21 years of experience with Cushing Terrell and over 30 years of experience in preparation of construction documents and project management for both new and renovation projects. Types of projects include healthcare, educational, government, commercial and industrial buildings, institutional facilities, and retail. He has an in-depth experience in the field of electrical distribution, lighting, and telecommunications. Relevant Experience Gallatin High School; Bozeman, MT Bozeman High School Addition and Renovation; Bozeman, MT Glacier High School; Kalispell, MT West Valley Schools, New Middle School; Kalispell, MT Bigfork High School; Bigfork, MT Bryant Elementary School, Programming; Helena, MT Flathead High School; Kalispell, MT Flathead Valley Community College; Kalispell, MT Border Patrol Station Remodel; Bellingham, WA Border Patrol Station Remodel; Port Angeles, WA USGS Data Center; Reston, VA Professional Registration Landscape Architect / MT Affiliations EDSA, Fort Lauderdale, FL Jack Johnson Company, Park City Utah Education Bachelor of Landscape Architecture and Environmental Planning, Utah State University Morris Traveling Fellowship Field Study /Landscape Architecture, Malaysia / South Africa Wes’s role will be the primary landscape architect. Wes has 25 years of experience and has completed site and land use planning for many campus environments across Montana, including the design of key outdoor spaces at MSU. Wes has worked on large and small-scale projects, emphasizing innovative master plans and site layouts. Relevant Experience Montana State University, Master Plan; Bozeman, MT Montana State University, Alumni Plaza; Bozeman, MT Montana State University, Romney Oval; Bozeman, MT Montana State University, Student Memorial; Bozeman, MT College of Southern Idaho; Health and Sciences, Twin Falls, ID Flathead Valley Community College Student Living Center; Kalispell, MT Gallatin Gateway School District, Prebond Planning & Design; Gallatin Gateway, MT Gallatin High School; Bozeman, MT Bozeman High School Renovation; Bozeman, MT Flathead High School; Kalispell, MT Professional Registration Engineer / ID, LA, MD, MT, WA Affiliations National Council of Examiners for Engineering and Surveying (NCEES) LEED Accredited Professional Green Globes Professional Education Bachelor of Science in Electrical and Electronic Engineering, Montana State University Associate of Science, North Idaho College 141 8CITY OF BOZEMAN / SWIM CENTER INTERIOR DESIGNER Jeff is a Senior Interior Designer/Project Manager with 25 years experience. Jeff has worked on a broad range of projects including Corporate, Fitness, Education, Banking, Medical, and Hospitality. It is important to Jeff to capture his client’s vision, using materials and finishes that meet the project’s design and budgetary needs. Jeff is committed to listening carefully to the client to create the desired interior that embraces the company’s culture. Relevant Experience Blackfeet Community College, Student Housing; Browning, MT Sanostee Day School; Sanostee, NM Dennehotsu School, New Elementary School; Dennehotsu, AZ Kaibeto Boarding School; Kaibeto, AZ St. Labre Indian School, Student Housing; Ashland, MT Bozeman Schools PreBond Planning, New & Renewed High Schools; Bozeman, MT Belgrade High School, Addition & Renovation; Belgrade, MT Montana State University, Romney Gym; Bozeman, MT Worland School District, New Middle School; Worland, WY Affiliations ASID NCIDQ Montana Home Builders Association Education BYU Idaho (Formerly Ricks College) Foundation for Interior Design, Education and Research (FIDER) Jeff Morrison ASID Brady Gauer MBA ROOFING & BUILDING ENVELOPE SPECIALIST Brady has been involved in the professional roofing and building envelope industry for over 12 years. Brady has leaned heavily on his background in the commercial roofing industry to expand his knowledge base beyond roofing to include all aspects of a building’s exterior envelope system. He works closely with the other engineers and architects at Cushing Terrell to ensure our building’s exterior wall cladding systems, sub grade waterproofing and damp proofing systems, thermal insulation systems and air barrier/vapor barrier systems are appropriately incorporated into Cushing Terrell’s standard of building design. Relevant Experience Billings Clinic - Bozeman Ambulatory Destination Center, Stillwater Clinic Patient Wing Expansion, Billings Dialysis Clinic, Cath Lab; Billings, MT Holy Rosary Healthcare - roof replacement project, exterior wall and foundation repair; Miles City, MT St. Vincent Healthcare - ICU Expansion, Heights Clinic Expansion, Neuroscience Remodel, Boiler Plant Upgrade; Billings, MT Bozeman Health - ICU Tower Addition and New Entry; Bozeman, MT Washakie Medical Center; Worland, WY Caribou Memorial Hospital; Soda Springs, ID Mineral Community Hospital; Superior, MT Affiliations Engineer-In-Training; State of Montana Western States Roofing Contractors Association BCxA - Building Commissioning Association, Northwest Chapter Montana Roofing Association, Vice President - 2015 Montana DEQ, Certified Asbestos Inspector Education Bachelor of Science in Construction Engineering Technology, Montana State University 142 9CITY OF BOZEMAN / SWIM CENTER Justin Caron MBA AQUATICS PRINCIPAL-IN-CHARGE Justin has spent much of his life in and around pools. He was a six-time All American and two-time captain for Auburn University’s swim team, which won four SEC titles and one national championship title while he was there. His unique combination of passion for swimming and technical knowledge enables him to relate to all members during the design process. Justin is responsible for project management, programming, planning, business development, and communication between the Client, other design professionals, and Aquatic Design Group. Relevant Experience Riverside Hotel – Pool and Fitness; Garden City, ID 40th & Blake On-Structure Pool and Spa; Denver, CO Adams State University Plachy Pool Upgrades; Alamosa, CO Obregon Park Pool; Los Angeles, CA Aria Resort Casino and Spa; Las Vegas, NV Broadway Park Pool and Spa-Parcel C, Denver, CO Broomfield Community Center Aquatic Facility; Broomfield, CO Challenger Rec Center Expansion; Parker, CO University of Oregon Student Recreation Center Expansion; Eugene, OR Affiliations California Parks & Recreation Society Certified Aquatic Facility Operator (AFO) College Swimming Coaches Association National Recreation & Park Association USA Swimming World Waterpark Association Innovation & Technology Committee Education Capella University- Minneapolis, Minnesota – Masters of Business Administration (2009) Auburn University- Auburn, Alabama – Bachelor of Arts, Communications, Psychology (2003) AQUATICDESIGNGROUP.COM Dennis Berkshire RLA AQUATICS PROJECT PRINCIPAL Affiliations Association of Pool & Spa Professionals, Board Member American Water Works Association California Parks & Recreation Society International Association of Amusement Parks & Attractions National Parks & Recreation Association World Waterpark Association Education San Jose State University - San Jose, California - 1981-1984, Business Administration Delta State University- Cleveland, Mississippi - 1980-1981, General Studies Dennis has over 40 years of experience in the aquatics industry, with national field experience in swimming pool design, construction and operation, and training. He has a strong background in water chemistry and has been involved in designing automated filtration, chemical feed, and water chemistry control equipment. As an expert on swimming pool operation, he has worked with several states on swimming pool environmental health codes. Relevant Experience Antelope Aquatics Complex; Antelope, CA Balboa Park Pool Renovation; San Francisco, CA Charter Swim Complex Olympic Time Trail Pool; Long Beach, CA Conroe I.S.D. Natatorium; Shenandoah, TX Euless Family Life Indoor Aquatic Center; Euless, TX Garvey Park Splash Zone Replacement; Rosemead, CA Georgia Institute of Technology Aquatic Center Renovation; Atlanta, GA Hamilton Pool Renovation; Novato, CA AQUATICDESIGNGROUP.COM 143 10CITY OF BOZEMAN / SWIM CENTER Greg Ferrell AIA AQUATICS PRINCIPAL ARCHITECT Greg Ferrell is a registered architect with more than 350 completed aquatic projects in his professional career. His experience consists of programming, master planning, concept design, and construction document drawings for resorts, waterparks, municipal recreation, high school competition, leisure aquatic facilities, and water features. In addition, Greg has extensive experience with understanding the complexities associated with large-scale resort projects. As the Aquatics Project Principal, Greg is responsible for producing and executing the overall design process, from concept to completion. Relevant Experience Apple Campus Aquatics; Cupertino, CA City Park Pool Improvements; Fort Collins, CO Edora Pool and Ice Center (EPIC) Repair; Fort Collins, CO Hilton Grand Vacation Resort Pools and Spa; Myrtle Beach, SC LEGOLAND Waterpark Expansion; Carlsbad, CA Oceanside Beachfront Resort, North and South Blocks; Oceanside, CA University of Colorado Boulder Student Recreation Center Expansion; Boulder, CO University of Colorado Denver Student Recreation Center; Denver, CO Professional Registration Architect / MT, CA, NC, TX, WA Affiliations American Institute of Architects NCARB Education Bachelor of Science, Civil Engineering, Psychology, Brigham Young University Bachelor of Architecture, New School of Architecture and Design AQUATICDESIGNGROUP.COM 144 11CITY OF BOZEMAN / SWIM CENTER CUSHING TERRELL / AQUATIC DESIGN GROUP / DCI ENGINEERS Rose Park Pool BILLINGS, MT Relevant Experience Days before the Billings Parks and Recreation Department started registering kids for swimming lessons and summer camps, an arson fire heavily damaged the Rose Park pool building. The fire burned plumbing, wires, and roofing, causing damage estimated at $300,000. Together with Counsilman-Hunsaker, we worked closely with pool and park staff to re-imagine an operations building for Rose Pool that achieved two goals; provide the best user experience with the resources given, and reduce operations cost. The final result is a facility called “Of Billings,” using familiar materials in a timeless way that transcends trends and gimmicks. The facility opens up the pool deck, increases shade, and provides amenities that were once not possible (all while addressing operations, staffing, training needs within the facility, and using resilient materials to reduce maintenance costs). Client Reference: Mark Jarvis, Park Planner City of Billings, MT Parks Department jarvism@ci.billings.mt.us 406.657.8367 Construction Cost: $1,800,000 145 12CITY OF BOZEMAN / SWIM CENTER CUSHING TERRELL / AQUATIC DESIGN GROUP / DCI ENGINEERS Cushing Terrell collaborated with Aquatic Design Group to design an indoor pool, fitness, and spa addition to the Riverside Hotel. As the largest hotel within the Treasure Valley, the Riverside is going through significant modernizations to provide year-round, all-season use. The addition will offer an indoor pool area that will give guests an all-season recreation option and provide an enclosed alternative to the summer outdoor pool area. The existing fitness area and guest laundry will also be relocated to the new addition making those functions more accessible for guests. The primary goal of the indoor pool addition placement is to improve the Chinden Boulevard façade and street presence dramatically. The basic design idea is to create an elegant façade of masonry planes and large windows of varying height. These planes will be textured and subtly up- lit with soft dramatic lighting, creating a resort-like effect. Additionally, a decorative screen wall uses the same design scheme to block views of the existing hotel service delivery and loading areas. Riverside Hotel – Pool and Fitness GARDEN CITY, ID AQUATICDESIGNGROUP.COM Client Reference: David Johnson Riverside Hospitality LLC (208) 371-9107 david@davidljohnson.net Construction Cost: $3.3M 146 13CITY OF BOZEMAN / SWIM CENTER CUSHING TERRELL / AQUATIC DESIGN GROUP / DCI ENGINEERS Aquatic Design Group is currently working with Montana State University to repair the 2019 roof collapse of their existing gym. The scope of work involves program verification, followed by design and engineering services for: one (1) body of multi-purpose water including four (4) lap lanes, an open recreation area, and moving water (vortex or jets for kayaking area). Montana State University Gymnasium Rebuild BOZEMAN, MT AQUATICDESIGNGROUP.COM Client Reference: Mr. Jack Patton RDG Planning & Design (515) 288-3141 jpatton@rdgusa.com Construction Cost: TBD 147 14CITY OF BOZEMAN / SWIM CENTER CUSHING TERRELL / AQUATIC DESIGN GROUP / DCI ENGINEERS Aquatic Design Group provided programming, planning, construction documents and construction observation as required for two indoor swimming pools within a new community recreation center in Johnstown, Colorado. The aquatics scope consisted of an indoor 6-lane x 25-yard lap pool, a new indoor leisure pool with two lap lanes, a small beach entry with wet play toys, a current channel, and a hydrotherapy spa. Also, additional services added an Outdoor Wet Play Area with 16 water features. This project received the 2020 ENR Mountain States Best Projects Award and is a very popular destination within the community. Johnstown Community YMCA JOHNSTOWN, CO AQUATICDESIGNGROUP.COM Client Reference: Mr. Chris Kastelic Perkins + Will (303) 308-0200 chris.kastelic@perkinswill.com Construction Cost: $22,500,000 (total project cost) 148 15CITY OF BOZEMAN / SWIM CENTER CUSHING TERRELL / AQUATIC DESIGN GROUP / DCI ENGINEERS Aquatic Design Group provided programming, planning, design and engineering services as needed for the aquatics expansion that includes three separate bodies of water: a lap pool, an activity pool, and hydrotherapy spa. The activity pool features a dry space that includes a fire pit and seating adjacent to the water, water basketball and volleyball, lap swimming, and beach entry. North Dakota State University Wallman Wellness Center Aquatics Center Addition FARGO, ND AQUATICDESIGNGROUP.COM Client Reference: Mr. Ryan MacMaster NDSU (701) 231-5216 ryan.macmaster@ndsu.edu Construction Cost: $11,000,000 (total project cost) 149 16CITY OF BOZEMAN / SWIM CENTER CUSHING TERRELL / AQUATIC DESIGN GROUP / DCI ENGINEERS Aquatic Design Group provided design and engineering services to develop a new community aquatic center in Merriam, Kansas. The aquatics scope of the project included a new indoor 2,800 SF leisure + lap pool (4-lane x 25-yards) with lazy river and slide, a small indoor therapy pool, a large outdoor leisure pool with beach entry and water play features, and an outdoor 8-lane x 25-meter lap pool, including pool decks and drainage as part of a new 66,000 SF rec center on 7 acres. The indoor activity pool features an air activated “rapid simulator” depth charge bubbler on the lazy river. Mechanical features of note include a compressor for the depth charge bubbler, hi-rate sand filters with heat exchangers, and PPG chemical feed system. Merriam Community Center MERRIAM, KANSAS AQUATICDESIGNGROUP.COM Client Reference: Ms. Anna Slocum City of Merriam (913) 322-5556 annas@merriam.org Construction Cost: $30,000,000 (total project cost) 150 17CITY OF BOZEMAN / SWIM CENTER CUSHING TERRELL / AQUATIC DESIGN GROUP / DCI ENGINEERS Aquatic Design Group provided programming, planning, and schematic design documents to renovate an indoor 25-meter x 8-lane swimming pool and an indoor 25-yard x 45’ diving well. This project also included a complete replacement of the mechanical and chemical systems and the addition of a new 3,500 sq. ft. outdoor recreation/leisure pool. University of Colorado Student Recreation Center BOULDER, CO AQUATICDESIGNGROUP.COM Client Reference: Ms. Barb Bogner CU Boulder (303) 492-0473 barbara.bogner@colorado.edu Construction Cost: $1,950,000 (aquatics) 151 18CITY OF BOZEMAN / SWIM CENTER CUSHING TERRELL / AQUATIC DESIGN GROUP / DCI ENGINEERS Workload and Capacity Cushing Terrell, DCI Engineers, and Aquatic Design Group understand the staffing requirements needed to fulfill your project. The following represents the average participation for each of the key team members over the project’s duration. As specific project phases progress, the specific time will be closely planned and monitored to best serve the City of Bozeman and the needs of this project. Workload Corey Johnson Principal-in-Charge Ali Vasarella Project Architect Alex Russell Mechanical Engineer Carl Maehl Electrical Engineer Samantha Fox Structural Engineer Wes Baumgartner Landscape Architect Jeff Morrison Interior Designer Brady Gauer Roofing & Building Envelope Specialist Justin Caron Aquatics Principal-In-Charge Dennis Berkshire Aquatics Project Principal Greg Ferrell Aquatics Principal Architect 10% 25% 50% 50% 45% 25% 25% 45% 50% 25% 30% 152 19CITY OF BOZEMAN / SWIM CENTER CUSHING TERRELL / AQUATIC DESIGN GROUP / DCI ENGINEERS Claims Cushing Terrell has not been assessed or paid liquidated damages after completion of a project under a contract with a public owner within the last ten years. References & Claims Recommendations Cushing Terrell City of Billings | Rose Park Pool Mike Whitaker Parks & Recreation Director 406.657.8369 whitakerm@ci.billings.mt.us Aquatic Design Group Hayward Area Recreation & Park District Mr. Jim Wheeler Hayward Area Recreation & Park District, Recreation, Arts and Community Service Director 1099 E Street | Hayward, CA 94541 510.881.6704 james.wheeler@haywardrec.org City of North Richland Hills, Texas Mr. Joe Pack City of North Richland Hills, Senior Park Planner 4301 City Point Drive, Third Floor | North Richland Hills, TX 76180 817.427.6000 jpack@nrhtx.com City of Walnut, California Ms. Mary Rooney City of Walnut, Director of Community Services 21701 E. Valley Blvd. | Walnut, CA 91789-2018 909.598.5605 mrooney@ci.walnut.ca.us Riverside Hospitality LLC David Johnson (208) 371-9107 david@davidljohnson.net 153 20CITY OF BOZEMAN / SWIM CENTER We Love the City of Bozeman We’re “all-in” for investing in the Bozeman Community. Our proposed team is primarily comprised of our Montana design experts, with the majority of our team residing in our local Bozeman office. This project will be driven almost completely by your rural community and district’s vision, values, and program and the site itself, with our team of architects and aquatic specialists acting as guides and interpreters. Our Partnership with Bozeman School District Cushing Terrell worked with Bozeman Public Schools to help their school district plan and pass a $125M bond to build a second high school and renovate the existing high school. A school district and community that is successfully transforming from a one-high school town, into two. Parity and equity, communication, collaboration, and public input and feedback has been a key part of this transparent process. Planning and support was instrumental in developing a strategic solution and community outreach program that resulted in a passed bond for Bozeman School District (BSD). As a close partner of BSD, and through constant and effective engagement with the community, our team has provided programming, educational specifications, and a design for a new 1,500 student, 300,000 sq. ft. high school facility and campus, and significant renewal renovation and addition of the existing 1,500 student Bozeman High School. Both high schools were designed to achieve Collaboration for High Performing Schools (CHPS) certification. Bozeman Public Schools Project HAWTHORNE ELEMENTARY RENOVATION & MASTER PLAN GENERAL ELECTRICAL SERVICES NEW HIGH SCHOOL RENOVATION OF EXISTING HIGH SCHOOL Why Cushing Terrell? We have talked about our past experience and shown you our portfolio, but in the end, it all comes down to passion... We are passionate about teaming with a national pool consultant to create an integrative and collaborative approach. We are passionate about the Montana communities we serve. We are passionate about client service and our highest goals, and our greatest accomplishments are our long-lasting client relationships that are built upon trust. 154 cushingterrell.com 155 Professional Services Agreement – Engineering FY2022-2023 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2022 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Cushing Terrell with a mailing address of 411 E. Main St. #101, Bozeman, MT 59715, hereinafter referred to as “Consultant.” The City and Consultant 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 Consultant to perform for City services described in the Scope of Services attached hereto as “Exhibit A” and by this reference made a part hereof for the Project: Swim Center Engineering & Architectural Services 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate upon satisfactory completion of the agreed Scope of Services, which may be amended from time to time by the mutual agreement of the Parties pursuant to terms of this agreement, as determined by the City. 3. Scope of Services: Consultant 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. Consultant may, at its own risk, use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, Sub- consultants, manufacturers, suppliers, and publishers of technical standards. 4. Payment for Scope of Services: City agrees to pay Consultant for the completion of the Scope of Services a lump sum amount of $68,650 plus $5,000 for reimbursable expenses plus fees and reimbursable expenses related to the proprietary truss analyst yet to be determined. 5. Additional Services: If the City requests Consultant to perform any Additional Services not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and DocuSign Envelope ID: 8E764CF0-E741-43CE-B7D0-A2B2DBFEA8E2 17th June 156 Professional Services Agreement – Engineering FY2022-2023 Page 2 of 11 the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to complete the Additional Services requested. The City and Consultant shall mutually agree upon a basis of payment for the Additional Services requested prior to the Consultant proceeding with such Additional Services. 6. Times of Payments: The Consultant may submit monthly statements for the Scope of Services and approved Additional Services rendered and for Reimbursable Expenses incurred. The statements shall be based upon Consultant’s estimate of the proportion of the total Scope of Services actually completed for each task at the time of billing. 7. Meaning of Terms: a. Additional Services: Additional Services means services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by the City where changes are due to causes beyond the Consultant’s control. Additional Services can also mean providing other services not otherwise provided for in the Agreement that are substantially similar to and generally consistent with the nature of services contained in the Scope of Services. b. Agreement: As used herein the term “this Agreement” refers to the contents of this document and its Attachments and Exhibits attached hereto and referred to as if they were part of one and the same document. c. Direct Labor Costs: Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all of the Consultant’s personnel engaged directly on the Scope of Services but does not included indirect payroll related costs or fringe benefits. d. Reimbursable Expenses: Reimbursable expenses mean the actual expenses incurred by the Consultant or its Sub-consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized technology or software subscription charges; reproduction of reports, technical memoranda, drawings, renderings and similar Project-related items. e. Sub-consultants: Sub-consultants means any independent professional associates working on the Project that are not directly employed by the Consultant and have rather been hired by the Consultant to serve a particular role or offer a particular service for the Project. 8. Consultant’s Representations: To induce City to enter into this Agreement, Consultant makes the following representations: a. Consultant 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, DocuSign Envelope ID: 8E764CF0-E741-43CE-B7D0-A2B2DBFEA8E2 157 Professional Services Agreement – Engineering FY2022-2023 Page 3 of 11 rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Consultant 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. 9. Independent Contractor Status/Labor Relations: The parties agree that Consultant is an independent Contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Consultant 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. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties. Consultant 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. Consultant shall maintain workers’ compensation coverage for all members and employees of Consultant’s business, except for those members who are exempted by law. 10. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Consultant 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 Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of the Consultant’s agents. For the professional services rendered, to the fullest extent permitted by law, Consultant agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, DocuSign Envelope ID: 8E764CF0-E741-43CE-B7D0-A2B2DBFEA8E2 158 Professional Services Agreement – Engineering FY2022-2023 Page 4 of 11 and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Consultant or Consultant’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 which would otherwise exist as to such indemnitee(s). Consultant’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 Consultant to assert its right to defense or indemnification under this Agreement or under the Consultant’s applicable insurance policies required below the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Consultant 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 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. Consultant 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, Consultant shall at Consultant’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 Consultant in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Consultant 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. Consultant shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; DocuSign Envelope ID: 8E764CF0-E741-43CE-B7D0-A2B2DBFEA8E2 159 Professional Services Agreement – Engineering FY2022-2023 Page 5 of 11 • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Consultant commencing work. Consultant shall notify City within two (2) business days of Consultant’s receipt of notice that any required insurance coverage will be terminated or Consultant’s decision to terminate any required insurance coverage for any reason. 11. Termination for Consultant’s Fault: a. If Consultant 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 Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to Consultant’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 11, Consultant shall be entitled to payment only for those services Consultant actually rendered. c. Any termination provided for by this Section 11 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 11, Consultant 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. 12. 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 Consultant (“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 Consultant. DocuSign Envelope ID: 8E764CF0-E741-43CE-B7D0-A2B2DBFEA8E2 160 Professional Services Agreement – Engineering FY2022-2023 Page 6 of 11 b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Consultant 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. Consultant 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 12, Consultant is entitled to payment only for those services Consultant actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 12(c) is the sole compensation due to Consultant for its performance of this Agreement. Consultant 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. 13. Limitation on Consultant’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Consultant under this Agreement, Consultant’s damages shall be limited to contract damages and Consultant 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 Consultant wants to assert a claim for damages of any kind or nature, Consultant 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 Consultant becoming aware of the facts and circumstances giving rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all rights to assert such claim. 14. 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 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, Consultant 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. DocuSign Envelope ID: 8E764CF0-E741-43CE-B7D0-A2B2DBFEA8E2 161 Professional Services Agreement – Engineering FY2022-2023 Page 7 of 11 b. Consultant’s Representative: The Consultant’s Representative for the purpose of this Agreement shall be Ali Vasarella, Project Architect or such other individual as Consultant shall designate in writing. Whenever direction to or communication with Consultant is required by this Agreement, such direction or communication shall be directed to Consultant’s Representative; provided, however, that in exigent circumstances when Consultant’s Representative is not available, City may direct its direction or communication to other designated Consultant 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. 15. Permits: Consultant 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. 16. Laws and Regulations: Consultant 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. 17. Nondiscrimination and Equal Pay: The Consultant agrees that all hiring by Consultant of persons performing this Agreement shall be on the basis of merit and qualifications. The Consultant will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Consultant 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 Consultant 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. DocuSign Envelope ID: 8E764CF0-E741-43CE-B7D0-A2B2DBFEA8E2 162 Professional Services Agreement – Engineering FY2022-2023 Page 8 of 11 Consultant 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). Consultant must report to the City any violations of the Montana Equal Pay Act that Consultant has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Consultant shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 18. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant 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. Consultant 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 Consultant shall be obligated to furnish such proof. The Consultant shall be responsible for instructing and training the Consultant's employees and agents in proper and specified work methods and procedures. The Consultant shall provide continuous inspection and supervision of the work performed. The Consultant is responsible for instructing its employees and agents in safe work practices. 19. Modification and Assignability: This Agreement may not be enlarged, modified, amended or altered except by written agreement signed by both parties hereto. The Consultant may not subcontract or assign Consultant’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any Sub-consultant or assignee will be bound by all of the terms and conditions of this Agreement. 20. Reports/Accountability/Public Information: Consultant agrees to develop and/or provide documentation as requested by the City demonstrating Consultant’s compliance with the requirements of this Agreement. Consultant 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 Consultant pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Consultant shall not issue any statements, releases or information for public dissemination without prior approval of the City. 21. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term DocuSign Envelope ID: 8E764CF0-E741-43CE-B7D0-A2B2DBFEA8E2 163 Professional Services Agreement – Engineering FY2022-2023 Page 9 of 11 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 23. Taxes: Consultant is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 24. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 25. Survival: Consultant’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 26. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 27. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 28. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 29. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 30. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. DocuSign Envelope ID: 8E764CF0-E741-43CE-B7D0-A2B2DBFEA8E2 164 Professional Services Agreement – Engineering FY2022-2023 Page 10 of 11 31. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 32. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 33. Standard of Care: In providing services under this Agreement, Consultant will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the Consultant shall, at the City’s request, re- perform the service at its own expense. Consultant shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law 34. Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all monies due Consultant under this Agreement, Consultant’s work products produced under this Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or modification of the work products will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants. 35. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: 8E764CF0-E741-43CE-B7D0-A2B2DBFEA8E2 165 Professional Services Agreement – Engineering FY2022-2023 Page 11 of 11 In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA CONSULTANT BY: BY: Jeff Mihelich, City Manager (insert title of signatory) DATE: DATE: ATTEST: BY: Mike Maas, City Clerk APPROVED AS TO FORM: BY: Greg Sullivan, City Attorney DocuSign Envelope ID: 8E764CF0-E741-43CE-B7D0-A2B2DBFEA8E2 6/21/2022 Cushing Terrell Education Design Studio Director 6/21/2022 166 Exhibit ADocuSign Envelope ID: 8E764CF0-E741-43CE-B7D0-A2B2DBFEA8E2 167 cushingterrell.com 2 Proposal for Bozeman Swim Center Building Assessment SCOPE OF PROJECT The City of Bozeman is seeking professional design services for a Building Assessment & ROM Cost Analysis of various assessment solutions at their Bozeman Swim Center building located in Bozeman, Montana. SCOPE OF SERVICES Cushing Terrell will manage this project from our Bozeman office. Our professional team will be led by the following key team members: • Principal-in-Charge: Corey Johnson, Cushing Terrell • Project Architect: Ali Vasarella, Cushing Terrell • Structural Engineer: Sam Fox, DCI Engineers • Pool Specialist: Justin Caron, Aquatic Design Group • Mechanical Engineer: Alex Russell, Cushing Terrell • Electrical Engineer: Carl Maehl, Cushing Terrell • Envelope Specialist: Brady Gauer, Cushing Terrell Cushing Terrell’s professional service offerings for Track 1 will include a detailed Facility Assessment Services as described below. Facility Assessment Services Services for this Building Assessment consist of detailed analysis of existing structural, pool, envelope, mechanical, electrical, and plumbing systems. Cushing Terrell will provide the following: Track 1 Scope First Week: • Pre-Assessment huddle with City Pool Management, Facilities, and Maintenance staff – to provide any known deficiencies immediately preceding site visit. • Building walkthrough and exploration to review existing building systems, identify deferred maintenance items, and life safety issues. The visit may include some investigative demolition to provide access and existing conditions information, including roof and wall cores. The assessment will include site review by each of the disciplines listed below: o Structural o Pool Systems o Pool envelope, surface, and fittings DocuSign Envelope ID: 8E764CF0-E741-43CE-B7D0-A2B2DBFEA8E2 168 cushingterrell.com 3 o Architectural and building envelope o Mechanical and Plumbing o Electrical & Fire Alarm o Fire Protection o Rough analysis of existing building program • A third-party proprietary truss analyst will need access to the site to review proprietary structural items. This visit will be coordinated with City staff beforehand and may be able to take place during the full design team site visit. 4-6 Weeks: • The deliverable will be a report including the following: o A summary of assessment findings for each of the systems. o A detailed analysis for each of the systems including description of findings, scale of impact/severity of each item, images, locations, interpretation, and possible relationships to other systems. o Descriptions of short-, mid-, and long-term solutions for major deficiencies. o Construction impacts of solutions. o Time estimates to complete the solutions. o Preliminary rough order magnitude (ROM) costs of solutions identified. o Pros/Cons of solutions. • One meeting to review Building Assessment Summary with City Staff for Q&A. This will be a combined in- person and virtual/online meeting. Track 2 Scope: • Scope, Schedule, Fee, and Anticipated Reimbursable expenses to be defined at end of Track 1. This will be addended to the original contract at that time. Additional Services for consideration: Cushing Terrell offers other services that have not been included in the scope of services for this project but may benefit the overall success of the project. Construction Administration Services or other additional services can be provided at the Owner’s request and addended to the original contract as additional services as needed. Including but not limited to the following: • Master Planning • Full building performance analyses • Building and pool re-programming • Design phases and construction documents • Construction administration DocuSign Envelope ID: 8E764CF0-E741-43CE-B7D0-A2B2DBFEA8E2 169 cushingterrell.com 4 Assumptions This proposal is based upon Cushing Terrell’s understanding of the following assumptions: • Owner will provide building access, existing drawings, and previously completed building reports to aid in the assessment. • Owner to provide any known building or system deficiencies. • The pools will be drained, and scaffolding will be provided by and moved by City staff as needed for safe access to roof/ceiling/truss for the assessment(s). • This assessment will be independent of the FCA being provided by CannonDesign. COMPENSATION PROPOSAL Facility Assessment Services Total for Building Assessment and Report (breakdown below) $68,650 CT Arch Fee $12,575 Third Party Truss Analyst not included at this time CT Mech/Plumb Fee $13,100 CT Elec Fee $10,875 CT Envelope Fee $8,800 DCI Structural Fee $14,800 Aquatic Design Group Fee $8,500 Estimated Reimbursable Expenses – see below. $5,000 The anticipated reimbursable expenses illustrates estimated fees based on the scope described under the project description. These fees are subject to change if the scope of the project changes. ANTICIPATED REIMBURSABLE EXPENSES Reimbursable expenses are estimated at $5,000. Reimbursable expenses include travel (airfare, auto rental, mileage/fuel, lodging, and meals), printing, copying, legal fees and postage. Legal fees incurred as a result of using Owner-provided agreements will be billed as a reimbursable expense to the project. DocuSign Envelope ID: 8E764CF0-E741-43CE-B7D0-A2B2DBFEA8E2 170 cushingterrell.com 5 PROJECT SCHEDULE The proposed Track 1 project schedule/timeline is to start upon execution of contract with 4-6 weeks anticipated to complete work. Track 2 scope, fee, schedule and anticipated reimbursable expenses will be defined after completion of Track 2. This proposal is based upon prompt Owner review of and response to the submittals as shown above. The Owner acknowledges that Owner-generated changes in the schedule of the project may result in modifications of the associated professional fees. This proposal is valid for 30 (thirty) days from date of issue. DocuSign Envelope ID: 8E764CF0-E741-43CE-B7D0-A2B2DBFEA8E2 171 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer Nick Ross, Transportation and Engineering Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement for the 2022 Capital Improvement Projects Field Survey MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with Sanderson Stewart to provide field survey work for the City STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Field surveying services include the following: Bogert Place from East Story Street to South Church Avenue, West Story Street from South 8th Avenue to South 4th Avenue, and South Black Avenue from East Babcock Street to East Story Street. The purpose of these surveys is to facilitate design of local street reconstructions, water and sewer renovations, and other Capital Improvements Projects in alignment with the City's capital improvements plan. Additional Streets will be added to the scope of services by amendment as needed. Request for proposals were received from four local surveying firms to provide field surveying services for our upcoming capital improvement projects. A selection committee of five city staff selected Sanderson Stewart as the most qualified firm to perform the work. The proposed contract would be in place until June 30th of 2025 with the option to extend for two additional years. UNRESOLVED ISSUES:None ALTERNATIVES:Disapprove FISCAL EFFECTS:The cost of these services total $43,450 and will be paid for with approved funding from the Street, Water, and Sewer Funds Attachments: PSA 2022 CIP Survey.docx Scope of Work 2022 CIP Survey.pdf Report compiled on: June 24, 2022 172 173 Version 8 30 21 Professional Services Agreement for [Capital Improvement Projects Field Survey] 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, Sanderson Stewart, 106 E Babcock St, Suite L1, Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2.Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the __30_ day of ___June_, 2025, 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, 174 Version 8 30 21 Professional Services Agreement for [Capital Improvement Projects Field Survey] 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 175 Version 8 30 21 Professional Services Agreement for [Capital Improvement Projects Field Survey] Page 3 of 11 Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent 176 Version 8 30 21 Professional Services Agreement for [Capital Improvement Projects Field Survey] Page 4 of 11 jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractorshall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements 177 Version 8 30 21 Professional Services Agreement for [Capital Improvement Projects Field Survey] 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. 178 Version 8 30 21 Professional Services Agreement for [Capital Improvement Projects Field Survey] Page 6 of 11 b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be ___Kellen Gamradt____ or such other individual as City shall designate 179 Version 8 30 21 Professional Services Agreement for [Capital Improvement Projects Field Survey] Page 7 of 11 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 ___Danielle Scharf, PE___ 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. 180 Version 8 30 21 Professional Services Agreement for [Capital Improvement Projects Field Survey] 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 181 Version 8 30 21 Professional Services Agreement for [Capital Improvement Projects Field Survey] 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 182 Version 8 30 21 Professional Services Agreement for [Capital Improvement Projects Field Survey] 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 183 Version 8 30 21 Professional Services Agreement for [Capital Improvement Projects Field Survey] Page 11 of 11 of two years by written agreement of the Parties. In no case, however, may this Agreement run longer than ____06/30/2027____. **** 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 ___Sanderson Stewart__________________ CONTRACTOR (Type Name Above) By________________________________By__________________________________ Jeff Mihelich, City Manager Print Name: ___Danielle Scharf, PE_______ Print Title: _Principal/Region Manager___ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 184 Exhibit A - Scope of Work The scope of work covered by this agreement is described hereafter: The project consists of the preparation of a topographic survey of: 1. Bogert Place – E Story Street to S Church Avenue 2. West Story Street – S 8th Avenue to S 4th Avenue 3. South Black Avenue – E Babcock Street to E Story Street See attached survey area exhibits. These surveys will be used for the design of future capital improvement projects by the City of Bozeman. The topographic survey will tie horizontally and vertically all surface improvements within the right of way (i.e. curb, gutter, sidewalk, driveways, asphalt, trees, fences, signs, aboveground utilities, and underground utilities marked by Montana One Call, etc.) Additionally, existing sanitary sewer manholes, storm drain manholes and inlets, and water main valve boxes will be measured vertically. Generally, the survey limits will be from back of walk to back of walk as noted on the attached survey area exhibits including approximately 20 feet beyond curb returns on side street intersections. Sanitary sewer, storm drain, and water alignments and associated measuredowns will extend beyond the survey limits where needed. The points will be surveyed using the Bozeman Low Distortion Projection. The Bozeman Low Distortion Projection is based on a single parallel Lambert Conformal Conic Projection and the North American Datum of 1983. A minimum of one project benchmark on the City of Bozeman Datum on each block within the project area (Area) will be established. Phase 100. Project Management & Coordination Task 101. Prepare project scope of work and contracts. Task 102. Project management, and coordination, and send weekly project updates. Phase 200. Pre-Survey Preparations & Research Task 201. Montana One Call utility locates will be requested for public underground utilities. Task 202. Review existing City sanitary sewer, storm drain, and water information utilizing the Bozeman GIS Infrastructure Viewer. Phase 300. Survey Control Task 301. Locate existing benchmarks from the Bozeman City Datum and calibrate the vertical component of the survey to one point for each 185 block within the survey areas. Additional control points will be set at strategic locations as needed. Phase 400. Topographic Survey Task 401. Use robotic total station to survey ground points on all three areas. Existing tree diameters will be estimated and labeled as deciduous or coniferous but will not be identified by species. Task 402. Survey field location of existing visible utilities as marked by Montana One Call. Task 403. Complete measuredowns on existing sanitary sewer manholes, storm drain manholes and inlets, and water main valve boxes. Photographs will be taken of each manhole within the project corridor. Task 404. The completed topographic survey will undergo a quality process review to check for consistency and completeness. Phase 500. Draft Topo & Base Plan Task 501. The surveyed data will be used to create an individual topographic surface and 2D linework and labeling will be completed for all three areas. Task 502. Internal quality control review of all deliverables. Task 503. The photographs taken of each manhole will be cataloged and georeferenced for easy identification and location. Task 504. Meet with the City to review the 90 percent plans prior to final submittal. Task 505. Incorporate the City’s comments into the plans. Task 506. Coordinate electronic and hardcopy file delivery with the City. The file delivery will contain a 24”x36” hard copy of the site map, copies of all field notes and photographs, PDF copies of the site map, and all AutoCAD project files and points files. There will be individual AutoCAD and PDF files for each area. The AutoCAD files will be compatible with AutoCAD Civil3D 2022. Fixed Costs/Expenses: Survey Equipment at $15.00 /fieldwork hour 186 187 188 City of Bozeman 2022 CIP Survey Bogert Place, W Story Street, S Black Avenue 22166 LaborCategory Total PlanHours Total PlanBill Amt Phase 100: Project Mgmt & Coordination Principal 18.00 4,230.00 Professional Land Surveyor 18.00 2,250.00 Phase 200: Pre-Survey Prep & Research Professional Land Surveyor 14.00 1,750.00 Phase 300: Survey Control Staff Surveyor II 16.00 1,840.00 Phase 400: Topo Survey Staff Surveyor II 132.00 15,180.00 Phase 500: Draft Topo & Base Plan Professional Land Surveyor 128.00 16,000.00 Senior Professional Land Surveyor 4.00 700.00 Subtotal 330.00 41,950.00 Expenses 1,500.00 Total for Data Collection, Topo & Site Survey 330.00 43,450.00 Total Acres Total Cost 6.20 43,450.00 43,450.00 Summary of 2022 CIP Survey Services 1 - Bogert Place, W Story Street, S Black Ave Total Project Cost Page 1 of 1 189 Memorandum REPORT TO:City Commission FROM:Cody Flammond, Engineer II SUBJECT:Authorize the City Manager to execute the First Addendum to the PSA with Water and Environmental Technologies, Inc. (WET), to provide environmental consulting services pertinent to the East Gallatin Landfill MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to execute the First Addendum to the PSA with Water and Environmental Technologies, Inc. (WET), to provide environmental consulting services pertinent to the East Gallatin Landfill. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The East Gallatin Landfill, located north of Griffin Drive in Bozeman, is an inactive, approximately 30-acre municipal landfill which operated from 1962 to 1970. The City now leases the site to Montana Department of Fish, Wildlife & Parks as part of the East Gallatin Recreation Area (commonly known as Glen Lake). A 1983 CERCLA preliminary assessment by Montana Department of Health and Environmental Services (MDHES) (now the Montana Department of Environmental Quality (DEQ)) summarized the contamination potential from landfill leachate and indicated a site investigation was warranted. EPA consultants sampled soils, groundwater from nearby domestic wells, and sediments and surface water from Glen Lake and the East Gallatin River. None of the contaminant levels found were considered significant and based on investigation and health risk assessment results, EPA declared the facility "No Further Action" under CERCLA. The facility is currently listed as a low priority facility on DEQ's CECRA priority list. The area near the old landfill is now seeing increasing development pressure. In recent years, Gallatin Park Subdivision, Subdivision 154A, and Bridger Vale Subdivision have been platted and are in the process of developing. In addition to Glen Lake, the East Gallatin River, a cold water fishery, flows along the east boundary of the landfill. The recreation area is heavily used in summers for swimming, boating and other water activities. In 2018, WET performed a phase one site assessment summarizing all 190 available environmental data and produced a preliminary conceptual site model. In 2021, WET characterized and monitored contaminants at the site and reported to and coordinated with the Montana DEQ, as necessary. During this work, several areas were noted where additional data is necessary. The purpose of this addendum is to procure the services needed to continue this work and collect the additional data needed to adequately characterize and monitor the contaminants at the site. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The total cost for the scope of work detailed in these documents is $90,378.00. This work will be paid for using funds in the Engineering Division's budget for Consultants and Professional Services (010-8920-471.5- 10). Attachments: FY 23 - Cost Estimate_Quarterly Sampling Professional Service Agreement First Addendum Report compiled on: June 30, 2022 191 ATTACHMENT A. PROJECT COST ESTIMATE WATER & ENVIRONMENTAL TECHNOLOGIES Date: February 18, 2022 Client Phone #: (406) 582-2280 Client:City of Bozeman Client Contact: Cody Flammond Address: 20 East Olive Street Project Manager: Stefanie VandaeleDescription: Bozeman Old City Landfill - Characterization TASK DESCRIPTION PRICE UNITS QTY PRICE TASK 1. Project Management Project Engineer $120.00 HOUR 24 $2,880.00Senior Engineer - DEQ meeting $130.00 HOUR 5 $650.00Mileage - meetings $0.80 MILE 170 $136.00$3,530.00 TASK 2. Data Management Database Specialist $130.00 HOUR 70 $9,100.00 Project Engineer $120.00 HOUR 4 $480.00 Staff Engineer $95.00 HOUR 30 $2,850.00$12,430.00TASK 3. Monitoring Well Drilling Project Engineer $120.00 HOUR 16 $1,920.00 Staff Engineer $95.00 HOUR 10 $950.00 Okeefe Track Mounted Rig LUMP SUM 1 $12,364.00Drill Cuttings Sampling $345.00 EACH 4 $1,380.00 Drill Cuttings Disposal $350.00 LUMP SUM 1 $350.00 Well Development Water Sampling - Lab Cost $345.00 EACH 4 $1,380.00 Well Development Water Disposal $385.00 EACH 2 $770.00Landscaping Repair $250.00 WELL 4 $1,000.00 Survey $1,250.00 LUMP SUM 1 $1,250.00 SUBTOTAL: $21,364.00 TASK 4.1 Monitoring - Groundwater Staff Engineer/Hydrogeologist $95.00 HOUR 84 $7,980.00Technician $80.00 HOUR 62 $4,960.00 Meters and Equipment $220.00 DAY 8 $1,760.00 Sample Consumables $20.00 SAMPLE 58 $1,160.00 $15,860.00TASK 4.2 Monitoring - Soil Vapor Staff Engineer/Hydrogeologist $95.00 HOUR 16 $1,520.00Sample Consumables $200.00 DAY 4 $800.00$2,320.00 TASK 4.3 Laboratory Analysis Groundwater VOCs $180.00 LUMP SUM 62 $11,160.00 Soil Gas VOCs $313.50 LUMP SUM 14 $4,389.00 Soil VOCs $180.00 LUMP SUM 4 $720.00$16,269.00TASK 4.4 Drum Disposal Drum Purge Water Sampling $345.00 LUMP SUM 4 $1,380.00Drum Disposal $385.00 LUMP SUM 4 $1,540.00$2,920.00 TASK 5. Data Summary Report Senior Engineer $130.00 HOUR 4 $520.00 Project Engineer $120.00 HOUR 60 $7,200.00 GIS Specialist $80.00 HOUR 24 $1,920.00Report Copies: LUMP SUM $500.00$10,140.00 TASK 6. CAP Update Senior Engineer $130.00 HOUR 4 $520.00 Project Engineer $120.00 HOUR 30 $3,600.00 Staff Engineer $95.00 HOUR 15 $1,425.00 $5,545.00 ESTIMATED PROJECT TOTAL $90,378.00 SUBTOTAL: SUBTOTAL: SUBTOTAL: SUBTOTAL: SUBTOTAL: SUBTOTAL: SUBTOTAL: SUBTOTAL: Page 1 of 1 192 193 194 Memorandum REPORT TO:City Commission FROM:Jennifer A. Giuttari, Assistant City Attorney Greg Sullivan, City Attorney Jeff Mihelich, City Manager SUBJECT:Ordinance 2109, Final Adoption Replacing the Term Columbus Day with Indigenous Peoples’ Day, and Designating the Second Monday of October as the Local Indigenous Peoples’ Day Holiday MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION: I move to provisionally adopt Ordinance 2109, which replaces the term Columbus Day with Indigenous Peoples' Day, and designates the second Monday of October at the local Indigenous Peoples' Day holiday. STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity through policies and public awareness. BACKGROUND: Bozeman's Strategic Plan 3.0 establishes the city's goal of ensuring that it is a safe and welcoming community. Specifically, Strategic Plan 3.3 explicitly states that the city will achieve this goal by welcoming diversity through its policies and promoting public awareness. Ordinance 2109 accomplishes this goal by recognizing Indigenous Peoples' Day as a local holiday. Indigenous Peoples' Day honors the contributions and sacrifices of Native communities and Tribal Nations. This amendment to the Code furthers the city's goals as set forth in Strategic Plan 3.3. Ordinance 2109 replaces the term Columbus Day with Indigenous Peoples' Day, and designates the second Monday of October as the local Indigenous Peoples' Day holiday. In addition, Ordinance 2109 amends Bozeman Municipal Code Sec. 2.02.070, which previously referenced the Columbus Day holiday and exempted it from the general rule that meetings are not held on the Tuesday after a holiday. As a result of this amendment, there will not be a Commission meeting on the Tuesday following the Indigenous Peoples’ Day holiday. 195 On June 28, 2022, after a staff presentation and public comments, the City Commission moved to provisionally adopt Ordinance 2109. UNRESOLVED ISSUES:None identified. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:The fiscal impact beyond what is already budgeted for personnel is approximately $11,400. This amount reflects the overtime/holiday pay paid to city employees Attachments: Ord. 2109 IPD_final.pdf Report compiled on: June 16, 2022 196 Page 1 of 6 ORDINANCE 2109 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPLACING THE TERM COLUMBUS DAY WITH INDIGENOUS PEOPLES’ DAY, AND DESIGNATING THE SECOND MONDAY OF OCTOBER AS THE LOCAL INDIGENOUS PEOPLES’ DAY HOLIDAY. WHEREAS, Mont. Const. Art. XI, § 4 mandates to liberally construe the powers of incorporated cities, and Mont. Const. Art. XI, § 6 of the Montana Constitution expressly authorizes a local government unit with self-government powers to exercise any power not prohibited by the constitution, law, or charter; and WHEREAS, the Bozeman City Charter establishes that the City of Bozeman is a local government that has adopted self-government powers which must be liberally construed; and WHEREAS, there is no express prohibition in the Montana Constitution or the Bozeman City Charter that prevents a local government from establishing a local holiday; and WHEREAS, there is no express prohibition in Mont. Code Ann. §§ 7-111, 112, or 114 that prevents a local government from establishing a local holiday; and WHEREAS, there is no state agency or office directed to establish administrative rules or oversee the enforcement of a local government establishing a local holiday; and WHEREAS, the power to establish a local holiday has not been affirmatively delegated to the State of Montana; and 197 Ordinance No. 2109, Designating the Local Indigenous Peoples’ Day Holiday Page 2 of 6 WHEREAS, the State of Montana observes Columbus Day as a legal, public holiday that is recognized as a paid, legal holiday on the second Monday in October during which all offices of state and local government are closed to the public; and WHEREAS, the City of Bozeman replaces the term Columbus Day with Indigenous Peoples’ Day to memorialize and commemorate an accurate representation of the history of indigenous people in the United States; and WHEREAS, the City of Bozeman’s Strategic Plan 3.3 establishes the city’s goal of ensuring that it is a friendly community that “welcome[s] diversity through policies and public awareness”; and WHEREAS, because it is in the best interest of the citizens of Bozeman to celebrate and honor the invaluable contributions of diverse cultures and because the City of Bozeman strives to be an inclusive and welcoming community, the City of Bozeman now clarifies its designated legal, public holidays, and all related references in the Bozeman Municipal Code. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That a new section of the Bozeman Municipal Code Sec. 2.01.030 is hereby adopted as follows: Sec. 2.01.030. – Indigenous People’s Day. The city recognizes the second Monday of October as Indigenous Peoples’ Day, and replaces the term Columbus Day with the term Indigenous Peoples’ Day. Any reference to Columbus Day in any provision of this code, ordinance, administrative order, or other official city document shall be referenced to as Indigenous Peoples’ Day. The city recognizes Indigenous Peoples’ Day as a legal, public holiday. The local day of observation of Indigenous Peoples’ Day shall occur on the 198 Ordinance No. 2109, Designating the Local Indigenous Peoples’ Day Holiday Page 3 of 6 second Monday of October, during which all city offices are closed and employees shall be granted a paid holiday according to city policies. Section 2 That Section 2.02.070.A is amended as follows: Sec. 2.02.070. - Meetings. A. General/regular meetings. 1. The city commission shall hold a regular meeting on each of the first four Tuesdays of every month except for Tuesdays immediately following all legal or national holidays falling on a Monday, with the exception of Columbus Day. The city commission may hold a regular meeting on the fifth Tuesday of the month. The commission shall meet in regular session from 6:00 p.m. to no later than 10:00 p.m. in the City Commission Room, City Hall, 121 North Rouse Avenue, or in an alternative location as duly noticed to the public. However, when the day affixed for any regular meeting of the commission falls upon a day designated by law as a legal or national holiday, such meeting may be scheduled at the same hour on the next succeeding day not a holiday or the meeting may be canceled by the commission. 2. The meeting may be extended beyond the time specified in subsection A.1 of this section by the mayor or a majority vote of the members of the commission should additional matters remain on the commission agenda. 3. Any meeting of the commission may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular or specially scheduled meeting. 4. The mayor or majority of the commission may cancel a regular meeting if no business is scheduled for that meeting. Section 3 Except as indicated in Section 1 of this ordinance, the City of Bozeman recognizes and observes all other State legal holidays. 199 Ordinance No. 2109, Designating the Local Indigenous Peoples’ Day Holiday Page 4 of 6 Section 4 The City Manager is authorized to establish policies and procedures to implement this ordinance. Section 5 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 6 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. Section 7 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 8 Codification. Sections 1 and 2 of this ordinance shall be codified and included as a new section, as written above, in Chapter 2, Article 1 of the Bozeman Municipal Code, which is currently entitled 200 Ordinance No. 2109, Designating the Local Indigenous Peoples’ Day Holiday Page 5 of 6 Administration: In General. Bozeman Municipal Code shall be amended to include new section Sec. 2.01.030, as set forth in Section 1 of this ordinance. Section 9 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 20__. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is __________, __, 20__. _________________________________ CYNTHIA L. ANDRUS Mayor 201 Ordinance No. 2109, Designating the Local Indigenous Peoples’ Day Holiday Page 6 of 6 ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 202 Memorandum REPORT TO:City Commission FROM:Anna Saverud, Assistant City Attorney SUBJECT:Ordinance 2117 Final Adoption Establishing Municipal Court Fee Schedule MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Move for final adoption Ordinance 2117 Establishing a Municipal Court Fee Schedule 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:Fee schedules for civil filing fees and production of copies are provided for in state law and are common practice in all district and justice courts. This ordinance allows for the City Commission to set a fee schedule for the Bozeman Municipal Court by resolution and sets an initial schedule. This ordinance was requested by the Court to formalize a fee schedule for the commencement of civil actions such as expungements pursuant to Sec. 16- 12-113, MCA. Ordinance 2117 also recovers a small portion of the costs associated with producing requests for public records. No filing fees are charged for filings in criminal cases, municipal infractions, or orders of protection. Ordinance 2117 passed first read unanimously at the City Commission meeting on June 28. UNRESOLVED ISSUES:None. ALTERNATIVES:Not adopt a fee schedule for the Bozeman Municipal Court. FISCAL EFFECTS:None Attachments: Ordinance 2117 Municipal Court Fee Schedule.pdf Report compiled on: July 1, 2022 203 Ordinance 2117, Municipal Court Fee Schedule Page 1 of 5 ORDINANCE NO. 2117 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA ESTABLISHING A FEE SCHEDULE FOR THE BOZEMAN MUNICIPAL COURT. WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may exercise any power not prohibited by the constitution, law or charter and neither the Montana Constitution, state law, or the City Charter prohibits the City Commission from adopting this Ordinance; and WHEREAS, pursuant to Sec. 4.05 of the City of Bozeman’s Charter, there shall be a municipal court as prescribed by state law; and WHEREAS, pursuant to §25-1-201, MCA and §25-31-112, MCA specific fee schedules are set for district courts and justice courts respectively; and WHEREAS, pursuant to §25-30-102 (1)(a), MCA, fees in municipal court must be the same as the fees and fines provided by law or ordinance, and must be paid to into the city treasury; and WHEREAS, pursuant to §44-5-301 (2)(a), MCA, a reasonable charge may be made by a criminal justice agency for providing a copy of public criminal justice information; and 204 Ordinance 2117, Municipal Court Fee Schedule Page 2 of 5 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the following new Section 22.01.150 is added to Chapter 22 of the Bozeman Municipal Code: Sec. 22.01.150 Fee Schedule. The city commission may set a fee schedule for the Bozeman Municipal Court by resolution. The clerk of municipal court shall collect and deposit fees with the city treasury. Section 2 The following is the fee schedule for the Bozeman Municipal Court. The following may be amended, superseded or repealed by resolution of the city commission. The clerk of municipal court shall collect and deposit the following fees with the city treasury: A. At the commencement of an action including expungements pursuant to §16-12-113, MCA, a filing fee of $120.00. No fee shall be assessed for the commencement of orders of protection, criminal cases, or municipal infractions. B. Upon the request for any records within the municipal court’s possession, the following fees shall be assessed: (i) General copies: $1.00 per page for first 10 pages; $0.50 per page there-after; (ii) Certified copies: $2.00 per document certified; (iii) Background search: $2.00 per name, per year up to 7 years; $1.00 per name each for additional year. (iv) Audio recording: $25.00 per disc. C. Postage costs of $2.00. A party commencing an action or requesting records who desires to proceed without payment of the required fee shall file a Statement of Inability to Pay Court Fees. The request to proceed without payment of fees must be approved by a municipal judge before fees will be waived. 205 Ordinance 2117, Municipal Court Fee Schedule Page 3 of 5 Section 3 State law superseded. Pursuant to the city's self-government powers, Section 25-30-102(1)(b), MCA, addressing municipal court fees not exceeding fees authorized for justice court is hereby superseded. All subsequent actions of the city commission pursuant to Section 1 supersede state law. All other applicable provisions of state law not in compliance with this division are hereby superseded. Section 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. Section 6 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 7 Codification Instruction. The provisions of Section 1 shall be codified as appropriate in Chapter 22 of the Bozeman Municipal Code. 206 Ordinance 2117, Municipal Court Fee Schedule Page 4 of 5 Section 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 207 Ordinance 2117, Municipal Court Fee Schedule 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 28th 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 therefor held on the 12th day of July 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney 208 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Logan Simpson for the Gallatin Valley Sensitive Lands Protection Plan. MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with Logan Simpson for the Gallatin Valley Sensitive Lands Protection Plan. STRATEGIC PLAN:6.6 Habitat: Work with partner organizations to identify at-risk, environmentally sensitive parcels contribute to water quality, wildlife corridors, and wildlife habitat. BACKGROUND:On April 16, 2018 the City Commission approved Resolution 4852 adopting the City of Bozeman Strategic Plan. Section 6.6 of the Strategic Plan calls for working with partner organizations to identify at-risk, environmentally sensitive parcels that contribute to water quality, wildlife corridors, and wildlife habitat. On December 21, 2021 the City Commission adopted Resolution 5368 adopting the Gallatin Valley Sensitive Lands Protection Plan as a City Commission priority for 2022-2023. Extensive effort was made over the past year to build a working group of government agencies and non-profit organizations to an ensure a regional approach. Committed partners include: Animal Welfare Institute City of Bozeman Criaghead Institute Gallatin County Gallatin Valley Land Trust Gallatin Watershed Council Gallatin Wildlife Association Montana Fish, Wildlife & Parks Montana Freshwater Partners Sacajawea Audubon Society Sierra Club U.S. Fish & Wildlife Service U.S. Forest Service Yellowstone to Yukon Conservation Initiative 209 The Gallatin Valley Sensitive Lands Protection Plan is a comprehensive study to evaluate habitat and corridors between urban and natural areas throughout the valley before critical opportunities are lost to development. Furthermore, the value of existing agricultural lands will be considered as it relates to the overall economic, cultural, and environmental vitality of the region. Linkages and important wildlife habitat needed for all phases of species’ lifecycle will be inventoried and evaluated in an effort to identify critical corridors, including recommendations to protect sensitive lands in these areas. Extensive public engagement will be conducted to inform the scope of interconnected issues experienced within areas of sensitive lands related to a number of stressors, including but not limited to, development, transportation infrastructure, local economy, recreation, human wildlife conflicts, and climate change. Final products including GIS layers and specific policy and program recommendations will serve a number of audiences including public officials, citizens, developers, and other agencies in a way that informs decisions about land use and management within the Gallatin Valley. The duration of this effort will span approximately 16 months, with final acceptance anticipated in late 2023. Logan Simpson was selected through a competitive RFP process for professional services. 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 directed by the City Commission. FISCAL EFFECTS:Funding is allocated within the Strategic Services Department FY23 budget, in addition to partner contributions. Attachments: Gallatin Valley Sensitive Lands Protection Plan - Professional Services Agreement.pdf Gallatin Valley Sensitive Lands Protection Plan - Scope of Work.pdf Gallatin Valley Sensitive Lands Protection Plan - Fee Proposal.pdf Gallatin Valley Sensitive Lands Protection Plan - Submittal.pdf Report compiled on: June 30, 2022 210 Version 8 30 21 Professional Services Agreement for Gallatin Valley Sensitive Lands Protection Plan Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 2022 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Logan Simpson, 213 Linden Street, Fort Collins, Colorado, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in Exhibit B. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: 211 Version 8 30 21 Professional Services Agreement for Gallatin Valley Sensitive Lands Protection Plan Page 2 of 11 a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 212 Version 8 30 21 Professional Services Agreement for Gallatin Valley Sensitive Lands Protection Plan Page 3 of 11 Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. 213 Version 8 30 21 Professional Services Agreement for Gallatin Valley Sensitive Lands Protection Plan Page 4 of 11 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 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 214 Version 8 30 21 Professional Services Agreement for Gallatin Valley Sensitive Lands Protection Plan Page 5 of 11 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. 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 215 Version 8 30 21 Professional Services Agreement for Gallatin Valley Sensitive Lands Protection Plan Page 6 of 11 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 Jon Henderson, Strategic Service Director or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be 216 Version 8 30 21 Professional Services Agreement for Gallatin Valley Sensitive Lands Protection Plan Page 7 of 11 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 Jeremy Call, Principal or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. 217 Version 8 30 21 Professional Services Agreement for Gallatin Valley Sensitive Lands Protection Plan Page 8 of 11 The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising 218 Version 8 30 21 Professional Services Agreement for Gallatin Valley Sensitive Lands Protection Plan Page 9 of 11 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 competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 219 Version 8 30 21 Professional Services Agreement for Gallatin Valley Sensitive Lands Protection Plan Page 10 of 11 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 of one year by written agreement of the Parties. In no case, however, may this Agreement run longer 220 Version 8 30 21 Professional Services Agreement for Gallatin Valley Sensitive Lands Protection Plan Page 11 of 11 than June 30, 2024. **** 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 221 PROJECT SCOPE OF WORK JUNE 29, 2022 TASK 1 PUBLIC AND CONSTITUENT ENGAGEMENT PROJECT MANAGEMENT COORDINATION Upon contract commencement, Logan Simpson will coordinate with the City Project Management Staff to refine and finalize the schedule and community engagement plan. At the virtual project management kickoff meeting, we will establish bi-weekly to monthly coordination calls to be held virtually so everyone can put it on their calendars. We envision in-person meetings during key milestones when planned during other meetings in Gallatin County. Logan Simpson will provide an agenda in advance of all meetings, along with a summary following each meeting. The Logan Simpson team, of course, will be available throughout the project via cell phone, office phone, and email. PUBLIC ENGAGEMENT PLAN Constituent community engagement will inform how the Sensitive Lands Plan prioritizes action to address interconnected issues such as development, recreation, environmental justice/equity, human wildlife conflicts, and climate change. We will outline the details of constituent community engagement and outreach in a consolidated Community Engagement Plan (CEP). The CEP will outline the project description (including what it is and what it is not), key milestones for the public, messaging, benefits of the planning process, as well as outreach tools and notification methods to be used throughout the project. Development of the CEP will involve the City’s communication department. Roles, decision-making authority, and make-up of the various project groups, including the project management and leadership within the City and Gallatin County, as well as constituents and the public will be listed and defined. Knowing the ultimate role of key partners early in the process will help the project be successful in the long run. We will right-size the engagement strategies, meeting facilitation, schedule, and notifications for each group. We will outline the acceptance process, with possible support and/or acceptance from other agencies/partners. PROJECT WEBSITE Logan Simpson will use ESRI’s ArcGIS Hub as the preferred community engagement platform. This project website platform is capable of providing project updates and will allow the public to review, comment on, and even download (if desired) the detailed GIS data and analysis required in this RFP. The project website will include a link to register to get involved, a project timeline, project contacts, and additional resources. Additional details are described in Tasks 3-5. The Engage Bozeman website may be considered as a complimentary tool for occasional/targeted engagement, to be determined and supported by City staff. CONSTITUENT ONE-ON-ONE INTERVIEWS Our team will announce the initiation of this project and hold group and one-on-one interviews with key constituents. This will include a discussion with various City and County staff and leadership, including but not limited to Boards and Commissions, members of the Planning Coordination Committee, government officials, representatives from local agriculture, indigenous leaders, real estate, developers, conservationists, wildlife biologists, citizens, and the Gallatin Valley Sensitive Lands Working Group. Key questions will include: Who are we missing? What does success look like? What case studies, literature sources, and/or best practices would you recommend? What data and narratives should we consider? And what experts related to these data and narrative should we engage? And to inform the development of initial survey questions, what are key values and tradeoffs to understand across the Valley? We have begun early conversations with the Montana Natural Heritage Program and University of Montana’s Spatial Analysis Lab to understand their data availability. In tandem with Task 2, we will meet with these research agencies to understand the data history, limitations, and modeling scenarios completed to date. We have found that successful wildlife Exhibit A 222 habitat models are built over a lifetime of understanding and partners. Working with these groups will ensure the data reliability needed in this process. WORKING GROUP & COUNTY COORDINATION Following the initial round of group and one-on-one interviews, we will convene meetings with the Gallatin Valley Sensitive Lands Working Group throughout the process. Two in-person and two virtual meetings are envisioned for a total of four meetings. Meetings will involve worksessions to review materials and provide guiding direction prior to public review. Meeting 1 – Review data collection and literature review and provide input on project goals Meeting 2 – Review modeling methods Meeting 3 – Review modeling results and provide input on preliminary recommendations Meeting 4 – Provide input on recommendations Beyond the Working Group meetings, Logan Simpson proposes additional coordination with the County. These meetings will be specific to land use recommendations that would likely fall to the County to implement. Up to three additional meetings are anticipated to occur virtually, unless in tandem with other trips to Gallatin County. STATISTICALLY VALID SURVEY Sensitive Lands hold a myriad of community values. The more the model aligns with community values, the more readily the results will be accepted and effect the desired change. At the client group’s discretion, Logan Simpson will work with Left Brain Concepts early in the process to develop a statistically valid mail survey with the option to respond electronically. We will work with Bozeman to develop a 4- to 6-page survey that will be mailed to 3,500 residents across the Gallatin Valley. We begin with an exhaustive list of households in the community - including individual units in multi-family developments - and mail to a random sample of households. This has been the standard in sampling for decades; to be able to defend the results with a sample size of 600-700 responses. Responses would be held in an ASCII data file as numerically coded data. Answers to each question will be double-entered to ensure accuracy. This is the industry standard in paper-and-pencil survey research and is the most accurate method of recording information from surveys. We will capture people’s responses to any open-ended questions verbatim, will code the responses and enter them into the data file. LBC will compile the results, produce percentages for each response, and perform numerous data splits and statistical analyses using a powerful software package. Results will be spilt by jurisdiction and length of time residency in the Valley. PUBLIC ENGAGEMENT SERIES Each public engagement phase below includes a distinct outcome-oriented outreach series with hands-on and high-tech outreach methods tailored to the audience and desired outcomes. This process uses trust, credibility, and process to create consensus. Each series will involve a public meeting in a centrally located area and opportunities to provide input online. #1: Review of data and visioning After initial literature review and data collection outlined in Tasks 2 and 3 below, we will reach out the broader public for review of the data to ensure no further gaps remain and define the planning context. This series will also collect feedback on the plan’s vision and goals based on the data and statistically valid results. We will collect information on the community’s values to determine importance as we move into developing the model methods. This phase could be paired with an online survey if the optional statistically valid survey is not completed. #2: Review of modeling results and preliminary recommendations After developing the modeling scenarios in Task 4 below, we will again review the data and mapping with the public and begin initial development of preliminary recommendations. Meeting #2 will focus on the modeling results and preliminary recommendations in an open house format. Attendees will help identify the sensitive land priorities. #3: Draft Plan Review 223 Once recommendations are developed with the Working Group/Constituents in Task 5, the recommendations and plan will be reviewed with the public. Task 1 Meetings & Deliverables: Staff Kickoff Meeting agenda, materials, facilitation, and summary On-going biweekly project management coordination meetings, agenda, materials, facilitation, and summary Draft and Final Community Engagement Plan Group and one-on-one interview coordination, facilitation, and summary Working Group meetings agendas, materials, facilitation, and notes. Zoom logistics for virtual meetings Public meeting plans, notifications, website updates, materials, facilitation, and summary for each community engagement series. Statistically Valid Survey development, notification, data compilation, and report Task 1 City Roles: Review/approve the above deliverables. Provide consolidated comments. Communication and coordination with the Working Group and reserve meeting locations, notify meetings, and provide refreshments. Provide access to Bozeman Enterprise GIS Account (no fee included for additional purchases). Public meeting space reservations, food, distribute public meeting notifications, and staffing assistance at meetings. Communication and coordination with City and regional elected/appointed officials. TASK 2 LITERATURE REVIEW DEFINE STUDY AREA & PRELIMINARY OUTLINE An important decision early in the process will be definition of the “Gallatin Valley” study area. We will start with the map below, which is generally defined as within the watershed between the Bridger Mountains, start of Gallatin Canyon, Three Forks, and Bozeman Pass. GIS model results will be more reliable if the data collected uniformly covers the entire study area. The study area should focus on the remaining unconserved private land in the County – approximately 600,000 acres. Detailed study of specific species or areas of interest are beyond the scope of this project. We will define what the decision space of the plan is early to focus future discussions. Also early in the process, we will outline the table of contents of the final plan deliverables. 224 EXISTING PLAN AND POLICY REVIEW We will review past plans, studies, and regulations related to the Gallatin Valley. For each plan, we will note data by resource, key priorities and values, and identify where conflicts may arise. Plans will include Critical Lands Study of the Bozeman Area (1997), City of Bozeman’s Community Plan (2021) and Climate Plan (2021), Gallatin County’s Growth Policy (2021) and Triangle Community Plan (2020), the Montana State Wildlife Action Plan, Montana Subdivision and Platting Act Montana Department of Fish, the Wildlife and Park’s Fish and Wildlife Recommendations for Subdivision Development, publications by Montana Natural Heritage Program, among others. We will focus on the interconnectivity and relationships between stressors and geography of their impacts on sensitive lands and identify data gaps and conflicts in recommendations. CASE STUDY REVIEW & DOCUMENT PORTAL Emerging studies and lessons learned from other communities shall be used to guide research and recommendations. With input from constituents and the Working Group, we will develop and review a list of case studies and existing models. We will compare case studies for applicability in modeling methods and policy recommendations to protect sensitive lands. A few case studies may warrant further evaluation, including author interviews, funding, and code review to assist in the development of preliminary recommendations. We will interview planners/analysts about how their programs worked/did not work and what they would have done differently. We will post the most relevant case studies and documents on the project website and highlight key themes in a summary report. Task 2 Deliverables: Draft and Final Existing Plan Review Report Draft and Final Case Study Review Report Project website update and document portal 225 Task 2City Roles: Minor assistance in gathering existing plans and policies, if not publicly posted. Review/approve the above deliverables. Provide consolidated comments. Post deliverables to Engage Bozeman or similar for public review. TASK 3 DATA COLLECTION DEVELOP DATA PORTAL ON ARCGIS HUB We will create an online application on ESRI’s ArcGIS Hub to share data and a narrative to engage the public. The online application is intended to be educational and show data transparency with publicly available data from multiple supporting agencies on interactive maps. Some sensitive data is likely needed for the analysis and will be made available only to authorized users. The City of Bozeman GIS Division will be responsible for hosting the most current available data, with assistance from partnering agencies. COLLECT DATA & ORGANIZE ON ARCGIS HUB With guidance from constituents, Logan Simpson will compile the best available authoritative GIS data applicable to a wide range of sciences. The data will be organized into a single geodatabase environment. Metadata beyond origin source, year, and point of contact will not be added to the original data. Any changes to data description will be directed towards the source. Some examples of data types may include, but are not limited to: US Forest Service (Key linkage Areas and other Designated Areas, ROS, SIO, WSR) Lakes and streams Rock outcrops (determined via USGS land cover raster data) Highly visible areas (determined via viewshed analysis from major highways) Transportation (trails and roads) Land Cover Wildlife (T&E habitat, Concentration Areas, raptor nesting, Species of Concern Occurrence, Predicted Biodiversity from MTNHP, movement corridors) Wetlands Riparian areas Existing protection lands National Register of Historic Places Landmarks or areas of particular significance to indigenous communities Prime Soils/Ag lands Centennial Farms Health and social indicators based on environmental justice/equity Other City/County Layers (parcels, contours, zoning, urban waterways, imagery, etc) DATA GAP REPORT We will summarize the review of GIS data in a data report, including recommendations to support future data collection efforts, and post relevant and publicly available data to ArcGIS Hub. The Working Group will review the Data Gap Report. Data gaps could include data that are not currently available or available datasets that are not useful for downscaling for conservation planning efforts due to spatial resolution, temporal, or other factors. PUBLIC REVIEW OF DATA AND REVISIONS Issues identified within the first public meeting series will be considered and recorded. Any datasets or issues that have changed over time may be presented cartographically by using an interactive slider bar for the public to compare data. These datasets may include: Urbanization 226 Wildlife movement corridors Changes in landcover River movement Task 3 Meetings & Deliverables: Agreed upon method to present and share the data (ArcGIS Hub, Story Maps, standard geodatabase) Meetings to address any GIS data gaps Staff and partner GIS status meetings (beyond full Working Group Meeting in Task 1) Draft and Final Data Gap Report Task 3 City Roles: Provide existing City GIS data layers Provide access to Bozeman Enterprise Account (no fee included for additional purchases) Review/approve the above deliverables. Provide consolidated comments. Host data and models on the City of Bozeman GIS Division’s ArcGIS Enterprise platform or similar Assist in identifying landmarks or areas of particular significance to indigenous communities TASK 4 SPATIAL TOOLS DEVELOP MODEL METHODOLOGY Data collected above will be categorized into an agreed upon scheme (wildlife, hydrology, etc.). The Working Group will confirm the categories of resources to map, approve the best available data for each of the categories, and develop model criteria. Criteria will reflect community values and focus on highlighting environmental sensitive areas where opportunities for preservation exist. We will facilitate two Working Group (or a subcommittee) virtual workshops on range of modeling methodologies to arrive at a preferred methodology. We will document the methods in a report. DEVELOP MODELS Working with the City GIS staff and key GIS Partners, Logan Simpson will develop and test a reusable model within Model Builder. A static series of scenario-based maps will be developed to visualize the effects of land use at both a local and regional scale is preferred, unless available technology within the project budget allows for a more interactive end-user experience. We’ll develop three scenarios based on based on values. Some scenarios will reflect changes to weighting, while other scenarios may include a unique suite of data. We have anticipated three rounds of iterative maps to test and calibrate the model. DISPLAY RESULTS ON ARCGIS HUB We will work to display the static results on the City of Bozeman GIS Division’s ArcGIS Enterprise platform for public review. Environmentally sensitive linkages and other important habitat needed by wildlife for various life cycle stages will be highlighted to promote a shared understanding of where opportunities for preservation exist. Task 4 Meetings & Deliverables: Staff and partner GIS status meetings (beyond full Working Group Meeting in Task 1) Draft and final Methodology Report Draft, revised, and final maps Task 4 City Roles: Review/approve the above deliverables. Provide consolidated comments. Post deliverables to Engage Bozeman or similar for public review. TASK 5 RECOMMENDATIONS 227 PRELIMINARY RECOMMENDATIONS & INDICATORS Logan Simpson will present several ways to structure the plan’s implementation, and the City will select a preferred format, such as an implementation table that ties each recommendation to a funding source, regulatory tools or incentives, and a responsible organization to empower them to take action. Specific recommendations to protect sensitive lands shall be pursued for both policy and program development, including regional partnerships, and key performance indicators, along with an estimated implementation priority and schedule. Recommendations must include a wide variety of solutions that will support contrasting interests throughout the study area. Based on the community feedback collected to date; data modeling results; and consistent with adopted plans (such as Montana Subdivision and Platting Act, the Montana State Wildlife Action Plan, and the Montana Department of Fish, Wildlife and Park’s Fish and Wildlife Recommendations for Subdivision Development), laws, and decision-making authority, Logan Simpson will identify preliminary recommendations that provide a wide variety of solutions that will support contrasting interests related to: Legislative Initiatives. Efforts required to implement any final recommendations shall be identified in support of the upcoming legislative session. Policy and Programs: Policy and program recommendations must be delivered with reference to the agency or jurisdiction who oversees final decision making authority. Funding Sources. Each priority resource (scenic, wildlife, recreation, or historic) opens the door to different funding sources. We will identify a funding source for each recommendation, emphasizing dollars available for conserving properties or capital improvements. Regulatory Tools. The Comprehensive Plan/Growth Policy, code language, and zoning, along with subdivision tools such as conservation developments, are instrumental to direction growth away from sensitive areas. We will recommend by agency how existing and new programs and policies can align with plan priorities. If there are conflicts between currently adopted plans, these will be documented and prioritized for revision. Incentives (TDR). Logan Simpson’s code team is currently helping two western communities, Spanish Fork, Utah and Teton County, Idaho, develop Transfer of Development Rights (TDR) incentive programs with the goal of preserving irreplaceable agricultural and natural resources such as waterbodies, wetlands, wildlife habitat, scenery, floodplains, slopes, wildland-urban interface, and recreational access. Our team will work with City and County staff and attorneys to recommend how the right program could be implemented in the future. Regional Partnerships. We will outline partnership opportunities including concepts for future community campaigns with the Working Group as well as other partners to determine who should most effectively and efficiently lead each initiative to advance long-term goals. Key Performance Indicators. To answer the question, “How will we measure success?” we recommend at a minimum a table with indicators, timelines, and adaptive management thresholds be included in the plan so that future leaders can communicate results and know whether we are moving toward or away from the desired future condition. We would like to explore how to tie the indicators to the project website with a GIS indicators dashboard, as we recently did for Colorado Springs. REVISED RECOMMENDATIONS & INDICATORS We will post the recommendation on Konveio, another online service that we often use for collaborative document review. This tool has been extremely beneficial to our projects, especially to gather feedback on the draft plan, solicit input on design concepts, or offer a self-paced virtual “open house” where participants can comment on the presented materials. We will consider revisions to the recommendations based on public input. SENSITIVE LANDS PROTECTION PLAN (PHYSICAL COPY) Based on all the work completed to date and feedback on the Draft Online Sensitive Lands Protection Plan, we will create a full report that is graphically appealing physical Sensitive Lands Protection Plan. The Plan will highlight the plan process 228 and goals, background, details of the analysis, integrated maps, and recommendations. The Draft Protection Plan will be reviewed and then revised to present to the public. SENSITIVE LANDS PROTECTION PLAN (ONLINE) Based on the analysis, input, and work completed up to this point, our team will prepare a streamlined, and graphically appealing Online Sensitive Lands Protection Plan that will serve as the Executive Summary, linking data and maps from the ArcGIS Hub in Story Map format. The Logan Simpson team will develop an end product that is easily navigated and understandable to the public with minimal technical language or jargon. Content, layout, and format for the plan will be mocked up for discussion and through a workshop. It will integrate text, interactive maps, photos, and other multimedia content online. APPENDICES Technical details consolidated throughout the process will be placed under a separate covers for future reference attached to the ArcGIS Hub. ACCEPTANCE Following public review of the Draft Online Sensitive Lands Protection Plan, Logan Simpson will prepare final Story Map and physical copy of the Protection Plan for acceptance by the City of Bozeman. At this stage, Logan Simpson anticipates only minor revisions after each meeting based on public comments. After the approval, Logan Simpson will compile and submit all associated graphic links and files. Logan Simpson does not anticipate providing printed copies. ADDITIONAL ACCEPTANCE MEETINGS While this is a City of Bozeman project, we believe for this plan to be fully supported and implemented it should be accepted/approved by all jurisdictions with decision making authority over the recommendations. Logan Simpson will support the City in presenting to up to 6 additional Boards and/or Commissions across other agencies in person. Meetings: Up to 6 City acceptance meetings, agendas, materials, facilitation, and notes over no more than 3 trips (in-person) Deliverables: Preliminary and Final Recommendations that accomplish specific goals with measurable outcomes Preliminary Draft Protection Plan for Public Review for staff and Working Group Review Preliminary Draft Online StoryMap Protection Plan for staff and Working Group Review Public Draft Protection Plan for Public Review for staff and Working Group Review Public Draft Online StoryMap Protection Plan for staff and Working Group Review Final Protection Plan & Online StoryMap for acceptance City Roles: Review/approve the above deliverables. Provide consolidated and reconcile conflicting comments Assist in City acceptance meetings: scheduling, staff report, and rehearsal 229 Labor Expenses Total Task 1 - Partner & Community Engagement Project Management Coordination (Monthly for 16 months)$10,412 $0 $10,412 Community Engagement Plan $1,275 $0 $1,275 Project Website Set up $3,178 $0 $3,178 One-on-One Interviews (Virtually)$7,055 $0 $7,055 Statistically Valid Survey $1,140 $24,000 $25,140Working Group Meetings (x4 - two in-person) & County Coordination (3 virtual)$18,260 $5,200 $23,460 Community Engagement Series (x3 - all in-person)$16,097 $6,000 $22,097 Subtotal Task 1 $57,417 $35,200 $92,617 Task 2 - Literature Review Define study area & Prelminary Plan Outline $1,558 $0 $1,558 Existing Plan and Policy Review $4,780 $150 $4,930 Subtotal Task 2 $15,928 $225 $16,153 Task 3 - Data Collection Develop data portal on ArcGIS Hub $2,025 $0 $2,025 Collect Data & Organize on ArcGIS Hub $4,912 $0 $4,912 Data Gap Report $5,692 $0 $5,692 Public Review of Data and Revisions $2,104 $0 $2,104 Subtotal Task 3 $14,733 $0 $14,733 Task 4 - Spatial Tools Develop modeling methods $5,870 $0 $5,870 Develop models $11,864 $0 $11,864 Display results $6,838 $0 $6,838 Public Review of Model and Revisions $1,710 $0 $1,710 Subtotal Task 4 $26,282 $0 $26,282 Task 5 - Recommendations Preliminary Recommendations & Indicators $12,906 $0 $12,906 Revised Recommendations & Indicators $3,812 $0 $3,812 Online Protection Plan (Story Map)$12,466 $0 $12,466 Appendices $3,384 $0 $3,384 Protection Plan (Physical Copy)$12,925 $0 $12,925 Protection Plan Acceptance (1 meeting in-person)$5,264 $1,000 $6,264 Additional Acceptance Meetings (Not to exceed) In-person $16,745 $3,255 $20,000 Subtotal Task 5 $67,502 $4,255 $71,757 GRAND TOTAL $181,862 $39,680 $221,542 Gallatin County Sensitive Lands Protection Plan June 27, 2022 OVERALL TOTALS Page 1 of 1 Exhibit B 230 CITY OF BOZEMAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN PROPOSAL SUBMITTED BY LOGAN SIMPSON APRIL 1, 2022 | 3:00 PM 231 PROPOSAL CONTENTS 1. EXECUTIVE SUmmary ��1 2. ProjECT managEmEnT and aPProaCh ��2 3. EXPErIEnCE wITh ProjECTS of SImIlar SIzE and dESIgn ��18 4. fIrm’S QUalIfICaTIonS ��23 5. ProPoSEd SChEdUlE ��29 6. PrICE ProPoSal ��30 7. rEfErEnCES ��32 8. affIrmaTIon of nondISCrImInaTIon ��33 232 CITY OF BOZEMAN | GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 1 213 Linden Street, Suite 300 Fort Collins, Colorado 80524 P: 970.449.4100www.logansimpson.com LOGANSIMPSON1. EXECUTIVE SUMMARY April 1, 2022 Jon Henderson, Strategic Services Director and Mike Maas, City ClerkCity of BozemanMT PO Box 1230 Bozeman, Montana 59771-1230 agenda@bozeman.net Regarding: Gallatin Valley Sensitive Lands Protection Plan Dear Mr. Henderson, Mr. Maas, and Members of the Selection Committee, Over the past decade, we have fallen in love with the Gallatin Valley while preparing Bozeman’s Community Plan and Climate Plan, the Big Sky Community Vision and Strategic Plan, and Growth Policy Updates for Gallatin County and the communities of Three Forks and Manhattan. Going back even further to when Gallatin Valley Land Trust founder Chris Boyd was convening conservationists for the first time, our team members were laying the groundwork for what would become the Larimer County Open Lands Program (1993), the Help Preserve Open Space sales tax (1995), and similar local government programs and land trusts throughout Colorado and the Rocky Mountains. Now, in Logan Simpson’s 32nd year, we have a demonstrated track record of transparently marrying community values with the best available science to identify where the highest scenic, wildlife, recreation, and historic priorities remain, and how these priorities interface with other responsible growth priorities such as affordable housing and tourism. We are passionate about and specialize in strategic open space master planning, community planning, and design of recreation facilities in sensitive natural resource areas. “Ahkoto Waktai Sakum,” which translates to “Many Come Together,” represents our vision for public engagement, as well as how GIS modeling of the river systems, critical habitats, and conservation opportunities will come together. Logan Simpson routinely works with the most enviable Mountain West communities, and understands the strategic choices necessary to protect lands, balance property rights; maintain agricultural lands and industry manage tourist population and access, maintain affordable housing, and fund community services long-term. Our consensus-making skills include visioning, strategic planning, resource mapping and modeling, and interagency facilitation. We are devoted to creating a science-based, politically-supportable plan that meets the long-term conservation-development vision of the Sensitive Lands Working Group. This team has been specifically tailored to meet the needs of the communities throughout the Gallatin Valley; it will be led by Jeremy Call, principal and an environmental planner, with specialized focus on conservation, scenic resources, recreation, and public process. Award- winning project manager Kristina Kachur will guide the public lands and open space planning and day to day coordination between the City, the Valley’s Sensitive Lands Working Group, and the consultant team. We are supported by in-house specialists in GIS analysis, open space modeling, recreation management, land use planning, and code. Logan Simpson, founded in 1990, is home to more than 130 staff members across our six offices in Tempe, Tucson, and Flagstaff, Arizona; Salt Lake City, Utah; Reno, Nevada; and Fort Collins, Colorado (from where this work will be completed). Our team also brings geospatial designer Breece Robertson, who combines technology and storytelling to inspire, activate, educate, and engage people as the Director of Partnerships at the Center for Geospatial Solutions at the Lincoln Institute of Land Policy. We have included four optional tasks not anticipated in the RFP: • Jeff Haugen with Left Brain Concepts can develop a statistically-valid survey to quantify sensitive land values across each community, so that the subsequent GIS model reflects what people care about. • A literature review highlighting the economic benefits of sensitive lands conservation to reinforce the importance of the study. • Momentum and commitment will build as each community or organization in turn adopts (or approves or accepts) the plan. We are available to help staff in each community hold public hearings to adopt the plan recommendations. • Memorable photography and video is an excellent way to illustrate the awe-inspiring landscape, tell the story, and motivate change. Motion Digital can develop a short video that brings the Valley’s cultural and natural heritage to life. Logan Simpson acknowledges response to our questions dated March 23, 2022, as well as receipt of additional response to questions on March 30th. This type of planning is exactly what we love to do, and we are excited and eager to continue serving the Bozeman community. Respectfully submitted, Jeremy Call, Project Principal and Authorized Contact Kristina Kachur, Project ManagerP: 970.494.4100 ext. 4805 970.449.4100 ext. 4810E: jcall@logansimpson.com E: kkachur@logansimpson.com 233 2 LOGAN SIMPSON SUBMITTAL 2. PROJECT MANAGEMENT AND APPROACH PROJECT UNDERSTANDING It would be our privilege and our passion to assist in creating the Gallatin Valley Sensitive Lands Protection Plan together. Gallatin Valley is an inspiring landscape, rich in human and natural history, home to abundant wildlife, and supporting world-class outdoor recreation opportunities. Outside Bozeman and the Valley’s smaller cities and towns, much of this land remains agricultural or undeveloped and provides essential habitat and movement corridors for grizzly bears, mountain lions, eagles, elk, mule deer, and moose . Forested streams hold cutthroat and Arctic grayling. The Gallatin Valley is also facing unprecedented growth in population, skyrocketing housing prices, and tourism. Recreation demand is seemingly infinite, limited only by the supply of publicly accessible areas and our tolerance of crowding. The population is growing faster than the state and has increased 71% in the past 20 years, and the Valley could be expected to include more than 200,000 residents by 2040. This growth has mobilized support for traditional agricultural practices, preservation of wildlife corridors, mitigating conflicts between traffic and wildlife, and protection of scenic views. Now on the heels of the Gallatin County Growth Policy, which saw high levels of public concern and comment for wildlife and wildlife habitat issues; and Bozeman’s Community and Climate plans is the opportune time to assess and proactively protect the values that old timers and newcomers cherish . This Sensitive Lands Protection Plan seeks to find greater balance in the Gallatin Valley. The Plan will highlight sensitive land priorities through a robust GIS model, make intangible values and natural assets more tangible, recommend how to protect the most sensitive resources, while helping identify the benefits and best practices of developing in harmony with the natural environment. Our hope is that the final model will influence the County’s Future Land Use Plan. Most importantly, the guide must facilitate dialogue between the city, county, agencies, stakeholders, and developers to result in a win-win solution. Past successes of community-supported long-range plans in Gallatin Valley. The Logan Simpson team understands what is takes to gain community support for, and ultimately adopt forward-thinking plans in Gallatin County and have worked with many of the agencies and stakeholders that are integral to this planning effort. Megan Moore and Bruce Meighen, land use and facilitation advisors to this planning effort, were instrumental to the development and adoption of the Bozeman Community Plan and Climate Action Plan; and Gallatin County’s Growth Policy. Three Forks, and Manhattan’s growth policies are currently nearing adoption. Our community-driven planning philosophy is that growth and change should only occur in a way that fits a community’s needs and values. We also believe that a community’s vision and goals must be grounded in reality (aka, this project) so that planning documents are meaningful, forward-thinking, and actionable. Count on us to champion and: • Consider the Sensitive Lands Working Group interests comprehensively. • Respect private property rights. • Enhance, not detract from, partnerships. • Celebrate the Valley’s intrinsic natural and agricultural characteristics – what makes it “home”. • Gather (and present) ideas in a noncontroversial way. Of the 1,685,617 acres of land in Gallatin County, 53% is in private ownership. Of the 886,074 acres of private land in the County, nearly 130,000 acres are placed under conservation easement – of which 36,000 acres have been conserved through Gallatin County’s Open Lands Program. Accomplishing conservation at that scale is phenomenal. 234 CITY OF BOZEMAN | GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 3 Planning for the Greater Yellowstone Ecosystem Understanding our role in the Greater Yellowstone Ecosystem can help ensure the long-term sustainability of the City and County. Our plans within the larger region include the Jackson-Teton County 2012 and 2021 Comprehensive Plans and the Teton View Regional Plan for a four- county, seven-city region that straddles two states adjacent to Yellowstone and Grand Teton National Park. The plans are reversing Teton County’s trend toward outlying unincorporated development and redirecting nearly all development within towns to preserve adjacent lands. Logan Simpson also completed the Jackson-Teton County Workforce Housing Action Plan and is beginning work on the Housing Strategic Plan, which ensures people who work in Jackson can live there. We have also worked on smaller, outlying towns such as Driggs and Victor, Idaho, who are focusing on housing variety, affordability, character, downtown, and habitat and agricultural preservation. In-house multi-disciplinary team Our Logan Simpson team is highly integrated to include land use planners, code specialists, wildlife and wetland biologists, GIS modelers, and landscape architects. A collaborative planning process begins with gaining consensus on a science- and community-based vision. As we have demonstrated with the above plans, consensus is most often achieved by a thorough and deliberate stakeholder engagement program that identifies the key issues, ideas, and challenges at the outset, and engages people in meaningful, and productive dialogue guided by a team of experts. Logan Simpson has a team of experienced biologists who have completed biological reviews; biological assessments and evaluations; wildlife/species surveys and habitat evaluations; rangeland health assessments; and invasive, native, and sensitive species plant surveys. Our biologists also have extensive experience in the regulatory requirements of the Migratory Bird Treaty Act, the Federal Land Policy and Management Act, and other wildlife and environmental laws and regulations. Other regional planning efforts include integrating development with wildlife corridors into the foothills of the East and West Benches of the Salt Lake Valley. The Blackfeet Nation calls this area “Ahkoto Waktai Sakum,” which translates to “Many Come Together” country. Ahkoto Waktai Sakum is our vision for public engagement and resource mapping. 235 4 LOGAN SIMPSON SUBMITTAL Experience with County and Federal land management planning We frequently work with the Bureau of Land Management, National Park Service, US Forest Service, and other federal agencies on resource management and recreation area management plans and NEPA. We also have worked for state and local agencies throughout the West to develop open space and trails plans; develop land management plans that included the goal of influencing federal land management actions; county-wide shared conservation visions; and community plans adjacent to federal lands. Conservation GIS and open space priority models We bring decades of conservation GIS experience and will share the impact of other local models in delivering a vision for success. Our goal is to create maps that: • Tell compelling stories to stakeholders and the public• Analyze access to nature equity • Show the economic benefits of conservation • Map, model, and analyze land characteristics to enhance biodiversity, connectivity, and climate resilience • Leverage maps and data to gain insights for fundraising, program initiatives, policy, advocacy, finances, and marketing Like the real-life examples in Breece Robertson’s must-read “Protecting the Places We Love,” Logan Simpson’s open space GIS prioritization models have garnered awards large and small, but more importantly have conserved places we love. Logan Simpson will work with the stakeholders to craft criteria based on community values, collect the best available GIS data, and analyze eligible land parcels and natural resources to create a GIS supported output of the most significant sensitive lands. 47% of Gallatin County is publicly owned and managed by federal and state agencies, such as the Bureau of Land Management (BLM), US Forest Service (USFS), National Park Service (NPS), Montana Fish Wildlife and Parks (FWP), Montana Department of Transportation (MDOT), and Department of Natural Resources and Conservation (DNRC); and local governments. and 0.20 percent sales taxes that are estimated to yield up to $500 million over a 30 year period. LAND CONSERVATION STRATEGIES The master plan defines a three-fold strategy, shown on the previous page: 1) cooperative agreements with Federal and County agencies for lands north of State Route 74; 2) coordination and cooperative planning of State Land parcels that contain natural, scenic, and/or significant cultural sites; and 3) discussions with willing private land owners to obtain conservation easements, dedications, or acquisitions for identified significant parcels or portions thereof. All of this will be accomplished in partnership with other departments, agencies, interest groups, and active citizen involvement. POTENTIAL PROJECTS A variety of potential conservation projects has been identified, Several examples are listed below: ▪Continuing efforts to pro- tect and enhance the Agua Fria corridor ▪New River Dam Regional Open Space ▪Agricultural land protection ▪Black Mountain Open Space ▪Calderwood Butte Open Space ▪Prince Mountain Open Space THIS PLAN RECOMMENDS A THREE PRONGED STRATEGY FOR THE THREE DISTINCT TYPES OF LAND OWNERSHIP, AND SECONDLY, PROPOSES A SPECIFIC REVENUE TOOL IN ORDER TO SATISFY PUBLIC DEMANDS FOR OPEN SPACE AND PASSIVE RECREATION. [] THE CITY OF PEORIA IS DETERMINED TO PRESERVE AND MANAGE THE BEST OF THE AREA’S UNIQUE ECOLOGY, CULTURAL HERITAGE, AND BEAUTY THROUGH THE SONORAN PRESERVATION PROGRAM.[]Sensitive lands model from Peoria Open Space Analysis Our work on recreation and open space plans have received the following awards: 2021 – American Planning Association (APA) Colorado “Top Award” in Sustainability Category for Estes Valley Open Space Plan 2020 – APA Utah: Chapter “Award of Merit” for Wasatch Canyons Comprehensive Plan 2019 – APA Colorado: “Honor Award” for Larimer County Mountain Resilience Comprehensive Plan 2016 - Arizona Forward: Public Policy Plans “Award of Merit” for Peoria Sonoran Desert Preservation Program 2016 – APA Utah: “President’s Achievement Award” for Draper Open Space Plan 2015 – Idaho APA “GEM Award” and Idaho Smart Growth “Planning & Policy Award” for Teton View Regional Plan for Sustainable Development 2014 – Society of Outdoor Recreation Professionals “Project Excellence Award;” APA National and the National Association of County Planners “Award of Excellence;” and American Society of Landscape Architects Colorado “Stewardship Award” for Our Lands - Our Future: Recreation and Conservation Choices for Northern Colorado 236 CITY OF BOZEMAN | GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 5 PROJECT APPROACH The Logan Simpson Team is committed to providing the City staff with excellent customer service. Our team’s success can be attributed to the successful project management, leadership, and organizational skills we maintain for each project. Our success is based on utilizing tools that make it easy to obtain information and participate in the process, reaching participants who may not typically engage. We will identify, up-front, your goals and objectives for the project’s public and stakeholder outreach and participation. The following section details Logan Simpson’s methodology and approach to accomplishing the proposed scope of services, including a summary of specific meetings, deliverables, and City roles at the end of each major task. TASK 1 PUBLIC AND STAKEHOLDER ENGAGEMENT ProjECT managEmEnT CoordInaTIon Upon contract commencement, Logan Simpson will coordinate with the City Project Management Staff to refine and finalize the schedule and public engagement plan. At the virtual project management kickoff meeting, we will establish bi-weekly or monthly coordination calls to be held virtually so everyone can put it on their calendars. We envision in-person meetings during key milestones when planned during other meetings in Gallatin County. The Logan Simpson team, of course, will be available throughout the project via cell phone, office phone, and email. PUblIC EngagEmEnT Plan Logan Simpson’s approach in all of our work is to achieve excellence through collaboration. This requires a deliberate and sustained effort to fully understand the community’s needs, provide solution-oriented communication, and having the ability to sustain a nonpartisan, inspirational attitude throughout the project. We understand the need to gain definitive input from stakeholders and the public throughout the process and use techniques geared to reaching specific meeting objectives. Roles, decision-making authority, and make-up of the various project groups, including the project management and leadership within the City and Gallatin County, as well as stakeholders and the public will be listed and defined. Knowing the ultimate role of key partners early in the process will help the project be successful in the long run. We will right-size the engagement strategies, meeting facilitation, schedule, and notifications for each group. ProjECT wEbSITE Logan Simpson is very familiar and could use with Bozeman’s public engagement website, Engage Bozeman. Given the nature of this project, we envision creating a one stop shop via ESRI’s ArcGIS Hub. This project website platform is equally capable of providing project updates and will allow the public to review, comment on, and even download (if desired) the detailed GIS data and analysis required in this RFP. The project website will include a link to register to get involved, a project timeline, project contacts, and additional resources. Additional details are described in Tasks 3-5. STakEholdEr InTErVIEwS Our team will announce the initiation of this project and hold group and one-on-one stakeholder interviews with key stakeholders. This will include a discussion with various City and County staff and leadership, including Boards and Commissions, as well as members of the Planning Coordination Committee and the Gallatin Sensitive Lands Working Group. Key questions will include: Who are we missing? What does success look like? What case studies, literature sources, and/ or best practices would you recommend? What data should we consider? And to inform the development of initial survey questions, what are key values and tradeoffs to understand across the Valley? We have begun early conversations with the Montana Natural Heritage Program and University of Montana’s Spatial Analysis Lab to understand their data availability. In tandem with Task 2, we will meet with these research agencies to understand the data history, limitations, and modeling scenarios completed to date. We have found that successful wildlife habitat models are built over a lifetime of understanding and partners. Working with these groups will ensure the data reliability needed in this process. 237 6 LOGAN SIMPSON SUBMITTAL workIng groUP & CoUnTy CoordInaTIon Following the initial round of stakeholder interviews, we will convene meetings with the Gallatin Sensitive Lands Working Group throughout the process. Two in-person and two virtual meetings are envisioned for a total of four meetings. Meetings will involve worksessions to review materials and provide guiding direction prior to public review. • Meeting 1 – Review data collection and literature review and provide input on project goals • Meeting 2 – Review modeling methods • Meeting 3 – Review modeling results and provide input on preliminary recommendations • Meeting 4 – Provide input on recommendations Throughout our work on previous planning efforts in Gallatin County, we have worked with the majority of the Gallatin Sensitive Lands Working Group which includes: • Animal Welfare Institute • City of Bozeman • Craighead Institute • Gallatin County • Gallatin Valley Land Trust • Gallatin Watershed Council • Gallatin Wildlife Association • Montana Fish, Wildlife & Parks • Montana Freshwater Partners • Sacajawea Audubon Society • Sierra Club • U.S. Fish & Wildlife Service • U.S. Forest Service • Yellowstone to Yukon Conservation Initiative 238 CITY OF BOZEMAN | GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 7 Beyond the Working Group meetings, Logan Simpson proposes additional coordination with the County. These meetings will be specific to land use recommendations that would likely fall to the County to implement. Up to three additional meet-ings are anticipated to occur virtually, unless in tandem with other trips to Gallatin County. STaTISTICally ValId SUrVEy (oPTIonal) Sensitive Lands hold a myriad of community values. The more the model aligns with community values, the more readily the results will be accepted and effect the desired change. At the client group’s discretion, Logan Simpson will work with Left Brain Concepts early in the process to develop a statistically valid mail survey with the option to respond electronically. We will work with Bozeman to develop a 4- to 6-page survey that will be mailed to 3,500 residents across the Gallatin Valley. We begin with an exhaustive list of households in the community - including individual units in multi-family developments - and mail to a random sample of households. This has been the standard in sampling for decades; to be able to defend the results with a sample size of 600- 700 responses. Responses would be held in an ASCII data file as numerically coded data. Answers to each question will be double-entered to ensure accuracy. This is the industry standard in paper-and- pencil survey research and is the most accurate method of recording information from surveys. We will capture people’s responses to any open-ended questions verbatim, will code the responses and enter them into the data file. LBC will compile the results, produce percentages for each response, and perform numerous data splits and statistical analyses using a powerful software package. Results will be spilt by jurisdiction and length of time residency in the Valley. If a statistically valid survey is not desired, $5,000 for setup and analysis will be utilized to complete an online survey in Public Engagement Series #1. 9OPEN SPACE AND TRAILS STRATEGIC PLAN DRAFT PRIORITIES FOR PROTECTION I believe that open spaces and trails are a good investment for our community.Even if I don’t use trails and open spaces myself, I think it’s important that they exist. Children need access to open spaces as they grow. I am more likely to bike or walk to a destination if there are trails that lead there. 0 100 200 300 400 500 Number of Responses Blus & Arroyos Agricultural Lands Watershed & Drainage Areas Wetlands Riparian Areas River Corridor Lakes and Ponds Trail Corridors Wildlife Habitats HIgh Priority Priority Low Priority Public opinions shaped sensitive lands priorities for the Windsor Open Space & Trails Strategic Plan Determine Sensitive Land Categories and Public Values Develop Criteria and Weights for each Category Collect Data for each Criteria Model and display results Refine Results Develop Recommendations 239 8 LOGAN SIMPSON SUBMITTAL PUblIC EngagEmEnT SErIES Each public engagement phase below includes a distinct outcome-oriented outreach series with hands-on and high-tech outreach methods tailored to the audience and desired outcomes. This process uses trust, credibility, and process to create consensus. Each series will involve a public meeting in a centrally located area and opportunities to provide input online. #1: Review of data and visioning After initial literature review and data collection outlined in Tasks 2 and 3 below, we will reach out the broader public for review of the data to ensure no further gaps remain and define the planning context. This series will also collect feedback on the plan’s vision and goals based on the data and statistically valid results. We will collect information on the community’s values to determine importance as we move into developing the model methods. This phase could be paired with an online survey if the optional statistically valid survey is not completed. #2: Review of modeling results and preliminary recommendations After developing the modeling scenarios in Task 4 below, we will again review the data and mapping with the public and begin initial development of preliminary recommendations. Logan Simpson will work the Working Group and City to host a public, keynote speaker event similar to a TEDx talk, modeled after the successful TEDxBozeman. Initial conversations with TEDxBozeman indicate that they will be restructuring after this week’s event, and are not able to commit now to a 2023 partnership. If we are not able to partner with TEDxBozeman, our event will be smaller yet still educational and thought provoking by encouraging people to think past their daily lives and discuss how changing demographics and climate will affect the future. Attendees will help identify the sensitive land priorities based on these presentations for the Gallatin Valley. The event will include live streaming on social media sites where interested parties that are not able to attend in person can listen-in as well as provide comments and as questions. Speakers could include experts from the Working Group, Montana Natural Heritage Program, University of Montana’s Spatial Analysis Lab, GIS storyteller Breece Robertson, conservation specialists, and land use advisors. After the public event, the “TED Talks” will be posted online and a survey will be provided to allow for additional input. The City would provide a meeting venue and expenses could be used for speaker honorariums and refreshments. Many of our planning efforts include detailed map review, which is key to understanding the community priorities. 240 CITY OF BOZEMAN | GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 9 #3: Draft Plan Review Once recommendations are developed with the Working Group/Stakeholders in Task 5, the recommendations and plan will be reviewed with the public. Meetings & Deliverables: • Staff Kickoff Meeting agenda, materials, facilitation, and summary • On-going biweekly project management coordination meetings• Draft and Final Public Engagement Plan • Stakeholder interview coordination, facilitation, and summary • Working Group meetings agendas, materials, facilitation, and notes. Zoom logistics for virtual meetings • Public meeting plans, notifications, website updates, materials, facilitation, and summary for each public engagement series.• Statistically Valid Survey Report or online survey summaries City Roles: • Review/approve the above deliverables. Provide consolidated comments. • Communication and coordination with the Working Group and reserve meeting locations, notify meetings, and provide refreshments. • Provide access to Bozeman Enterprise GIS Account (no fee included for additional purchases).• Public meeting coordination with City engagement staff to coordinate meeting locations, distribute public meeting notifications, and assistance at meetings. • Communication and coordination with City elected officials. The Jolt Our Future event showcased three speakers plus the Mayor as emcee and engaged over 100 participants in Navigating Farmington’s Future. 241 10 LOGAN SIMPSON SUBMITTAL TASK 2 LITERATURE REVIEW dEfInE STUdy arEa An important decision early in the process will be definition of the “Gallatin Valley” study area. Is it limited to a portion of Gallatin County, (the greater Bozeman area), the entire county, or does it include the Gallatin Valley Land Trust’s broader headwaters region of the Missouri and Yellowstone Rivers including Gallatin, Park, Madison, and Meagher counties in Southwest Montana? GIS model results will be more reliable if the data collected uniformly covers the entire study area. For costing purposes, we assume it is no more than 750,000 acres – essentially the remaining unconserved private land in the County. EXISTIng Plan and PolICy rEVIEw We will review past plans, studies, and regulations related to the Gallatin Valley. For each plan, we will note data by resource, key priorities and values, and identify where conflicts may arise. Plans will include Critical Lands Study of the Bozeman Area (1997), City of Bozeman’s Community Plan (2021) and Climate Plan (2021), Gallatin County’s Growth Policy (2021) and Triangle Community Plan (2020), the Montana State Wildlife Action Plan, Montana Subdivision and Platting Act Montana Department of Fish, the Wildlife and Park’s Fish and Wildlife Recommendations for Subdivision Development, publications by Montana Natural Heritage Program, among others. CaSE STUdy rEVIEw & doCUmEnT PorTal With input from the stakeholders and Working Group, we will develop and review a list of case studies and existing models. We will compare case studies for applicability in modeling methods and policy recommendations to protect sensitive lands. We will provide a summary of the connectivity between stressors and impacts and, if needed, identify data gaps and conflicts in recommendations. A few case studies may warrant further evaluation, including author interviews, funding, and code review to assist in the development of preliminary recommendations. We will interview planners/analysts about how their programs worked/did not work and what they would have done differently. We will post the most relevant case studies and documents on the project website and highlight key themes in a summary report. EConomIC analySIS of ConSErVaTIon bEnEfITS (oPTIonal) An extensive body of research has been developed that documents the economic benefits of natural areas and the outdoor recreational benefits they provide. Some of these benefits are more standard, e.g., a direct increase in property values on parcels adjacent to protected areas, while others are more broadly distributed such as ecosystem service benefits or economic costs from reduced cost of government services, recreation and tourism, agriculture industry, and government cost savings. We will summarize prior research in a memo format. Deliverables: • Draft and Final Existing Plan Review Report • Draft and Final Case Study Review Report • Project website update and document portal • Draft and Final Economic Analysis literature review memo City Roles: • Minor assistance in gathering existing plans and policies, if not publicly posted. • Review/approve the above deliverables. Provide consolidated comments. 242 CITY OF BOZEMAN | GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 11 TASK 3 DATA COLLECTION dEVEloP daTa PorTal on arCgIS hUb We will create an online application on ESRI’s ArcGIS Hub to share data and a narrative to engage the public. The online application is intended to be educational and show data transparency with publicly available from multiple supporting agencies on interactive maps. Some sensitive data is likely needed for the analysis and will be made available only to authorized users. CollECT daTa & organIzE on arCgIS hUb With guidance from the stakeholders, Logan Simpson will use the best available GIS data applicable to the project. The data will be organized into a single geodatabase environment. Metadata beyond origin source, year, and point of contact will not be added to the original data. Any changes to data description will be directed towards the source. Some examples of data types may include, but are not limited to: • US Forest Service (Key linkage Areas and other Designated Areas, ROS, SIO, WSR,) • Lakes and streams • Rock outcrops (determined via USGS land cover raster data)• Highly visible areas (determined via viewshed analysis from major highways) • Transportation (trails and roads) • Land Cover • Wildlife (T&E habitat, Concentration Areas, raptor nesting, Species of Concern Occurrence, Predicted Biodiversity from MTNHP, movement corridors) • Wetlands • Riparian areas • Existing protection lands• National Register of Historic Places• Prime Soils/Ag lands • Centennial Farms • Other City/County Layers (parcels, contours, zoning, urban waterways, imagery, etc) Big Thompson River Corridor Master Plan slider bar graphic and which was used to view before and after imagery of the 2013 flood event. 243 12 LOGAN SIMPSON SUBMITTAL daTa gaP rEPorT We will summarize the review of GIS data in a data report and post relevant and publicly available data to ArcGIS Hub. The Working Group will review the Data Gap Report. PUblIC rEVIEw of daTa and rEVISIonS Issues identified within the first public meeting series will be considered and recorded. Any datasets or issues that have changed over time may be presented cartographically by using an interactive slider bar for the public to compare data. These datasets may include: • Urbanization• Wildlife movement corridors • Changes in landcover • River movement Meetings & Deliverables: • Agreed upon method to present and share the data (ArcGIS Hub, Story Maps, standard geodatabase) • Meetings to address any GIS data gaps • Staff and partner GIS status meetings (beyond full Working Group Meeting in Task 1) • Draft and Final Data Gap Report City Roles: • Provide existing City GIS data layers • Provide access to Bozeman Enterprise Account (no fee included for additional purchases) • Review/approve the above deliverables. Provide consolidated comments. Resource inventory of the City’s acquisition helped us to understand the future of conservation, recreation, and development. As part of the public involvement plan, open houses were held to introduce alternatives, explain recommendations, and garner support for the plan. Map excerpts of the Natural Resource Sensitivity, Recreation Demand, and Management Zones. J a c o b sL a d d e r L o n eR o c k S t e e p M o u n t a i n E q u e s t r i a n C e n t e r C o u n t yF l i g h tP a r k R e dR o c k P o t a t o H i l l C o r n e r C a n y o n S u n c r e s t Gh o s t Fa l l s L i t t l eV a l l e y M e r c e r H o l l o wH o g H o l l o w S o u t h M a p l e H o l l o wFort CreekProvo Reserv o i r C a n a lGalenaCanalJordanRiver DryCreekJordanandSaltLakeCanal EastJo rd a n C ana lDraperIrri g a tio n C o C a n a lNatural Resource Sensitivity Date: 4/26/2016 Base Map Items Streams Draper City Limits Forest Service 00.510.25Miles µUUttaahhSSaallttLLaakkeeLegend Low SensitivityHighSensitivityFort CreekProvo Reserv o i r C a n alGalenaCanalJordanRiver DryCreekJordana n d S alt LakeCanal E a s tJ o rda n C a nal D ra p e rIrrig a tio n C o C a n a lManagement Zones Date: 4/25/2016 Base Map Items Draper City Limits Counties Forest Service Existing Trails Streams 0 0.5 10.25 Miles µUUttaahhSSaallttLLaakkeeLegend Frontcountry Backcountry Resource Protection Protected Watershed Area (No dogs) Critical Watershed Area (No domesticated animals) Note: Dogs must be leashed at all times in non-restricted areas 244 CITY OF BOZEMAN | GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 13 TASK 4 SPATIAL TOOLS dEVEloP modEl mEThodology Data collected above will be categorized into an agreed upon scheme (wildlife, hydrology, etc.). The Working Group will confirm the categories of resources to map and approve the best available data for each of the categories. Logan Simpson will work with the stakeholders to develop model criteria. Criteria will reflect community values and focus on highlighting environmental sensitive areas where opportunities for preservation exist. We will facilitate two Working Group (or a subcommittee) virtual workshops on range of modeling methodologies to arrive at a preferred methodology. We will document the methods in a report. dEVEloP modElS Working with the City GIS staff and key GIS Partners, Logan Simpson will develop and test a reusable model within Model Builder. A static series of scenario-based maps will be developed. Some scenarios will reflect changes to weighting, while other scenarios may include a unique suite of data. We have anticipated three rounds of iterative maps to test and calibrate the model. dISPlay rESUlTS on arCgIS hUb We will work to display the static results on ArcGIS Hub for public review. Meetings: • Staff and partner GIS status meetings (beyond full Working Group Meeting in Task 1) Deliverables: • Draft and final Methodology Report • Draft, revised, and final maps City Roles: • Review/approve the above deliverables. Provide consolidated comments. OUR LANDS - OUR FUTURE OUR LANDS, OUR FUTURE Recreation Conservation Choices for Northern Colorado GIS Modeling Criteria and Methods | January 2013 | Page 4 Criteria Criteria Weights Proximity Considered?Methodology Data (Date, Source) Vacant Parcels 0.9 No Undeveloped parcels were given priority. The following query identified vacant parcels from the Larimer County assessors database- Parcels between 2-35 acres no buildings- Parcels between 35-80 acres with less than 2 buildings - Parcels between 80-150 acres if less than 5 buildings- Parcels between 150-300 acres if less than 8 buildings- or parcels greater than 300 acresIn the Windsor GMA in Weld County, vacant parcels were defined as - Parcels between 2-35 acres with an improved actual value of $0- Parcels between 35-80 acres with an improved actual value of less than $200,000- Parcles greater than 80 acres. 2012 Larimer County parcels2012 Weld County parcels Adjacency to Public Open Space and Other Protected Land 0.6 Yes This models prioritizes parcels that are near existing conserved lands and conservation easements, such as Federal (Forest Service), State (State Stewardship Trust), County (Larimer County Open Lands), City, and non-profit and private conservation easements. State Board lands that are no protected in perpetuity were not included. 2012 COMaP Potential Conservation Areas 1.1 No This model prioritizes the 2010 Statewide Potential Conservation Areas (PCA) developed by the Colorado Natural Heritage Program (CNHP). The PCA's represent CNHP's best estimate of the primary area required to support the long-term survival of targeted species or natural communities. PCA refers to the ability of a conservation area to maintain healthy, viable, targets over the long term (100+ years), including the ability of the targets to respond to natural or human caused environmental change. The PCAs do not necessarily preclude human activities, but their ability to function naturally may be greatly influenced by them. PCAs at all scales may require ecological management or restoration to maintain their functionality and long term persistence. The PCAs that were rated as High, Very High, and Outstanding Biodiversity Significance were incorporated into the model. 2010 Statewide Potential Conservation Areas, Colorado Natural Heritage ProgramFor more information:http://www.cnhp.colostate.edu/download/gis.asp Critical Wildlife Habitat Areas 2.5 No Severe winter range, concentration areas, production areas, migratory corridors, nest sites, for Bald Eagle, Bighorn, Great Blue Heron, Greater Sage Grouse, Moose, Osprey, Peregrine Falcon, Pronghorn, River Otter throughout Larimer County as determined by Colorado Parks and Wildlife.2012 Colorado Parks and Wildlife, Species Activity Mapping Riparian Areas, Rivers, Water Bodies, and Wetlands 1.4 Yes To identify water quality, water supply, and riparian corridor priorities, this model utilized hydrology and riparian vegetation. 1) Riparian vegetation inventories were not available for the entire extent of Larimer County. Two Fish and Wildlife Service datasets covered one-half of the County and were merged into one layer for greater coverage, then buffered by 100 feet. 2) For areas not covered by the CDOW and FWS riparian datasets: - Perennial rivers were buffered by 300 feet. - Intermittent rivers were buffered by 100 feet.- Water bodies were buffered by 100 feet. - Wetlands were buffered by 100 feet. Fish and Wildlife ServiceFor more information:http://ndis1.nrel.colostate.edu/riparian/riparian.htmESRINDISNational Hydrography Dataset2007 Larimer County, Cooper + Merit inventory Natural Resource and Wildlife Areas Criteria and Weighting Rationale: Data indicating landscapes with high ecological values, critical habitta, water resources, and/or unique resources were modeled as shown below to depict overall priorities for Natural Resource and Wildlife Areas. Partners and county-wide survey established criteria and criteria weights for the Our Land, Our Future Recreation Conservation Choices for Northern Colorado. Natural Resources and Wildlife Areas was one of the four topic areas addressed. 245 14 LOGAN SIMPSON SUBMITTAL TASK 5 RECOMMENDATIONS PrElImInary rECommEndaTIonS & IndICaTorS Logan Simpson will present several ways to structure the plan’s implementation, and the City will select a preferred format, such as an implementation table that ties each recommendation to a funding source, regulatory tools or incentives, and a responsible organization. Based on the public and stakeholder feedback collected to date; data modeling results; and within the bounds of adopted plans, laws, and decision-making authority, Logan Simpson will identify preliminary recommendations related to: Funding Sources. Each priority resource (scenic, wildlife, recreation, or historic) opens the door to different funding sources. We will identify a funding source for each recommendation, emphasizing dollars available for conserving properties or capital improvements. Regulatory Tools. The Comprehensive Plan/Growth Policy and zoning, along with subdivision tools such as conservation developments, are instrumental to direction growth away from sensitive areas. We will recommend by agency how existing and new programs and policies can align with plan priorities. If there are conflicts between currently adopted plans, these will be documented and prioritized for revision. Incentives (TDR ). Logan Simpson’s code team is currently helping two western communities, Spanish Fork, Utah and Teton County, Idaho, develop Transfer of Development Rights (TDR) incentive programs with the goal of preserving irreplaceable agricultural and natural resources such as waterbodies, wetlands, wildlife habitat, scenery, floodplains, slopes, wildland-urban interface, and recreational access. Our team will work with City and County staff and attorneys to recommend how the right program. Partnerships. We will outline recommendations with the Working Group as well as other partners to determine who should most effectively and efficiently lead each initiatives to advance long-term goals. Indicators. To answer the question, “How will we measure success?” we recommend at a minimum a table with indicators, timelines, and adaptive management thresholds be included in the plan so that future leaders will know whether we are moving toward or away from the desired future condition. We would like to explore how to tie the indicators to the project website with a GIS indicators dashboard, as we recently did for Colorado Springs. (See graphic below). 246 CITY OF BOZEMAN | GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 15 rEVISEd rECommEndaTIonS & IndICaTorS We will post the recommendation on Konveio, another online service that we often use for collaborative document review. This tool has been extremely beneficial to our projects, especially to gather feedback on the draft plan, solicit input on design concepts, or even offer a self-paced virtual “open house” where participants can comment on the presented materials. We will revise the recommendations based on public input. Envision Gallatin embedded the Konveio tool on the project’s website for the Public Review of the Draft Plan. For Our Lands, Our Future, users can add or change open space data to explore current conditions; learn about four types of open space values in Larimer County; create their own open space weighting experiment for a particular area; and share their comments with the project team or others. 247 16 LOGAN SIMPSON SUBMITTAL onlInE SEnSITIVE landS ProTECTIon Plan Based on the analysis, input, and work completed up to this point, our team will prepare a streamlined, and graphically appealing Online Sensitive Lands Protection Plan, linking data and maps from the ArcGIS Hub in Story Map format. The Logan Simpson team will develop an end product that is easily navigated and understandable to the public with minimal technical language or jargon. Content, layout, and format for the plan will be mocked up for discussion and through a workshop. It will integrate text, interactive maps, photos, and other multimedia content online. The Preliminary Draft Online Protection Plan will be reviewed and then revised to present to the public. aPPEndICES Technical details consolidated throughout the process will be placed under a separate cover for future reference. rECommEndaTIonS EXECUTIVE SUmmary We will create a 4 to 8-page graphically appealing executive summary that highlights the plan process and goals, recommendations, and references the online ArcGIS Hub Site for detailed maps and text on analysis. The Foothills Natural Areas Management Plan was designed to exist online via an ArcGIS Story Map. The document consists of detailed narrative integrated with interactive maps. 2 Boulder County Larimer County Rocky Mountain National Park Pinewood Springs Glen Haven Drake Allenspark RooseveltNational Forest ")43 £¤36 £¤36 £¤34 £¤34 £¤34 UV7 UV66 Conservation Easements Estes Park TownBoundary National Park Service U.S. Forest Service Other Conserved Lands Unconserved Lands 0 52.5 Miles ´ Conserved Lands 3 Our Backyard THE ESTES VALLEY REGION For this Plan, the greater Estes Valley encompasses all the public and private land in the Estes Valley School District and Estes Valley Recreation and Park District. This includes the town of Estes Park and portions of unincorporated Larimer and Boulder counties, including, but not limited to, Drake, Glen Haven, Pinewood Springs, and Allenspark. However, since much of the Estes Valley is already conserved within Rocky Mountain National Park and Arapaho-Roosevelt National Forest, as seen on the map to the right, the maps throughout the Plan focus on primarily unconserved areas. The greater Estes Valley encompasses a wide diversity of ecosystems, including montane, subalpine, and riparian, and undeveloped foothills within the North Fork Big Thompson, Big Thompson, and Tahosa Valley. It hosts abundant populations of large mammals and birds such as elk, deer and raptors, and uncommon and elusive wildlife such as the tiger salamander, greenback cutthroat trout and painted lady (a butterfly). The Valley also supports a vibrant outdoor recreation economy and charming mountain communities. The landscape and sky offer many natural wonders – birds returning from migration and wildflowers blooming in spring, the tracks of a mountain lion, the brilliance of the Milky Way, and the experience of serenity in a wild place. For generations visitors have come to the Valley for a variety of activities across all seasons, especially as a summer respite, and to be close to this unique natural landscape. BY THE NUMBERS 329,000 Estes Valley Recreation District + School District 2019 STUDY AREA ACRES National Park Visitors 4.6 MILLION PEAKS OVER 13,000 FEET 16 Jobs in lodging and food services29% Annual Report Rocky Mountain Nation Park 2019 USGS 2019 Total Annual for 2019, Town of Estes Park Monthly Economic Dashboard SALES TAX COLLECTIONS (Town of Estes Park) 15 Threatened & Endangered SpeciesUSFWS 2019 Estes Housing Needs Assessment 2016 12,400Estes Valley Population 9,716 Estes Valley Land Trust 2020 ACRES CONSERVED by Estes Valley Land Trust $16.3 Million Estes Housing Needs Assessment 2016 30 In Closing What will the future of open space and outdoor recreation in the Estes Valley look like? Can we continue to grow the Valley’s economy while at the same time conserving our beautiful scenery, providing housing for all, and preserving our quality of life? By working together, in the next 10 years we could: • conserve another 5,000 acres • build 20 miles of sustainable trails on public lands; and • create new tools and partnerships that preserve: • Healthier wildlife, habitat, and ecosystems • Beautiful views of our iconic landscape • Sustainable outdoor recreation for all • Historic resources that tell our story • Sustainable growth that strengthens our economy IMPLEMENTATION ACTIONS The following strategic actions are needed to stimulate land conservation in the Estes Valley and help protect the quality of life we all share: 1. Adopt the plan at local levels. Endorsement of the Estes Valley Open Space Plan by local governments, special districts, and partnering organizations will build partnerships and create support for the Plan. 2. Integrate this plan’s principles into regional and state open space and outdoor recreation plans. Open space and outdoor recreation planning occurs at the county, regional and state level by Boulder and Larimer County, the USFS, Great Outdoors Colorado, and others. Integrating the Estes Valley Open Space Plan into these regional and state efforts will help provide funding to implement this plan. 3. Identify parcel-level conservation and outdoor recreation priorities with the Town of Estes Park and Larimer and Boulder counties. Specific areas of the Estes Valley will be identified for potential private land conservation (no public access), public open space (limited public access), and parks. 4. Provide funding to enable additional land conservation. The Estes Valley Land Trust will fundraise and work with Larimer and Boulder counties, the Town of Estes Park, Great Outdoors Colorado and others to reduce conservation easement transaction costs and purchase development rights or land. © Lucas Ludwig Graphic design in our illustrated Executive Summary will honor the region known as the ‘Valley of the Flowers”. 248 CITY OF BOZEMAN | GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 17 SUmmary VIdEo (oPTIonal) During the planning effort, Logan Simpson will coordinate a 2-day video shoot in order to interview people involved in the project, record elements of the community engagement, and capture b-roll footage. Early in the process, we prepare and submit a storyboard for review. In tandem with the preliminary recommendations, we will produce a 4 to 6 minute video. We anticipate live action footage and available B-roll from the Working Group to produce a draft video for review. The video will be high-energy and capture the spirit of the planning effort while effectively breaking down and sharing the key components of the plan. Our team will incorporate feedback on the draft and produce a final video based on one set of consolidated comments from the Working Group. adoPTIon Following public review of the Draft Online Sensitive Lands Protection Plan and Executive Summary, Logan Simpson will prepare final Executive Summary and Protection Plan for adoption by the City of Bozeman. At this stage, Logan Simpson anticipates only minor revisions after each meeting based on public comments. After the approval, Logan Simpson will compile and submit all associated graphic links and files. Logan Simpson does not anticipate providing printed copies. addITIonal adoPTIon mEETIngS (oPTIonal) While this is a City of Bozeman project, we believe for this plan to be fully supported and implemented it should be adopted/approved by all jurisdictions with decision making authority over the recommendations. Logan Simpson will support the City in presenting to up to 6 additional Boards and/or Commissions across other agencies virtually. Meetings: • City adoption meetings, agendas, materials, facilitation, and notes. Deliverables: • Preliminary and Final Recommendations • Preliminary Online Protection Plan & Executive Summary for staff and Working Group Review • Draft Protection Plan & Executive Summary for Public Review • Final Protection Plan & Executive Summary City Roles: • Review/approve the above deliverables. Provide consolidated comments and reconcile conflicting • Assist in City adoption meetings ESTES VALLEY OPEN SPACE PLAN A Shared Land Conservation Strategy https://evlandtrust.org/plan/ 249 18 LOGAN SIMPSON SUBMITTAL 3. EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND DESIGN ESTES VALLEY OPEN SPACE PLAN | A SHARED LAND CONSERVATION STRATEGY | COLORADO Logan Simpson worked with the Estes Valley Land Trust, the Town of Estes Park, Larimer County, US Forest Service, and Colorado Parks & Wildlife, as well as Housing Partners, to establish the first ever valley-wide strategy for conserving open space and outdoor recreation opportunities for future generations. The Plan provides a shared land conservation strategy for priority wildlife conservation areas, scenic views, and historic resources, and strategies for expanding outdoor recreation, where appropriate. The gateway to Rocky Mountain National Park has over 28,000 acres of non-conserved, unincorporated, private lands that could be developed. Most open space plans stop at identifying where natural and cultural values should be conserved. This plan uniquely recognizes that the highest and best use of some vacant land is to accommodate the affordable housing and economic needs of the constrained mountain town. Utilizing the best available science and community input, land use models prioritize lands with the highest scenic, wildlife habitat, historic, outdoor recreation, and housing values. The planning process involved a broad spectrum of residents and visitors who are passionate about nature and love to recreate in the outdoors, and who also are invested in the Valley’s economic vitality. The plan sought to break down barriers and move past the conservation vs. development dichotomy to conversations about secure a successful future for all. Increases in land use, visitation, population, and climate variability throughout Colorado and the Estes Valley have added significant pressures on the picturesque Rocky Mountain landscape. Much of that growth (100,000 people per year since 2015) has been in the Denver Metro and Northern Colorado area; places with easy access to Estes Valley. According to the Census, Estes Valley’s population has grown at a rate of nearly 7.8 % between 2010 and 2017 – roughly 1,000 new homes. In addition to development pressure, the Valley’s popularity and Rocky Mountain National Park alone has seen an increase in visitation from 2.9 million visitors in 2010 to 4.6 million visitors in 2019. Climate change is disrupting habitats by extending the fire season, reducing the snow cover, causing vegetation to change elevations, which in turn affects habitat quality and migration corridors. Distinguishing areas prime for conservation can help direct other areas where future development should be located. This Plan identifies both conservation and development opportunities to responsibly address those pressures and tools to protect natural and cultural resources. 10 Boulder County Larimer County Pinewood Springs Glen Haven Drake Allenspark ")43 £¤36 £¤36 £¤34 £¤34 UV7 UV66 Estes Park Town Boundary Conservation Easements Public Lands 0 42Miles ´ Wildlife Habitat Wildlife Conservation Priorities LowHighGOAL Protect large habitat blocks, migration corridors, riparian corridors, and rare plant and animal habitat to sustain a healthy ecosystem. Protecting Biodiversity Biodiversity in the broadest sense refers to the variety of living organisms, their habitats and the biological processes they depend on. Ecosystems that are biodiverse are generally healthier and more resilient after major disturbances, such as a fire. To maintain its rich biodiversity, Colorado’s forests and other plant communities require adaptive management, such as controlling invasive exotic plants, improving forest health and reintroducing threatened or endangered species or biological processes, such as periodic flooding. • Large habitat blocks - intact landscapes that provide a diversity of high-quality habitats • Wildlife corridors - migratory and movement corridors between habitat blocks Protecting large habitat blocks and wildlife corridors reduces habitat loss and fragmentation and protects biodiversity. PRIORITIES Conserve large habitat blocks near Allenspark, the North Fork of the Big Thompson, and private inholdings surrounded by conserved land. Increase wildlife corridor connectivity along Highway 34/Big Thompson and the North Fork, near Rocky Mountain National Park and Allenspark, and adjacent to public lands. Protect stream corridors and wetlands that feed into the Big Thompson, Little Thompson, and Fall rivers, St. Vrain creeks, and their tributaries. Work with private landowners and land managers to monitor forest health, improve wildlife habitat, and reduce the spread of invasive weeds. © National Park Service Plant species found in the Estes Valley help to stabilize sensitive soils along river margins and in wetland areas. They may provide the observant nature enthusiast with a showy spectacle in the hard-to-find moist areas of Colorado. 14 Boulder County Larimer County Pinewood Springs Glen Haven Drake Allenspark ")43 £¤36 £¤36 £¤34 £¤34 UV7 UV66 Estes Park Town Boundary Conservation Easements Public Lands Important Viewsheds onUnconserved Lands 0 42Miles ´ Open Space and Scenery A Sweeping Landscape We’ve come full circle since Enos Mills, F.O. Stanley, and other tourists sought Estes Park for healing and renewal. Today more than ever, the Estes Valley is associated with health, wellness, and the pleasures of the outdoors. If cascading streams are the lifeblood of the Valley, then scenery is the soul of its people. The map to the left identifies the location of some of the most desirable sight lines and views. Important views include those of Longs Peak, Mount Meeker, Lumpy Ridge, Deer Mountain, the Continental Divide, and notable viewpoints from Enos Mills memorial, Lake Estes, downtown Estes Park, and from Dry Gulch Road near MacGregor Ranch. GOAL Protect the Valley’s stunning mountain scenery. PRIORITIES Protect important views on unconserved lands. Protect community gateways along US 36, US 34, and Highway 7. Protect key scenic assets, such as Prospect Mountain, Mount Olympus, Mount Pisgah, and Oldman Mountain. Protect the riparian forests of Fall River, the Big Thompson River, and the North Fork. Support conservation of scenic quality through governmental development processes, such as ridgeline protections, setbacks from public roads, and design guidelines that help new developments blend in with the natural environment. Implement dark-sky guidelines to avoid unnecessary impacts to the quality of night skies and dark-dependent biological resources. The silence of night in the Estes Valley and incredible views of the Milky Way are an experience to behold. © Jeremy M White 250 CITY OF BOZEMAN | GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 19 PEORIA SONORAN PRESERVATION PROGRAM PLAN | ARIZONA In 2006, the City of Peoria retained Jeremy Call to prepare their Parks, Recreation, Open Space, and Trails Plan. Owing to its successful completion, the City re-engaged the same team in 2011 to create an open space decision support tool to assist in the decision making process of open space land acquisition. The Peoria Open Space Decision Support System (OSDSS), a GIS data model, identifies sensitive lands that merit special consideration for conservation to achieve the vision and goals to be considered for preservation or protection. The model identifies and prioritizes areas that merit special consideration to achieve the vision and goals of open space preservation. In the past, traditional models overlaid resources to identify localized areas of interest, creating isolated pockets of land to be preserved. The OSDSS model goes further by considering the geographic, social, and environmental relationships between multiple resources. Peoria uses this methodology to ensure they acquire the appropriate amount of land for the multiple open space categories. The model includes 26 GIS data sets, from the most recent land use plans to lands with development constraints. In 2013, the City retained Logan Simpson to assist in editing and preparing a final draft of the Preservation Plan. Our staff facilitated and refined program goals, focus areas, and acquisition and management strategies. The plan was unanimously adopted by Council in June 2015. FILTERS Final prioritization of potential projects can be accomplished by applying the following filters: ▪Resource Protection, which prioritizes key cultural and historic sites based on their sensitivity. ▪Low/ Minimum Public Cost, which prioritizes lands based on lowest cost to the community (dedication, public lands, protected by code). ▪Best Value, areas with high resource value for lowest cost. ▪Complete Open Space Program, which combines all three filters. PEORIA OSDSS A Decision Support System was developed to identify sensitive lands that merit special consideration for conservation. The model used over 20 datasets to identify and prioritize areas that merit special consideration for protection, and can be updated as prioritization and criteria change over time to meet the changing needs of the City. 132 4 5 76 8 9 100 Inputs to the model include GIS datasets such as wildlife corridors, wetlands, cultural sites, washes, and other variables. These inputs are weighted from 1-10 based on the community’s values and their level of importance for protection. The City has the ability to continually alter weights and criteria to reflect current visions and needs. VALUES OSDSS MODELING PROCESS CRITERIA Prioritization begins with determining which criteria will be input to the model: ▪Cultural Resources: Are there important cultural resources in the area? ▪Scenic Quality: Does the area have important scenic qualities? ▪Access: Is the area reasonably accessible? ▪Distance: Is the area close to other protected areas or parks? ▪Wildlife Habitat: Does the area have important habitat values or other biological resources? ▪Ownership: Does existing land ownership complicate purchase or management, or does it facilitate conservation agreements? SCENIC QUALITYWILDLIFE HABITAT DISTANCEACCESS OWNERSHIP CULTURAL RESOURCES A HOLISTIC MODEL Traditional models (inset) overlay resources to identify localized areas of interest, often resulting in isolated pockets of conserved lands. The Peoria model goes one step further, defining contiguous focus areas based on how resources relate to one another. As seen in the diagram above, this method provides a more connected method of open space utilization. The system focuses on protecting multiple resources, their local and regional connectivity, and a mosaic of habitats and experiences. Focus areas are those areas that were identified through the model as having the highest level of importance for protection. Each area is generally defined on the Focus Areas map (next page) to allow flexibility in the development of subsequent implementation strategies or negotiations. Each of the three open space types are represented; the Agua Fria corridor is a combination of both Natural/Sensitive and Heritage/Culture resource considerations. c c c BLM Park c Cultural Site Focus Area OSDSS MODEL c c c BLM PARK Traditional Models Level of Prioritization Existing protected areas include dedicated open space and other non-saleable lands, such as city and regional parks. This plan identifies three additional key open space types to meet the prioritization goals represented in the Vision: Natural/Sensitive, Cultural/Heritage, and Passive/Managed. Each open space type emphasizes certain resource types, but may protect other resources as well. The maps on the following page illustrate the values and weights applied to the open space type. For example, to identify priority natural/sensitive areas, resources such as critical wildlife habitat, areas with protected species received the highest weighting. DETERMINE OPEN SPACE TYPES DEVELOP CRITERIA AND WEIGHTS FOR EACH OPEN SPACE TYPE COLLECT DATA FOR EACH CRITERIA DISPLAY RESULTS REFINE RESULTS DEVELOP OPEN SPACE CONSERVATION AND FUNDING STRATEGIESPRIORITIZATION STEPSKEY OPEN SPACE TYPESBaldyMountain BigSpring BlackMountain CalderwoodButte East WingMountain IndianMesa PikesPeak SaddlebackMountain SunriseMountain TwinButtes West WingMountain WhitePeak WildBurroMesaFre n c h C r e e k Mor g a n C i t y W a s h Pade l f o r d W a s h Weir WashHum b u g C r e e k Skunk Cr eekNew Ri v erAgu a F r i a PrinceMountain Lake PleasantRegional Park Hells Canyon Wilderness Carefree SR 7 4 LOOP303 SR 74 HWY303 LOOP101 LOOP101LOOP101 Copyright:© 2009 ESRI¯0 1.5 30.75 Miles Natural / Sensitive Priority MediumLow High Major Roads Roads Planning Boundary SONORAN PRESERVATION FOCUS AREAS FOR THE CITY OF PEORIANATURAL/ SENSITIVE: Protects areas of general wildlife importance in conjunction with other sensitive resources and wildlife corridors. Riparian Habitats Mountainous Areas Springs and Lakes BaldyMountain BigSpring BlackMountain CalderwoodButte East WingMountain IndianMesa PikesPeak SaddlebackMountain SunriseMountain TwinButtes West WingMountain WhitePeak WildBurroMesaFre n c h C r e e k Morg a n C i t y W a s h Padelf o rd W a sh Weir W ashHumb u g C r e e k Skunk C reekNew Riv e r Ag u a F r i a PrinceMountain Lake PleasantRegional Park Hells Canyon Wilderness Carefree SR 7 4 LOOP 303 SR 74 HWY303 LOOP101 LOOP101LOOP101 Copyright:© 2009 ESRI¯0 1.5 30.75 Miles Heritage / Cultural Priority MediumLow High Major Roads Roads Planning Boundary SONORAN PRESERVATION FOCUS AREAS FOR THE CITY OF PEORIAHERITAGE/ CULTURE: Protects sensitive cultural resources and sites. The intent of these areas is to provide protection from mining, urban development, and grazing; areas emphasize conservation over public use. Cultural Artifacts Surface Ruins Historic Sites BaldyMountain BigSpring BlackMountain CalderwoodButte East WingMountain IndianMesa PikesPeak SaddlebackMountain SunriseMountain TwinButtes West WingMountain WhitePeak WildBurroMesaFre n c h C r e e k Mor g a n C i t y W a s h Padelf o rd W a sh Weir Wash Hu m b u g C r e e k Skunk Cre ekNew R iv e r Ag ua F r i a PrinceMountain Lake PleasantRegional Park Hells Canyon Wilderness Carefree SR 7 4 LOOP303 SR 74 HWY303 LOOP101 LOOP101LOOP101 Copyright:© 2009 ESRI¯0 1.5 30.75 Miles HighMediumLow Passive / Managed Priority Major Roads Roads Planning Boundary PASSIVE/MANAGED: Emphasis on protecting important viewsheds; also provides opportunity to experience natural environment and isolation from urban development. This category also identifies key managed recreation areas identified through other agencies or the City’s Parks, Recreation, Open Space and Trails Master Plan. SONORAN PRESERVATION FOCUS AREAS FOR THE CITY OF PEORIARegional Facilities Public Lands Hillsides and River Corridors 251 20 LOGAN SIMPSON SUBMITTAL SUMMIT COUNTY OPEN SPACE AND TRAILS MASTER PLAN | COLORADO Logan Simpson is working to prepare the first update of the Summit County Open Space and Trails Master Plan since 1996 based on a conservation GIS model. The previous Master Plan primarily focused on land acquisition for a newly conceived program. After decades of successful open space protection and trail construction, the County now faces new challenges with natural resource management, visitor use, and growth pressures. The new master plan will guide the acquisition, trail development, maintenance, and resource management into the next 10 years to proactively address challenges and adapt to change. Summit County is a unique environment, serving as a picturesque gateway—and getaway—to a year-round adventure land that is simultaneously coping with the resident, tourist, and climate change pressures. Summit County owns and manages over 17,000 acres of open space. These properties provide a variety of recreational opportunities including over 100 trailheads and trail portals, 100 miles of natural surface trails, 50 miles of dirt roads, and 35 miles of paved Recreational Pathways (i.e., the RecPath), some of which are co-managed with the Town of Breckenridge, Town of Frisco, and US Forest Service. These open spaces also protect important wildlife and plant communities, provide buffers between communities, and preserve unique and fragile ecosystems. The planning process integrates a vast reach of partners, land managers, resource interests, and recreation stakeholders to address acquisition, stewardship, and visitor use priorities. The process is effectively managing the future of the County’s resources and clearly identifying the County’s role. The final plan will contain an analysis of existing conditions, desired conditions and appropriate activities and facilities, indicators and thresholds for desired conditions, management strategies to achieve the desired conditions, and strategies to monitor the effectiveness of strategies for adaptive management. 252 CITY OF BOZEMAN | GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 21 OUR LANDS, OUR FUTURE; OPEN SPACE PLAN, AND RESOURCE MANAGEMENT PLANNING | LARIMER COUNTY, COLORADO Logan Simpson has long been assisting Larimer County with studies, plans, and designs for recreational amenities, stewardship, and conservation of public lands. In 2013, we completed the “Our Lands, Our Future” – Recreation and Conservation Choices for Northern Colorado study, which utilized multiple innovative public outreach methods to shape the vision and planning for the region’s conservation and recreation programs. Logan Simpson’s open space prioritization model with support from the Trust for Public Land, uniquely incorporated the cost of acquiring, developing, and maintaining new landholdings to educate the public about the fiscal implications of their desired quality of life. As both the growth in outdoor recreation demand and Larimer County’s populations continues, the County retained Logan Simpson to prepare a county-wide Open Space Plan based on the model’s results. When the Bureau of Reclamation and Larimer County set out to address growing demands between management for visitor recreation use and management of natural resources, and capital improvement and maintenance needs at Horsetooth, Carter Lake, Pinewood, and Flatiron reservoirs, Logan Simpson prepared the 2016 Reservoir Parks Master Plan, Resource Management Plan, and Environmental Assessment. This map is based on existing public information and is not intended for use in a regulatory context. Rather it identifies opportunities for project partners to work with willing landowners on voluntary land conservation. The following criteria were considered when creating this map: • Inside of Growth Management Areas• Riparian Areas, Rivers, Water Bodies, and Wetlands • Planned Trail and Bike Corridors • Adjacency to Public Open Space and Other Protected Land • Underserved Areas • Natural Landcover (unpaved areas) Urban Open Space Area Opportunities This map is based on existing public information and is not intended for use in a regulatory context. Rather it identifies opportunities for project partners to work with willing landowners on voluntary land conservation. The following criteria were considered when creating this map: • Outside of Growth Management Areas • Potential Conservation Areas• Adjacency to Public Open Space and Other Protected Land • Planned Trail and Bike Corridors• Front Range Foothills Backdrop, Steep Slopes, and Major Landmarks • Riparian Areas, Rivers, Water Bodies, and Wetlands • Large Parcels • Heritage Sites and Overland Trail corridor Regional Open Space Area Opportunities This map is based on existing public information and is not intended for use in a regulatory context. Rather it identifies opportunities for project partners to work with willing landowners on voluntary land conservation. The following criteria were considered when creating this map: • Critical Wildlife Habitat Areas• Riparian Areas, Rivers, Water Bodies, and Wetlands • Potential Conservation Areas• Vacant Parcels • Adjacency to Public Open Space and Other Protected Land Natural Resources & Wildlife Area Opportunities This map is based on existing public information and is not intended for use in a regulatory context. Rather it identifies opportunities for project partners to work with willing landowners on voluntary land conservation. The following criteria were considered when creating this map: • Outside of City Limits• Prime Farmland • Development Pressure • Large Parcels• Centennial Farms• Connected Value to Public Open Space and Other Protected Land Working Farms & Ranches Area Opportunities Using an online GIS model, Logan Simpson identified opportunities for project partners to work with willing landowners on voluntary land conservation. 253 22 LOGAN SIMPSON SUBMITTAL ARKANSAS HEADWATERS RECREATION AREA MANAGEMENT PLAN REVISION & BROWNS CANYON NATIONAL MONUMENT RESOURCE MANAGEMENT PLAN | SALIDA, COLORADO Logan Simpson worked with an interagency planning team comprised of Colorado Parks and Wildlife, the Bureau of Land Management, and the US Forest Service to prepare an update to the Management Plan for the Arkansas River Headwaters Recreation Area (AHRA) and, subsequently, the first-ever Browns Canyon National Monument (BCNM) Resource Management Plan. The Arkansas River is the epicenter of activity in BCNM and renowned for camping, wildlife watching, and numerous other river-related recreation activities including its Gold Medal Trout Fishery and nation’s most popular river for whitewater boating. The Arkansas River receives the highest level of commercial boating of any river in the nation and the BCNM has grown in popularity as a newly created national monument. Therefore, key issues for both projects revolved around outdoor recreation and its impacts to the natural, scenic, and cultural resources of the landscapes. The AHRA Management Plan provides a framework for managing numerous and often conflicting recreation activities along the 150-mile river corridor. Logan Simpson led the effort to formulate alternatives and a proposed management plan that addressed a wide array of issues and management topics including carrying capacity, the need for new or improved facilities, and improved access and resource conservation. The RMP focuses on protection of Browns Canyon National Monument resources, objects, and values (ROVs) while providing for public use and enjoyment of the monument. Environmental reviews for both projects reviewed the best available scientific data to produce effective management strategies that protect the ROVs. For both projects, Logan Simpson led multiple rounds of public outreach in four different cities across the Front Range and project vicinity to help guide the planning process. !H!H!H!H !H!H!H!H!H!H!H!H!H!H!H!H !H!H!H!H!H!H!H!H!H!H!H!H !H!H!H!H!H!H C haffeeP a r k Fremont D a n d R G W e s t e rn R a i lw ay GasCreek Browns Creek Chalk C reek DryCreek Little CottonwoodCreek Herring Creek Cottonwood Creek SandCreek ThreemileCreek Middle Cottonwood Creek Fourmile Creek EddyCreek ArkansasRiver Nath r o p Spur Turret CatkinGulchLoop Seidel’sSuckholeTrailRive rBench 1434143 5 RiverAccess 1434.A ArkansasRiver SRMA FS185E BLM561 1 FS185 B FS185C FS 182BLM561 3 BLM300C1FS 185.D FS 188BLM 300 C FS T1434A FS 184Turret AveFS 300CR 30 0 Co Rd 194Co Rd 271Co Rd 191 BLM 300 FS T 1 434 Co Rd 261-C Co Rd 2 5 1 - A FS 86 Co Rd 184 FS 18 7 Co Rd 162 Co Rd 187 Co Rd 270 FS 1 8 6 Co Rd 175FS 1 8 5 UV291 £¤285 2B 4B 5B 4D 6B Ruby Mountain Hecla Junction StoneBridge BassamGuardstationand Cabin !H Recreation SiteSystem TrailMotorized RouteBrowns Canyon NM Cooperative Management LandsArkansas River SRMA USFS Management Area StateBureau of Land Management PrivateU.S. Forest Service ! ^_ ! !! ! ROYALGORGE FIELDOFFICE BrownsCanyon NM Wyoming Nebraska New MexicoUtah Kansas§¨¦76 §¨¦25 §¨¦70 ColoradoSprings Denver Pueblo Buena Vista Salida Map 16 - Management ZonesAlternative A 1:90,000 No warranty is made by the Bureau of Land Managementas to the accuracy, reliability, or completeness of these datafor individual use or aggregation use with other data.All boundaries are an approximate representation. Ü01 20.5 Miles !H!H!H!H !H!H!H!H!H!H!H !H!H!H!H!H!H!H!H!H!H!H!H !H!H!H!H!H!H!H!H!H!H!H!H !H!H!H!H!H!H C haffeeP a r k FremontD an d R G W e s t e r n R a i lw a y GasCreek Browns Creek Chalk C reek DryCreek Little CottonwoodCreek Herring Creek Cottonwood Creek SandCreek ThreemileCreek Middle Cottonwood Creek Fourmile Creek EddyCreek Arka nsa sRiver Nathrop S p u r Turret CatkinGulchLoop Seidel’sSuckholeTrailRiverBench 14341435 RiverAccess1434.AFS185E BLM5611 FS185 B FS185C FS 182BLM561 3 FS 185.D FS 188BLM 300 C FS T143 4 A FS 184Turret AveFS 300CR 3 0 0 Co Rd 194Co Rd 271Co Rd 1 91 BLM 300 FS T 1434 Co Rd 261-C Co R d 2 5 1 - A FS 8 6 Co Rd 184 FS 18 7 Co Rd 162 Co Rd 187 Co Rd 270 FS 1 8 6 Co Rd 175FS 185 UV291 £¤285 Fisherman'sBridge Ruby Mountain HeclaJunction Stone Bridge BassamGuardstationand Cabin !H Recreation SiteSystem TrailMotorized RouteBrowns Canyon NM Cooperative Management LandsManagement ZonesArkansas River Shore and Passage Monument - River EastMonument - River WestAspen RidgeRailroad GulchTurret Road Ruby Mountain Access - Hecla Junction ! ^_ ! !! ! ROYALGORGE FIELDOFFICE BrownsCanyon NM Wyoming Nebraska New MexicoUtah Kansas§¨¦76 §¨¦25 §¨¦70 ColoradoSprings Denver Pueblo Buena Vista Salida Map 17 - Management ZonesAlternative B 1:90,000 No warranty is made by the Bureau of Land Managementas to the accuracy, reliability, or completeness of these datafor individual use or aggregation use with other data.All boundaries are an approximate representation. Ü01 20.5 Miles !H!H!H!H !H!H!H!H!H!H!H !H!H!H!H!H!H!H!H!H!H!H!H !H!H!H!H!H!H!H!H!H!H!H!H !H!H!H!H!H!H ChaffeeP a r k Fremont D a n d R G W e s t e rn R a i lw ay GasCreek Browns Creek Chalk C reek Dry Creek Little CottonwoodCree kHerring Creek Cottonwood Cr eek SandCreek ThreemileCreek MiddleCottonwoo dCree kFourmileCreek EddyCreek Ark ans as River Nathrop S p u r Turret CatkinGulchLoop Seidel’sSuckholeTrailRive rBench 14341435 RiverAccess1434.AFS185E BLM561 1 FS185 B FS185C FS 182BLM561 3 FS 185.D FS 188BLM 300 C FS T14 3 4 A FS 184Turret AveFS 300CR 30 0 Co Rd 1 94Co Rd 271Co Rd 19 1 BLM 300 FS T 1 434 Co Rd 261-C Co Rd 2 5 1 - A FS 8 6 Co Rd 184 FS 18 7 Co Rd 162 Co Rd 187 Co Rd 270 FS 1 8 6 Co Rd 175FS 1 8 5 UV291 £¤285 Fisherman'sBridge Ruby Mountain HeclaJunction Stone Bridge BassamGuardstationand Cabin Copyright:(c) 2014 Esri !H Recreation Site System TrailMotorized RouteBrowns Canyon NMCooperative Management LandsManagement Zones Arkansas River Shore and BenchMonument - River EastMonument - River WestAspen RidgeRailroad GulchTurret RoadRuby Mountain - Hecla Junction Access ! ^_ ! !! ! ROYALGORGE FIELDOFFICE BrownsCanyon NM Wyoming Nebraska New MexicoUtah Kansas§¨¦76 §¨¦25 §¨¦70 ColoradoSprings Denver Pueblo Buena Vista Salida Map 18 - Management ZonesAlternative C 1:90,000 No warranty is made by the Bureau of Land Managementas to the accuracy, reliability, or completeness of these datafor individual use or aggregation use with other data.All boundaries are an approximate representation. Ü01 20.5 Miles !H!H!H!H !H!H!H!H!H!H!H !H!H!H!H!H!H!H!H!H!H!H!H !H!H!H!H!H!H!H!H!H!H!H!H ChaffeeP a r k FremontD an d R G W e s t e r n R a i lwa y GasCreek Herring Creek Browns Creek ChalkCreek Dry Creek Little CottonwoodCree kCottonwoodCreek ThreemileCreek MiddleCot tonwoo dCree kFourmile Creek Eddy Creek Arka nsa sRiv erNathrop S p u r Turret CatkinGulchLoop Seidel’sSuckholeTrailRiv erBench 14341435 RiverAccess1434.AFS185E BLM5611 FS185 B FS185C BLM5613 Pvt 18 5 E BLM 300 C FS 1 8 5 . D FS 1 8 8FS 300BFS T143 4 A FS 184Turret AveCR 30 0 Co Rd 1 94 FS 300 Co Rd 271Co Rd 261-C BLM 300 FS T 1 434 FS 86 Co Rd 162 Co Rd 184 FS 18 7 Co Rd 270 Co Rd 187 FS 1 8 6 Co Rd 175 FS 1 85 UV291 £¤285 Fisherman'sBridge Ruby Mountain HeclaJunction BassamGuardstationand Cabin !H Recreation SiteSystem TrailMotorized RouteBrowns Canyon NM Cooperative Management LandsManagement ZonesArkansas River Shore and Passage Monument - River EastMonument - River WestAspen RidgeRailroad GulchTurret Road Ruby Mountain Access - Hecla Junction ! ^_ ! !! ! ROYALGORGE FIELDOFFICE BrownsCanyon NM Wyoming Nebraska New MexicoUtah Kansas§¨¦76 §¨¦25 §¨¦70 ColoradoSprings Denver Pueblo Buena Vista Salida Map 19 - Management Zones Alternative D 1:90,000 No warranty is made by the Bureau of Land Managementas to the accuracy, reliability, or completeness of these datafor individual use or aggregation use with other data.All boundaries are an approximate representation. Ü01 20.5 Miles 254 CITY OF BOZEMAN | GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 23 BUCKEYE WILDLIFE CORRIDORS BEST PRACTICES GUIDE | ARIZONA Logan Simpson developed the first of its kind Wildlife Corridors Best Practices Guide to offers planners, residents, developers, non-profits, and City leadership a set of best management practices and tools for development that considers harmony with wildlife corridors and the natural environment within the City of Buckeye’s growth area. Nestled against the White Tank Mountains and Buckeye Hills along the Hassayampa and Gila rivers much of land surrounding the City remains undeveloped and provides essential habitat for mule deer, bighorn sheep, desert tortoise, and other wildlife. However, Buckeye is evolving rapidly, and the population increase warrants thoughtful planning. With the goal of maintaining and enhancing existing biodiversity and connectivity while ensuring community prosperity, a case study-based approach was taken to organize this Guide around three strands - environmental, growth, and quality of life. Creating wildlife-friendly development will result in a variety of benefits to animals, residents, visitors, and the businesses and developers that stimulate economic growth. Best practices were evaluated against the three strands/triple bottom line analysis as well local applicability and ease of implementation. The triple bottom line analysis evaluated quality of life, environmental, and economic growth factors - using both qualitative and quantitative metrics. The purpose of the Guide is to advocate for wildlife connectivity throughout the city and to encourage collaboration between all groups involved in developing Buckeye. As part of the process, a variety of groups and individuals with local information and expertise helped inform the planning process, including landowners/developers, utilities, local and state agencies, and conservation advocacy groups. The project team sought to inform community-wide stakeholders of the plan and its goals for the community to gain a common understanding, as well as feedback on how best to approach implementation of the Guide. A suite of tools is recommended at the regional, neighborhood, and design level that could be implemented by developers, residents, and partners. Incentives of regional development considered may be analyzed on a case-by-case basis by the City. 255 24 LOGAN SIMPSON SUBMITTAL LOGAN SIMPSON jErEmy Call, aICP | PrInCIPal PlannEr Jeremy has been the project manager and/or principal planner for several land prioritization models, such as the Estes Valley Open Space Plan | A Shared Conservation Strategy; Larimer County Mountain Resilience and Comprehensive Plan; Our Lands, Our Future – Recreation and Conservation Choices for Northern Colorado; Larimer County Open Lands Master Plan; Larimer Reservoir Parks Master Plan and Resource Management Plan/Environmental Assessment; Peoria’s Open Space Decision-Support System. As a Principal in Logan Simpson’s Fort Collins office, he oversees the team’s environmental, natural resource, and recreation projects. Jeremy brings nearly 20 years of professional consulting experience, especially for planning projects that address recommended goal, policy, and land use code language pertaining to open space conservation, preservation, and future use. He will provide contract and project oversight, be responsible for coordination of the public engagement plan and facilitation and serve as a primary author of the Sensitive Lands Plan. Additionally, Jeremy’s expertise in scenery resources allows him to effectively evaluate open spaces and natural areas for scenery, recreation, and development opportunities and impacts. 4. FIRM’S QUALIFICATIONS Education M.L.A., Utah State University, 2003 B.A., Brigham Young University, 2000 Present and Projected Workload: Jeremy is currently planned for ~70% of his overall workload, and anticipates dedicating ~15% of his workload to this effort over the 18-24 month project timeline. Jeremy’s relevant project experience includes: • Estes Valley Open Space Plan | A Shared Land Conservation Strategy, Colorado • Summit County Open Space and Trails Master Plan, Colorado • “Our Lands, Our Future: Recreation and Conservation Choices for Northern Colorado,” Larimer County Regional Conservation Study, Colorado• Larimer County Resource Management Plan and Environmental Assessment and Reservoir Parks Master Plan, Colorado • Chimney Hollow Recreation Area Conceptual Plans, Larimer County, Colorado • Arkansas Headwaters Recreation Area Management Plan Revision & Browns Canyon National Monument Resource Management Plan, Salida, Colorado• Big Thompson Recreation and Conservation Assessment, Larimer County, Colorado• Larimer County Comprehensive Plan for Community Development, Colorado • Fort Collins Natural Areas Master Plan Update (2004 and 2014), Fort Collins, Colorado • Big Thompson Recreation and Conservation Assessment, Larimer County, Colorado • BLM Browns Canyon National Monument Planning Area, Salida, Colorado• BLM Arkansas Headwaters Recreation Area Management (AHRA) Plan Revision, Salida, Colorado• Steamboat Springs Parks, Recreation, Open Space, Trails & River Master Plan, Colorado • Englewood Parks and Recreation Master Plan, Colorado • Castle Pines Parks and Recreation Comprehensive Plan, Colorado • Peoria Sonoran Preservation Program Study and OSDSS, Arizona• Las Vegas Valley Perimeter Open Space Plan, Clark County, Nevada• Henderson Desert Edge Development Concepts, City of Henderson, Nevada • Draper Open Space Master Plan, Utah 256 CITY OF BOZEMAN | GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 25 LOGAN SIMPSON krISTIna kaChUr, aICP | ProjECT managEr Kristina is a environmental planner skilled in GIS and public involvement. She helps facilitate an efficient and defensible planning process through scholarly research, applying alternative methods to engagement with the public and elected officials, facilitating advisory groups, and creating implementable strategies and best management practices. She has been the recreation, socio- economic, and environmental resource specialist for multiple resource and travel management plans, and is proficient using GIS to produce models and maps to aid in evaluating sensitive resources and recreation management. Kristina has worked with Jeremy on numerous conservation and open space strategies, including Steamboat Springs, Summit County, Greeley, Windsor, and Castle Pines. Kristina was the assistant project manager for Draper, Utah’s Open Space Master Plan, which developed an organizational strategy and property management plan to address conservation needs, overuse, and encroaching development and concept plans for specific sites. The plan resulted in a new Open Space division and park ranger program and a conservation easement for an additional 2,913 acres of land to ensure long-term preservation. In addition, Kristina has served as project manager on several comprehensive plans that address natural resources and recreation. Prior to joining Logan Simpson, she assisted in developing the Colorado Statewide Comprehensive Outdoor Recreation Plan (SCORP). Education M.A., Urban and Regional Planning - Environmental & Land Use (MURP), University of Colorado, 2013 B.A., Geography- Environmental Planning, Bloomsburg University of Pennsylvania, 2010 Professional Registrations Certified Planner, American Institute of Certified Planners / American Planning Association, 2015 Present and Projected Workload: Kristina is currently planned for ~65% of her overall workload, and anticipates dedicating ~20% of her future workload to this effort over the 18-24 month project timeline. Kristina’s relevant project experience includes: • Bozeman Community Plan, Montana• Estes Valley Open Space Plan | A Shared Land Conservation Strategy, Colorado • Summit County Open Space and Trails Master Plan, Colorado • “Our Lands, Our Future: Recreation and Conservation Choices for Northern Colorado,” Larimer County Regional Conservation Study, Colorado• Draper Open Space Master Plan, Utah• Larimer County Resource Management Plan and Environmental Assessment and Reservoir Parks Master Plan, Colorado • Chimney Hollow Recreation Area Conceptual Plans, Larimer County, Colorado • Greeley Open Space Plan, Colorado• Big Thompson Recreation and Conservation Assessment, Larimer County, Colorado• BLM Browns Canyon National Monument Planning Area, Salida, Colorado • BLM Arkansas Headwaters Recreation Area Management (AHRA) Plan Revision, Salida, Colorado • Buckeye Wildlife Corridors Best Practices Guide, Arizona • Valley County Waterways Management Plan, Valley County/McCall, Idaho• Estes Park Comprehensive Plan, Colorado• City of Bozeman Community Plan, Montana • City of Hamilton Comprehensive Plan, Montana • Steamboat Springs Parks, Recreation, Open Space, Trails & River Master Plan, Colorado • Delta Parks, Recreation, Open Space & Trails Master Plan, Colorado• Englewood Parks and Recreation Master Plan, Colorado• Castle Pines Parks and Recreation Comprehensive Plan, Colorado • Fountain Parks, Recreation, Open Space and Trails Master Plan, Colorado 257 26 LOGAN SIMPSON SUBMITTAL LOGAN SIMPSON mEgan moorE | land USE PolICy and Program CoordInaTIon wITh STakEholdErS Megan is an urban designer and planner with extensive experience in comprehensive and subarea planning and placemaking for a range of Mountain West and Montana communities. She brings 17 years of experience to her projects and is the recipient of over 30 design and planning awards. Megan’s planning capabilities are enhanced by her background in architecture and landscape architecture, giving her a unique perspective into design strategies and solutions. An expert in a variety of graphics programs and a skilled conceptual designer, Megan can quickly generate and refine concepts on paper and in digital formats. She is an expert at combining input from staff, stakeholders, and the public with data and demographics, resulting in plans reflect the vision and goals of a community while encouraging appropriate and innovative growth strategies. Utilizing her knowledge of the region from the planning efforts listed below, Megan will assist with land use policy and stakeholder coordination. Education Master of Architecture, University of Colorado at Denver, 2005 Master of Landscape Architecture, University of Colorado at Denver, 2005 Graduate Certificate in Historic Preservation, University of Colorado at Denver, 2005 B.S. in Architectural Studies, University of Illinois at Urbana- Champaign, 2001 Professional Registrations American Institute of Architects American Society of Landscape Architects (ASLA) Present and Projected Workload: Megan is currently planned for ~70% of her overall workload, and anticipates dedicating ~5% of her future workload to this effort over the 18-24 month project timeline. Megan’s relevant project experience includes: • Bozeman Community Plan, Montana • Our Big Sky Community Vision and CIP, Montana • Envision Gallatin Growth Policy, Montana • Envision Three Forks Growth Policy, Montana• Plan Manhattan Growth Policy, Montana• ReEnvision Victor Comprehensive Plan, Idaho • Uniquely Driggs Comprehensive, Idaho • South of the River Subarea Plan, Star, Idaho • My Meridian Comprehensive Plan Update and the Fields Subarea Plan, Idaho• Wasatch Canyons General Plan, Salt Lake County, Utah• The River Bottoms Vision Plan, Spanish Fork, Utah • Ogden Valley Comprehensive Plan and Code, Utah • Washoe County Comprehensive Plan, Nevada • Douglas County Comprehensive Plan, Nevada• Larimer County Comprehensive Plan for Community Development, Colorado• Gypsum - Eagle River Area Plan, Gypsum, Colorado 258 CITY OF BOZEMAN | GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 27 LOGAN SIMPSON brUCE mEIghEn | land USE PolICy and gIS modElIng adVISor Bruce is a certified planner with 25 years of experience and more than 50 awards in comprehensive planning and public involvement. His planning and environmental experience includes the successful completion of hundreds of public involvement programs associated with comprehensive, corridor, and subarea planning, travel management, infrastructure, and transportation assignments. He is expert at land use policy, and many of his projects include incorporation of funding sources, incentivization, and changes to code and implementation strategies. His ability to create innovative and focused public involvement, and to clarify and prioritize the issues identified, is crucial to the success of outcome-oriented plans. Bruce specializes in managing defensible planning processes that create sustainable, quality growth communities with common, enduring visions. With his extensive understanding of the area’s land use policy through relevant project experience, Bruce will provide recommendations on land use policy related to the Valley’s sensitive lands. Education Master of City and Regional Planning, Georgia Institute of Technology, 1994 B.A., Geography Urban Systems, McGill University, Montreal, Quebec, 1992 Professional Registrations American Institute of Certified Planners (AICP) Master Project Manager (MPM) North American Lake Management Society (NALMS), 2020 US Forest Service (Pike/San Isabel National Forests) ATV Safety Training Program, 2005 Present and Projected Workload: Bruce is currently planned for ~65% of his overall workload, and anticipates dedicating ~5% of his future workload to this effort over the 18-24 month project timeline. Bruce’s relevant project experience includes: • Bozeman Community Plan, Montana • Our Big Sky Community Vision and CIP, Montana • Envision Gallatin Growth Policy, Montana • Envision Three Forks Growth Policy, Montana• Plan Manhattan Growth Policy, Montana• ReEnvision Victor Comprehensive Plan, Idaho • Uniquely Driggs Comprehensive, Idaho • My Meridian Comprehensive Plan Update and the Fields Subarea Plan, Idaho • “Our Lands, Our Future: Recreation and Conservation Choices for Northern Colorado,” Larimer County Regional Conservation Study, Colorado• Larimer County Resource Management Plan and Environmental Assessment and Reservoir Parks Master Plan, Colorado • BLM Browns Canyon National Monument Planning Area, Salida, Colorado • BLM Arkansas Headwaters Recreation Area Management (AHRA) Plan Revision, Salida, Colorado• Gypsum - Eagle River Area Plan, Gypsum, Colorado• Buckeye Wildlife Corridors Best Practices Guide, Arizona • Peoria Sonoran Preservation Program Study, Arizona • Peoria Open Space and Cultural Decision Support System and Acquisition Program, Arizona • Wasatch Canyons General Plan, Salt Lake County, Utah• The River Bottoms Vision Plan, Spanish Fork, Utah 259 28 LOGAN SIMPSON SUBMITTAL LOGAN SIMPSON brIan Taylor | gIS analyST Brian is a GIS Analyst with 12 years of experience in environmental consulting. His experience includes cartography, data management, modeling, web mapping applications, GPS deployment, and GIS analysis. His primary focus has been leading GIS analyses and cartographic design on Environmental Impact Statements and Environmental Assessments for pipeline, mining, wind farm, and transmission line projects, as well as travel management planning as both a GIS Analyst and inventory crew member. Brian is a key member of Logan Simpson’s Travel Management Planning team, which he supports through on-site inventory, data management and analysis, and all phases of travel management planning. He will use GIS data to identify sensitive lands and will complete data compilation and management resulting into an open space prioritization plan. Education B.A., Geography, Emphasis GIS, University of Northern Colorado, 2007 Present and Projected Workload: Brian is currently planned for ~55% of his overall workload, and anticipates dedicating ~35% of his future workload to this effort over the 18-24 month project timeline. Brian’s relevant project experience includes: • BLM Billings Field Office Pryor Mountain and Cottonwood TMP/EA, Montana • Valley County Waterways Management Plan, Valley County/McCall, Idaho • BLM Boise District Office Morley Nelson NCA West Route Evaluation, GIS Support and TMP/EA, Idaho • Idaho State Lands OHV Trail Inventory & Recreation Management Plan, Idaho• Greeley Open Space Plan, Colorado• BLM Browns Canyon National Monument Planning Area, Salida, Colorado • BLM Arkansas Headwaters Recreation Area Management (AHRA) Plan Revision, Salida, Colorado • BLM Grand Staircase-Escalante National Monument and Kanab-Escalante Resource Area – RMP and EIS, Utah 260 CITY OF BOZEMAN | GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 29 LEFT BRAIN CONCEPTS jEff haUgEn Jeff has 30 years of experience in market research and marketing consulting. He is the President of Left Brain Concepts, Inc. (LBC) a Colorado-based research and consulting firm whose clients consists of government (Federal to local), non-profits and industry (Fortune 100 to entrepreneur) entities. Jeff provides surveys, conducts focus groups, provides executive-level exploratory interviews, and conducts literature reviews. Jeff and LBC are deeply committed to client service and assure that their research designs accomplish their clients’ goals. LBC is well regarded for conducting actionable research studies in direct response to management issues, and for providing unsurpassed client service. He has teamed with Logan Simpson to conduct surveys for: BREECE ROBERTSON | GIS MODEL ADVISOR Breece Robertson is a conservationist and geospatial designer who combines technology and storytelling to inspire, activate, educate, and engage people to protect our planet. She is a noteworthy leader in the conservation and parks field with two decades of experience with The Trust for Public Land where she built strategic initiatives like ParkScore, ParkServe and Greenprinting. In 2006, she was awarded the Esri Special Achievement in GIS award and in 2012, the “Making a Difference” award. Currently, she directs partnership and strategy for the Center for Geospatial Solutions at the Lincoln Institute of Land Policy. She authored a book called “Protecting the Places We Love” published in April 2021 by Esri Press. When she’s not protecting places, she’s exploring and enjoying them. Education BA Business Administration. University of Puget Sound, 1980 • Steamboat Springs Parks, Recreation, Open Space, Trails & River Master Plan, Colorado • Delta Parks, Recreation, Open Space & Trails Master Plan, Colorado • Englewood Parks and Recreation Master Plan, Colorado • Castle Pines Parks and Recreation Comprehensive Plan, Colorado• Fountain Parks, Recreation, Open Space and Trails Master Plan, Colorado 261 30 LOGAN SIMPSON SUBMITTAL 5. PROPOSED SCHEDULE 2022 2023 May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep TASK 1 - PUBLIC & STAKEHOLDER ENGAGEMENT Project Management Coordination (Monthly for 16 months) Public Engagement Plan Project Website Set Up Stakeholder One-on-Ones (Virtually) Working Group Meetings (x4 - two in-person) & County Coordination (3 virtual)Public Engagement Series (x3 - all in-person) TASK 2 - LITERATURE REVIEW Define Study Area Existing Plan and Policy Review TASK 3 - DATA COLLECTION Develop Data Portal on ArcGIS Hub Collect Data & Organize on ArcGIS Hub Data Gap Report Public Review of Data and Revisions TASK 4 - SPATIAL TOOLS Develop Modeling Methods Develop Models Display Results Public Review of Model and Revisions TASK 5 - RECOMMENDATIONS Preliminary Recommendations & Indicators Revised Recommendations & Indicators Online Protection Plan Appendices Recommendations Executive Summary Online Protection Plan and Executive Summary Adoption OPTIONAL TASKS Statistically Valid Survey Six Additional Adoption Meetings (Virtually) Economic Analysis of Conservation Benefits Video 262 CITY OF BOZEMAN | GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 31 20222023 MayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSep TASK 1 - PUBLIC & STAKEHOLDER ENGAGEMENT Project Management Coordination (Monthly for 16 months) Public Engagement Plan Project Website Set Up Stakeholder One-on-Ones (Virtually) Working Group Meetings (x4 - two in-person) & County Coordination (3 virtual)Public Engagement Series (x3 - all in-person) TASK 2 - LITERATURE REVIEW Define Study Area Existing Plan and Policy Review TASK 3 - DATA COLLECTION Develop Data Portal on ArcGIS Hub Collect Data & Organize on ArcGIS Hub Data Gap Report Public Review of Data and Revisions TASK 4 - SPATIAL TOOLS Develop Modeling Methods Develop Models Display Results Public Review of Model and Revisions TASK 5 - RECOMMENDATIONS Preliminary Recommendations & Indicators Revised Recommendations & Indicators Online Protection Plan Appendices Recommendations Executive Summary Online Protection Plan and Executive Summary Adoption OPTIONAL TASKS Statistically Valid Survey Six Additional Adoption Meetings (Virtually) Economic Analysis of Conservation Benefits Video 6. PRICE PROPOSAL We prepare our proposed fee based on a philosophy that it includes all identified and anticipated tasks. In preparing our fees for a project, the project manager walks through the project and identifies all tasks that will be required, from the number of meetings and submittals required, to complexity of design, to coordination with client and subconsultants. Factors used to determine our project budget are detailed in our scope of work and included as subtasks in the following fee spreadsheet. Additional factors that may be desired by the City are included as optional tasks. Logan Simpson’s staff billing rates reflect overhead costs, including applicable insurance, and are available upon request. 263 32 LOGAN SIMPSON SUBMITTAL OVERALL TOTALS Labor Expenses Total Task 1 - Public & Stakeholder Engagement Project Management Coordination (Monthly for 16 months)$9,904 $0 $9,904 Public Engagement Plan $1,245 $0 $1,245 Project Website Set Up $3,102 $1 $3,103 Stakeholder One-on-Ones (Virtually)$7,365 $2 $7,367 Working Group Meetings (x4 - two in-person) & County Coordination (three virtual) $18,940 $4,003 $22,943 Public Engagement Series (x3 - all in-person)$27,487 $17,000 $44,487 Subtotal Task 1 $68,043 $21,006 $89,049 Task 2 - Literature Review Define Study Area $1,518 $0 $1,518 Existing Plan and Policy Review $4,488 $150 $4,638 Subtotal Task 2 $15,006 $225 $15,231 Task 3 - Data Collection Develop Data Portal on ArcGIS Hub $2,028 $0 $2,028 Collect Data & Organize on ArcGIS Hub $4,716 $0 $4,716 Data Gap Report $5,736 $0 $5,736 Public Review of Data and Revisions $1,998 $0 $1,998 Subtotal Task 3 $14,478 $0 $14,478 Task 4 - Spatial Tools Develop Modeling Methods $6,038 $0 $6,038 Develop Models $11,385 $0 $11,385 Display Results $6,540 $0 $6,540 Public Review of Model and Revisions $1,620 $0 $1,620 Subtotal Task 4 $25,583 $0 $25,583 Task 5 - Recommendations Preliminary Recommendations & Indicators $12,635 $0 $12,635 Revised Recommendations & Indicators $4,761 $0 $4,761 Online Protection Plan $9,636 $0 $9,636 Appendices $3,252 $0 $3,252 Recommendations Executive Summary $8,100 $0 $8,100 Online Protection Plan and Executive Summary Adoption $3,741 $0 $3,741 Subtotal Task 5 $42,125 $0 $42,125 TOTAL (without Optional Tasks)$165,235 $21,231 $186,466 OPTIONAL TASKS Statistically Valid Survey $1,116 $24,000 $25,116 Six Additional Adoption Meetings (Virtually)$9,908 $0 $9,908 Economic Analysis of Conservation Benefits $8,236 $0 $8,236 Video $2,880 $14,000 $16,880 264 CITY OF BOZEMAN | GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 33 7. REFERENCES The following five references are for similar Logan Simpson projects completed within the past five years. Detailed descriptions of these and additional projects are located in Section 3, Experience with Projects. ESTES VallEy oPEn SPaCE Plan | a SharEd land ConSErVaTIon STraTEgy, Colorado Reference: Jeffrey Boring, Executive Director | Estes Valley Land Trust | 1191 Woodstock Dr #5 | P.O. 663| Estes Park, CO 80517 | P: 970.577.6837 | E: jeffrey.boring@evlandtrust.org SUmmIT CoUnTy oPEn SPaCE and TraIlS maSTEr Plan, Colorado Reference: Katherine King | Director | Summit County Open Space & Trials | P: 970-668-4067 | E: Katherine.king@summitcountyco.gov rESoUrCE managEmEnT PlannIng and ChImnEy hollow rECrEaTIon arEa ConCEPTUal Plan, larImEr CoUnTy, Colorado Reference: Meegan Flenniken, Land Acquisition, Planning & Resource Division Manager | Larimer County Natural Resources Department | 1800 S. County Road 31, Loveland, CO 80537 | P: 970.619.4562 | M: 970.231.1536 | E: mflenniken@larimer.org arkanSaS hEadwaTErS rECrEaTIon arEa managEmEnT Plan rEVISIon & brownS Canyon naTIonal monUmEnT rESoUrCE managEmEnT Plan, SalIda, Colorado Reference: Joe Vieria, National Monument Project Manager | BLM Colorado Rocky Mountain District | P: 719.246.9966 | E: jvieira@blm.gov bUCkEyE wIldlIfE CorrIdorS bEST PraCTICES gUIdE, arIzona Reference: Adam Copeland | Principal Planner | City of Buckeye | 530 E Monroe Avenue, Buckeye, Arizona 85326 | P: 623.349.6210 | E: acopeland@buckeyeaz.gov 265 8. AFFIRMATION OF NONDISCRIMINATION 266 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Interim Director Community Development SUBJECT:Ordinance 2104 Provisional Adoption to Repeal and Replace Division 38.430 Planned Unit Development with a New Planned Development Zone Process and Amend 24 Related Sections of the Bozeman Municipal Code, Application 22133 MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION: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 2104. 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 amendment updates the City's land development regulations as part of efforts to support affordable housing and implement other identified community priorities. For more information see the Executive Summary and Appendix A in the attached staff report. The City of Bozeman's Economic Vitality Board recommended Ordinance 2104 to the City Commission in a 5-1 vote. A meeting link can be found here. UNRESOLVED ISSUES:Policy decisions surrounding what kinds and amounts of public benefits are acceptable in exchange for the flexibility allowed by a PDZ and the appropriate balance of flexibility and predictability set forth in code. ALTERNATIVES:See the attached staff report FISCAL EFFECTS:None Attachments: 22133 CC Staff Report - PUD_PDZ.pdf 267 Ordinance 2104 Planned Unit Development - Provisional 7- 12-2022.pdf CDB Passed Motion 6-27-2022.pdf PDZ Flow Chart City Version 5-26-2022.pdf Planned Development Zone HP Admin Procedures Outline - DRAFT.pdf Sustainable Energy Manual Draft.pdf Sustainable Resilient Design PDZ_Water Conservation.pdf Sustainability Public Benefit - Transportation DRAFT.pdf PDZ Non-Renewable Energy Flow Chart DRAFT.pdf TRANSPORTATION ADEQUACY REQUIREMENTS - Draft manual.pdf 22133 PDZ e-notification.pdf Report compiled on: July 5, 2022 268 Page 1 of 20 22133 Staff Report for the Planned Development Zones Text Amendment, Ordinance 2104 Public Hearings: Community Development – June 27, 2022. City Commission – July 12, 2022. Project Description: Repeal Planned Unit Development, Division 38.430 and associated standards and replace with a new Division 38.430 Planned Development Zones (PDZ). 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: The Board voted against a motion to recommend the proposed draft and proposed an amendment to the draft ordinance, which received unanimous support of the Board. See attachment with motion language and a discussion of the amendment in the Executive Summary below. 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 2104. Report: June 29, 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 Policy decisions surrounding what kinds and amounts of public benefits are acceptable in exchange for the flexibility allowed by a PDZ and the appropriate balance of flexibility and predictability set forth in code. 269 Staff Report for the Planned Development Zones Text Amendment 22133 Page 2 of 20 Project Summary The amendments will repeal the existing planned unit development process and replace it with planned development zones. See the attached draft Ordinance 2104 for the proposed text. Use of a Planned Development Zone (PDZ) is voluntary. The applicant can choose whether or not to apply for a PDZ by weighing the flexibility that the PDZ process provides and the requirement to provide certain public benefits in exchange. Whether an individual project may benefit from a PDZ is unique to each project and will vary depending on the type and scale of project and the degree of difference from the regular standards required for the development. This work is partial implementation of a review of municipal standards for housing construction. The City Commission gave direction at their March 1, 2022 meeting to start this amendment process. See Appendix A for additional information. The proposed ordinance amends 25 sections in the municipal code. Elements of the proposed amendments include: 1. Repeal Division 38.430, Planned Unit Development in its entirety. A planned unit development is a review process than allows an applicant to propose different land development standards in exchange for public benefits. The scope and type of public benefits is included in the code. Planned unit developments are currently allowed in all zoning districts. 2. Remove references to Planned Unit Developments throughout Chapter 38, Unified Development Code, amending 24 individual sections of the municipal code. Each section is included in the new ordinance that applies these amendments. 3. Create a new Division 38.430, Planned Development Zones (PDZ). A PDZ creates a new custom zoning district and associated land development standards that apply only to that one site. A PDZ is reviewed as a text and zone map amendment according to standard review procedures in Division 38.260 of the municipal code. A finalized PDZ will be shown on the zoning map. Additional review processes are also required in Division 38.430 to analyze whether the proposed PDZ provides the required provision of public benefits, including alternatives for affordable housing, protection of historic structures, sustainable design, and large development. Benefits may be of just one type or a combination of the options. Establishing specific performance requirements in the code for a PDZ addresses legal requirements to make findings for amendments and for individual projects consistent with the growth policy and enabling legislation and to avoid challenges to the code on the grounds that it is too vague. A PDZ may propose different combinations of uses as well as numeric standards. A PDZ must also include a general development plan presenting the general layout and nature of development within the area. PDZs are integrated into multiple sections throughout the code in place of planned unit developments. 270 Staff Report for the Planned Development Zones Text Amendment 22133 Page 3 of 20 4. Create a new Division 38.440, Legacy Planned Unit Developments, establishing standards for how existing developments that were approved under the old planned unit development standards can be amended or removed from a planned unit development. No existing PUD is changed or repealed by this amendment. 5. Repeal and replace Section 38.220.120 specifying submittal requirements for Planned Development Zones and associated documents. 6. Revise Section 38.400.020, Street and road dedication, to change how privately maintained streets are reviewed, approved, and maintained. Additional administrative flexibility is provided for approval and additional data is required to show how the street will work and be maintained. 7. Revise Section 38.200.010, Review authority, to reflect changes creating Planned Development Zones and Legacy Planned Unit Developments, assign duties to revised administrative departments. 8. Amend definitions in Division 38.700 to conform to the proposed amendments. Administrative manuals to implement the directives of this ordinance are not included as part of the ordinance directly, but are being prepared for the sustainability and historic preservation public benefits because there are too many details pertinent to implementation of these standards to include in the municipal code. Administrative manuals allow documentation of how the code is applied and are much easier to keep up to date. Draft outlines of the various implementation manuals are attached. If the Commission approves the proposed public benefit approach, the manuals will be finalized. Strategic Plan Implementation 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 2104 on June 1, 2022. They continued their discussion to their following meeting, on July 6, 2022. This date is passed the 271 Staff Report for the Planned Development Zones Text Amendment 22133 Page 4 of 20 submittal deadline for the City Commission packet. Staff will provide an update on any recommendation from EVB at Commission’s meeting on July 12th. Community Development Board The Community Development Board (CDB) met on June 27, 2022 to consider the proposed amendments. The video recording of the meeting is available through the City’s website. Discussion of the amendment begins at 23 minutes into the recording. Questions to staff begin at about 46:20 and board discussion at 2:17:50. The Board voted 0-7 on a motion to recommend approval of the ordinance as submitted. A motion was made to recommend approval of an amended ordinance, which passed 7-0. The full text of the motion approved by the CDB is attached to this report. One member of the public asked a question during the public comment and one member of the public spoke to the draft ordinance. Both are included in the video recording. Due to technical difficulties the recorded audio volume is low and the listener will need to turn up the volume on their playback device. Concerns of the CDB focused on 3 areas: 1. Uncertainty that the new proposal would assure superior outcomes to the existing regulations; and how to effectively test real world acceptance and practical use of the new regulations. 2. The options available in Section 38.430.050 (pp. 32-35 of the proposed ordinance) to establish public benefits were not broad enough. More narrowly identified public benefits in the proposed ordinance were not consistent with the full range of community priorities identified in the growth policy 3. The specific target requirements set forth in the ordinance, such as the percentage of homes at certain price points for affordable housing, were too restrictive and did not provide enough negotiating room for the City. The CDB adopted motion recommends the Commission remove defined public benefits and replace it with a set of community priorities annually adopted by Commission resolution. See the attachment for full recommendation language. Alternatives 1. Do not adopt the ordinance based on findings of non-compliance with the applicable criteria contained within the staff report; 2. Direct amendments to the text prior to adoption which may or may not include those recommended by the Community Development Board. If the Commission chooses this option Staff will require time to develop the text needed to implement Commission direction; or 3. Continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. 272 Staff Report for the Planned Development Zones Text Amendment 22133 Page 5 of 20 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Strategic Plan Implementation ............................................................................................ 3 Economic Vitality Board .................................................................................................... 3 Community Development Board ........................................................................................ 4 Alternatives ......................................................................................................................... 4 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5 SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 6 Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 6 Spot Zoning Criteria ......................................................................................................... 11 Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) ............ 12 Section 76-3-102, MCA (Subdivision Purposes).............................................................. 12 Section 76-3-501, MCA (Subdivision Purposes).............................................................. 14 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 16 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 17 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 19 APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 20 FISCAL EFFECTS ................................................................................................................. 20 ATTACHMENTS ................................................................................................................... 20 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a text amendment, the Staff finds the amendments meet the criteria for approval as proposed. The Community Development Board in their capacity as the Zoning Commission will hold a public hearing on these amendments on June 27, 2022, at 6 pm. 273 Staff Report for the Planned Development Zones Text Amendment 22133 Page 6 of 20 The City Commission will hold a public hearing on the text amendment on July 12, 2022 at 6:00 p.m. SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone 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. As this amendment can also affect subdivision related standards the criteria for subdivisions are also reviewed as Criteria 1-17. 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 not applicable to the proposed amendments or 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. The new Planned Development Zones are amendments to the zoning map and text and therefore must conform to the growth policy. Bozeman adopted a new growth policy in November 2020. 274 Staff Report for the Planned Development Zones Text Amendment 22133 Page 7 of 20 The new PDZ review process narrows the focus of public benefits. Rather than 11 potential ways to show benefits, the new process includes 4. See section 38.430.050 in the text (Ordinance Section 20). This places greater emphasis on subjects deemed of most importance to the community including affordable housing, historic preservation, sustainability, and combinations of benefits. A review of the growth policy shows multiple goals and objectives relating to housing, historic preservation, provision of infrastructure, and sustainability. A PDZ may be proposed for any type of use or mix of uses so long as those uses are consistent with the future land use descriptions in Chapter 3 of the BCP2020. The proposed amendments implement the growth policy. Not every element of the growth policy must be addressed for an amendment to be in accordance with the growth policy. The PDZ process requires provision of a public benefit in exchange for the flexibility in standards. Individual public benefits support different goals in the BCP2020. Examples of relevant goals and objectives are: R-1.4 Be integrated: bring together a range of distinct systems and institutions. R-2.6 Innovation: Advance new approaches and techniques that will encourage continual improvement and advancement of best practices. The existing PUD system has been in place for over 30 years. Although it has been updated periodically it does not represent current best practices and is not adequately focused on the community’s highest priorities. The PDZ revision advances best practice by increasing focus on key community priorities, including placement on the zoning map to improve public awareness of the special standards applicable to that site, and using the legislative rule making amendment process to address the discretionary review inherent in a PDZ rather than the more quasi-judicial current process. The PDZ process allows an applicant to propose alternative standards from those included in existing zoning districts. This enables them to pursue projects that may not otherwise meet standards such as building heights, parking, or other non-procedural standards. Procedures and standards required by state or federal law may not be altered. There is a discussion on housing affordability beginning on BCP2020 page 21. The discussion identifies national and local trends and issues affecting affordability and housing needs. The PDZ process may be used throughout the community, encourages proximity of homes and services including multi-modal transportation, and is more likely to provide missing middle housing if price restricted housing is the community benefit offered. Potential for additional density is also available. Providing a tool encouraging construction of housing focused at the lower cost range supports several goals including: R-2.4 Social Equity: Provide solutions that are inclusive with consideration to populations that are often most fragile and vulnerable to sudden impacts. N-1.1. Promote housing diversity, including missing middle housing. 275 Staff Report for the Planned Development Zones Text Amendment 22133 Page 8 of 20 N-3.3 Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets. EE-1.4 Support employee retention and attraction efforts by encouraging continued development of affordable housing in close proximity to large employers. Historic Preservation is one of the community benefit options. This is expected to be used within existing developed portions of the community. This option requires existing buildings and sites to be protected and enhanced. Goal N-4: Continue to encourage Bozeman’s sense of place. N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood character, and buildings that contribute to Bozeman’s sense of place through programs and policy led by both City and community efforts. 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. Sustainability is also an identified public benefit and when used requires reductions in two of three areas of energy and water conservation and transportation use reductions. Reducing consumption advances: DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit options. EPO-3.3 Support water conservation, use of native plants in landscaping, and development of water reuse systems. EPO-3.5 Update land development standards to implement the Integrated Water Resources Plan. EPO-3.9 Integrate climate change considerations into development standards. EPO-3.11 Support resource conservation through recycling, composting, and other appropriate means. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric scooters, powered wheelchairs, etc.). No element of the proposed ordinance affects the future land use map at this time. Therefore, no analysis of correspondence to the future land use map is provided. The text of the PDZ amendment requires proposed uses to be consistent with the descriptions and uses for individual future land use designations. Review of future PDZ applications will affect the 276 Staff Report for the Planned Development Zones Text Amendment 22133 Page 9 of 20 zoning map and will be analyzed individually at that time based on the specifics of the individual application. 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. 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. A PDZ may request a change from existing standards that address these and other criteria. However, any such alternative standard proposed must likewise be evaluated against these criteria. If the alternative does not meet the standard it should not be approved. At this time there is no evidence of lack of compliance by a future application. 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 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. There is no specified quantity of day light or other physical outcome required by this criteria. The standard is for reasonableness and adequacy which vary by type of use and other specifics of development. Building codes also address this criteria through requirements for ventilation and lighting. A PDZ may request a change from existing standards that address these and other criteria. However, any alternative standard proposed must likewise be evaluated against these zoning amendment criteria. If the alternative standard does not meet this or other criteria it should not be approved. Open area, setbacks, and related elements affect this criterion and the 277 Staff Report for the Planned Development Zones Text Amendment 22133 Page 10 of 20 character of the district. At this time there is no evidence of lack of compliance by a future application. F. The effect on motorized and non-motorized transportation systems. Criterion is met. 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. One of the public benefit options under sustainability is to reduce transportation demand. Typical techniques to do this include mixing uses so services and homes are nearby and don’t require motor travel, excellence in pedestrian networks, and similar options. If this option is used the transportation system should be improved. As there is no known impact at this time the criterion is met. 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.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. A PDZ may request a change from existing standards that address this criterion. However, any such alternative standard proposed must likewise be evaluated against these zoning amendment criteria. This set of amendments does not itself alter any standard or allowed use. If a proposed package of development standards does not promote compatible growth it cannot meet this criterion. The text of the PDZ limits flexibility in uses to that allowed by the land use designation in the BCP2020 which will help keep uses consistent. At this time there is no evidence of lack of compliance by a future application. Therefore, staff concludes the criterion is met. H. Character of the district. Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the 278 Staff Report for the Planned Development Zones Text Amendment 22133 Page 11 of 20 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 directly. The PDZ process will result in new districts which will be included on the zoning map. Internally, each PDZ proposal will be consistent in character as it is proposed as a single package of standards. When considering how a proposed PDZ fits with adjacent development, that will be considered based on the specific location, uses, and standards included in the proposal. It is premature to consider specific proposals. 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. J. Conserving the value of buildings. Neutral. 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. When considering how a proposed PDZ fits with adjacent development, that will be considered based on the specific location, uses, and standards included in the proposal. The landowner is required to consent to creation of a PDZ, any impacts on existing buildings within a proposed PDZ will be with consent of the owners. It is premature to consider specific proposals. 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. The PDZ amendment requires that uses proposed in a development be consistent with the descriptions of the land use designations shown on the future land use map. 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 at this time. Any future PDZ will amend the zoning map. Therefore, any PDZ review will include analysis against spot zoning criteria when the specifics of location, type, and standards of development are known. 279 Staff Report for the Planned Development Zones Text Amendment 22133 Page 12 of 20 Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) 1. Subdivision regulations adopted after a growth policy has been adopted must be made in accordance with the growth policy. Criterion 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. The new Planned Development Zones are amendments to the zoning map and text and therefore must conform to the growth policy. Bozeman adopted a new growth policy in November 2020. The new PDZ review process narrows the focus of public benefits. Rather than 11 potential ways to show benefits, the new process includes 4. See section 38.430.050 in the text (Ordinance Section 20). This places greater emphasis on subjects deemed of most importance to the community including affordable housing, historic preservation, sustainability, and combinations of benefits. A review of the growth policy shows multiple goals and objectives relating to housing, historic preservation, provision of infrastructure, and sustainability. The proposed amendments implement the growth policy. The PDZ process requires provision of a public benefit in exchange for the flexibility in standards. Individual public benefits support different goals in the BCP2020. Examples of relevant goals and objectives are: R-1.4 Be integrated: bring together a range of distinct systems and institutions. R-2.6 Innovation: Advance new approaches and techniques that will encourage continual improvement and advancement of best practices. The existing PUD system has been in place for over 30 years. Although it has been updated periodically it does not represent current best practices. The PDZ revision advances best practice by increasing focus on key community priorities, including placement on the zoning map to improve public awareness of the special standards applicable to that site, and using the legislative rule making amendment process to address the discretionary review inherent in a PDZ rather than the more quasi-judicial current process. See analysis under the zoning criteria for more discussion of this item. Section 76-3-102, MCA (Subdivision Purposes) 2. Promote the public health, safety, and general welfare by regulating the subdivision of land. Criterion is met. The City is required to implement state mandates for the review of subdivisions. Review requires evaluation of impacts from development as well as surveying and documentation. The proposed amendments do not alter the subdivision review process itself. The PDZ amendments clearly state that the PDZ may not alter requirements not 280 Staff Report for the Planned Development Zones Text Amendment 22133 Page 13 of 20 established by the City such as legal and physical access and requiring compliance with terms of environmental permitting. Therefore, the criterion is met. 3. Prevent the overcrowding of land. Neutral. Overcrowding is the condition arising from more intensity of use than the property and infrastructure is capable of supporting. The proposed amendments do not address the underlying analysis of whether a proposed land use is the appropriate intensity of use. The City’s standards regarding appropriate intensity of use are established through the City’s zoning districts. Approval of a PDZ results in creation of a new zoning district. The necessary infrastructure to support development must still be provided in a timely manner and in sufficient quantity to address needs of the development. Any alternative standard proposed with a PDZ must be able to show compliance with the growth policy, facility plans, and zoning review criteria. 4. Lessen congestion in the streets and highways. Neutral. The proposed amendments do not change the existing standards which address this criterion. Adequate information to demonstrate compliance with adopted standards must still be presented as part of application submittals. The City’s transportation master plan and capital improvements program address needed expansions and improvements. Local improvements will continue to be required for individual subdivisions as currently is required. 5. Provide adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements. Yes. The existing regulations set forth processes and standards by which a development ensures required water supply, sanitary sewer, streets, stormwater, parks, etc. are provided. Compliance with those requirements is required as part of the submittal requirements for subdivision application. Construction follows approval of a preliminary plat and generally is completed before the final plat is approved. Approval of a PDZ results in creation of a new zoning district and alternate development standards. An applicant could propose a different method of meeting requirements such as stormwater control but must still be able to meet the functional needs of the development. The necessary infrastructure to support development must still be provided in a timely manner. Any alternative standard proposed with a PDZ must be able to show compliance with the growth policy, facility plans, and zoning review criteria. The regulations have no impact on providing adequate light and air. See also Zoning Criteria D and E. The criterion is met. 6. Require development in harmony with the natural environment. Neutral. The proposed amendments do not specifically address this issue. The existing standards for protection of water courses, wetlands, etc. are not modified. Revisions are made 281 Staff Report for the Planned Development Zones Text Amendment 22133 Page 14 of 20 to data submittal requirements. As more information becomes readily available on demand the specific information for an individual application can become more focused on essential material unique to that site. The proposed amendments do reduce required information to be submitted with individual subdivision applications. In fact, state changes demand full disclosure up front by the developer to show how much water is needed for their plan and where water consumption comes from; i.e. exempt well, City water supply, or a combination thereof. Due to the increased general availability of information, the reduction in application-specific submittal material will not negatively affect this criterion. Part of the PDZ public benefit options includes addressing sustainability. To use this the applicant must demonstrate reductions is use of two of three options of water, energy, or transportation. The reductions should support harmony with the natural environment. Use of this option is an alternative that may or may not be used by a specific PDZ. Due to the uncertainty of whether this option will be used and the potential for alternative standards a specific finding of compliance or non-compliance with the criterion cannot be made at this time. 7. Protect the rights of property owners. Criterion is met. Article 2, Section 3 of the Montana Constitution recognizes that land owners have both property rights and associated responsibilities. PDZ must be requested by the property owner and is a voluntary process. No part of the amendments remove rights of property owners without their consent. 8. Require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey. Neutral. The proposed amendments do not alter the standards previously found adequate to address this requirement. A PDZ may not alter standards established by non-city agencies such as the standards for monumentation or sale of land. Section 76-3-501, MCA (Subdivision Purposes) This section requires local governments to adopt regulations that reasonably provide for: 9. Orderly development within the jurisdictional area. Criterion is met. The PDZ process requires a three step process for approval. The concept plan allows for early identification of concerns so that formal applications can be complete and responsive to required criteria of review. A PDZ is reviewed as a zone map and text amendment. These processes must conform to the guidance of the growth policy (BCP2020) that establishes goals and priorities for the community. The legislative review process for a PDZ requires public notice and multiple public hearings where the larger community impacts can be considered. These additional standards will further support orderly development through early contact with affected parties and providing opportunities to avoid or address conflicts earlier in the review process. 282 Staff Report for the Planned Development Zones Text Amendment 22133 Page 15 of 20 10. Coordination of roads within subdivided land with other roads, both existing and planned. Neutral. The proposed amendments do not alter the existing standards or planned locations for road placement or expansion. New subdivisions will continue to be required to coordinate the development of roads servicing the development with the overall street grid of the City, both existing and planned. A PDZ may proposed alternate development standards. Under any proposal this criteria will remain necessary to meet and coordination will occur. A PDZ may not approve a waiver from a state required standard. See also Zoning Criterion F. 11. Dedication of land for roadways and for public utility easements. Neutral. The proposed amendments do not alter the existing standards for the width or planned locations for road placement or expansion. New subdivisions will continue to be required to coordinate the development of roads servicing the development with the overall street grid of the City, both existing and planned. Configuration of easements for public utilities such as water or sewer are not changing. See also Zoning Criterion F and Subdivision Criterion 10. 12. Improvement of roads. Neutral. The proposed amendments do not alter the existing standards for road improvements New subdivisions will continue to be required to coordinate the development of roads servicing the development with the overall street grid of the City, both existing and planned. Most detailed construction standards are now and will continue to be included in the Design and Specifications created by the Engineering Division. See also Zoning Criteria D and F and Subdivision Criterion 10. 13. Provision of adequate open spaces for travel, light, air and recreation. Criteria is met. Standards for light and air are generally established by the Building Code and Zoning regulations for individual lots. No changes are proposed affecting the amount of land to be set aside for public parks. Subdivisions are required by the Montana Subdivision and Platting Act to provide for mitigation of recreational impacts. A PDZ may propose alternate development standards. Under any proposal this criteria will remain necessary to meet and coordination will occur. A PDZ may not approve a waiver from a state required standard. See also Zoning Criterion F. 14. Adequate transportation, water and drainage. Neutral. City standards for the referenced infrastructure are unchanged by the proposed amendments. See comments in Subdivision Criteria 10-13. See also Zoning Criteria D and F. 283 Staff Report for the Planned Development Zones Text Amendment 22133 Page 16 of 20 15. Regulation of sanitary facilities, subject to section 76-3-511, MCA. Neutral. The proposed amendments do not modify the regulations in place to ensure adequate sanitary facilities to serve the development are installed in accordance with City standards. The City has not established standards greater than state regulations or guidelines that would be affected by 76-3-511. A PDZ may proposed alternate development standards. Under any proposal this criteria will remain necessary to meet and coordination will occur. A PDZ may not approve a waiver from a state required standard. Municipal water and sewer systems are subject to and designed to conform with state established regulations and a PDZ may not be approved contrary to those regulations. See also Zoning Criterion D. 16. Avoidance or minimization of congestion. Neutral. See responses to Criterion 3 and 4, and 10-14 above. The amendments to create the PDZ process do not in themselves address this criterion. Review of individual applications and proposed standards will be evaluated. 17. Avoidance of subdivision which would involve unnecessary environmental degradation and the avoidance of danger or injury to health, safety, or welfare by reason of natural hazard or the lack of water, drainage, access, transportation, or other public services or would necessitate an excessive expenditure of public funds for the supply of such services. Criterion is met. The proposed regulation establish a process by which individual developments can be reviewed. The expectation continues that all necessary infrastructure will be provided and environment features protected to avoid hazards to public safety. See also Zoning Criteria A, D, and F and Subdivision Criteria 54-6, 14, and 15. The criterion is met. 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 284 Staff Report for the Planned Development Zones Text Amendment 22133 Page 17 of 20 must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. 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 state legislature has limited the tools the City has to support affordable housing construction. The City is required to use incentives to encourage construction rather than mandating. The proposed ordinance places an increased emphasis on affordable housing as a public benefit in exchange for the flexibility allowed through a PUD. 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 and removed possible cost barriers by the following and other actions: • reduced standards such as land area per home by up to 60%, • reduced setbacks from property lines by as much as 58%, 285 Staff Report for the Planned Development Zones Text Amendment 22133 Page 18 of 20 • 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 • 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. 286 Staff Report for the Planned Development Zones Text Amendment 22133 Page 19 of 20 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 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 was the Housing Departures for Housing Creation text amendment, Ordinance 2111. Ordinance 2111 was provisionally adopted by the City Commission on June 7, 2022 and is scheduled for final adoption on June 28, 2022. Amendments to replace the planned unit development process is the 2nd element and the subject of this report. A replacement of 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. 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 6/12/2022, 6/19/2022, 7/03/2022, and 7/10/2022 and contained all required elements. The notice and text was also provided through the City’s Community Development web viewer and news feature on the City’s 287 Staff Report for the Planned Development Zones Text Amendment 22133 Page 20 of 20 website. Notice was provided at least 15 days before the public hearing before the Community Development Board in their capacity as the Zoning Commission, 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. No written public comment has been received so far on this Ordinance. Comments are available through the Laserfiche archive. If comments are received they will be placed in the project folder in Laserfiche. Two oral questions or comments were provided at the Community Development Board meeting. Both are included on the recording of the meeting linked in the Executive Summary above. 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 2104 Motion passed by Community Development Board on June 27, 2022 Flow chart of PDZ review process Procedure manual outlines for evaluating the three sustainability options and historic preservation Public information sheet 288 Ord 2104 Page 1 of 52 ORDINANCE 2104 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO REPEAL AND REPLACE DIVISION 38.430 PLANNED UNIT DEVELOPMENT, WITH ASSOCIATED CHANGES TO AUTHORIZED USES IN DIVISION 38.310 PERMITTED USES, AMEND 2.05.3000 ESTABLISHED – POWERS AND DUTIES, AMEND 38.200.010 REVIEW AUTHORITY, AMEND 38.200.100 BUILDING PERMIT REQUIREMENTS, TO REPEAL AND REPLACE 38.220.120 PLANNED UNIT DEVELOPMENT SUBMITTAL REQUIREMENTS, AMEND 38.220.420 NOTICE REQUIREMENTS FOR APPLICATION PROCESSING, AMEND 38.230.030 SPECIAL DEVELOPMENT PROPOSALS, AMEND 38.250.050 DEVIATIONS, AMEND 38.250.070 ZONING VARIANCES, AMEND 38.250.080 SUBDIVISION VARIANCES, AMEND 38.270.030 COMPLETION OF IMPROVEMENTS, AMEND 38.300.020 USE DISTRICTS DESIGNATED, ZONING MAP ADOPTED, AMEND 38.300.100.A RESIDENTIAL ZONING DISTRICTS, AMEND TABLE 38.310.030.B PERMITTED ACCESSORY AND NON-RESIDENTIAL USES IN RESIDENTIAL ZONING DISTRICTS, AMEND TABLE 38.310.040.E PERMITTED PUBLIC, REGIONAL, RECREATIONAL, CULTURAL AND ACCESSORY USES IN COMMERCIAL, MIXED-USE, AND INDUSTRIAL ZONING DISTRICTS, AMEND 38.350.030.D USE OF LANDS; BUILDINGS AND STRUCTURES, AMEND 38.350.050.D SETBACK AND HEIGHT ENCROACHMENTS, LIMITATIONS, AND EXCEPTIONS, AMEND TABLE 38.370.030 USES WITHIN DISTRICTS AND REQUIRED REVIEW PROCEDURES, AMEND 38.400.020 STREET AND ROAD DEDICATION, CREATE NEW DIVISION 38.440 LEGACY PLANNED UNIT DEVELOPMENTS, AMEND 38.550.050.M PLANNED UNIT DEVELOPMENT OPEN SPACES, AMEND 38.560.060.B SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT, AMEND 38.700.050 D DEFINITIONS, AMEND 38.700.080 G DEFINITIONS, AMEND 38.700.150 P DEFINITIONS, AND ESTABLISH 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 289 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 2 of 52 WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on June 27, 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 those elements of application No. 22133 related to Planned Unit Developments, be approved as proposed; and WHEREAS, after proper notice, the City Commission held its public hearing on July 12, 2022, to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated §§ 76-2-304, 76-3-102 and 76-3-501 and found that the proposed amendments 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 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. 3. Zoning and subdivision regulations must be in accordance with the adopted growth policy. 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. 290 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 3 of 52 6. The City Commission conducted a work session on March 1, 2022 to receive public comment, consider alternative options, and provide direction to Staff. 7. A staff report analyzing the required criteria for an amendment to the City’s regulations for zoning review, including accordance to the Bozeman Community Plan 2020, and required criteria for zoning regulations 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 their decision, the required criteria for approval of this ordinance have been satisfied. 11. The City Commission determines that the ordinance provides a proper balance of interests, rights, and responsibilities of all parties affected by the ordinance. 12. The City Commission determines that the new approach for planned unit developments provides a superior outcome compared to the existing planned unit development regulations. 13. The City Commission determines that the proposed ordinance conforms to all Montana laws. 14. The City Commission determines that establishing planned unit developments as independent zoning districts provides flexibility for individual projects without jeopardizing predictability and uniformity to other zoning districts. 15. The City Commission determines that the public benefits required with a planned unit development as revised in the amendments provide a superior outcome for the public health, safety, and welfare compared to the prior alternatives for a planned unit development to demonstrate public benefit. 16. The City Commission determines that the flexibility offered with the planned development zone is proportionate to the public benefits required. 291 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 4 of 52 Section 2 That 2.05.3000 Established –Powers and duties, of the Bozeman Municipal Code be amended as follows: Sec. 2.05.3000. Established—Powers and duties. A. The community development board established pursuant to Resolution No. 5330 shall act as the design review board for all purposes under this Code. The design review board (DRB) is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the review authority, subject to the provisions of chapter 38. B. The DRB shall act as an advisory body to the review authority for: 1. Development applications meeting one or more of the thresholds of section 38.230.040.C.; 2. Planned unit developments; and 3. Appeals from ADR decisions. C. The DRB may develop, and after adoption by the city commission, apply specific guidelines adopted by the city commission related to such concerns as architectural appearance, landscape design and signage for the construction and/or alteration of structures, sites or areas; D. When proposals for reuse, change in use or further development of a site are located in the neighborhood conservation overlay district, review by the DRB may be required to determine whether resubmittal as a new application is necessary in accordance with section 38.230.160.; E. The DRB may be requested to review the following development projects within the neighborhood conservation overlay district: new construction, alterations to existing structures, movement of structures into or out of the neighborhood conservation overlay district, or demolition of structures by any means or process in accordance with 38.340.A. F. The DRB must review any tax abatement or other incentive programs being considered by the city commission that are designed to stimulate preservation and rehabilitation of structures and properties with the neighborhood conservation district, and to review any proposed action or development utilizing these abatement or incentive programs in accordance with section 38.340.020. Section 3 That 38.200.010, Review authority, of the Bozeman Municipal Code be amended as follows: Sec. 38.200.010. Review authority. A. The city commission has the authority to review and require revisions to all development proposals subject to this chapter, and delegates that authority in certain circumstances as set 292 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 5 of 52 forth below. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health or general welfare, or to provide for its mitigation; to protect public investments in roads, drainage facilities, sewage facilities, water facilities, and other facilities; to conserve the value of adjoining buildings and/or property; to protect the character of the city; to protect the right of use of property; advance the purposes and standards of this chapter and the adopted growth policy; and to ensure that the applicable regulations of the city are upheld. 1. The city commission retains to itself under all circumstances the review of the following: a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this chapter; b. Amendments to the text of this chapter or amendment to the zoning map including planned development zones per 38.430.090; c. Requests for cash-in-lieu of parkland dedications, except: (1) In the B-3 zone district; or (2) When by resolution the city commission delegates decisions on cash-in-lieu for development for which it would not otherwise be the review authority. d. Extensions of subdivision preliminary plat approvals for periods greater than two years; e. Planned unit development preliminary plans and major amendments to planned unit developments; e.f. Appeals from administrative interpretations and final project review decisions; f g. Approval of preliminary park master plans when associated with a development for which the city commission is the review authority; g h. Large scale retail per section 38.360.160; h i. More than two deviations or where deviation is for more than 20 percent of standard. i. Conditional use permits when no board of adjustment is established; j. More than two deviations or where deviation is for more than 20 percent of standard. 2. The city commission conducts public hearing for applications under 76-2-402, MCA. B. The community development director must, upon recommendation from the applicable advisory bodies approve, approve with conditions or deny all applications subject to this chapter except those listed below. Decisions of the community development director are subject to the appeal provisions of division 38.250 of this chapter. 1. Projects excluded from community development director review: 293 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 6 of 52 a. Those applications specifically reserved to another approval authority as stated in this section; b. Development of city property which does not conform to all standards of this chapter; c. Any application involving variances from this chapter; 2. Exception. The city commission may, by an affirmative, simple majority vote of its members at a regularly scheduled meeting reclaim to itself the final approval of a development application normally subject to the approval of the community development director. The vote must occur prior to the action of the community development director. C. When a board of adjustment has been appointed per section 2.05.2800, the board of adjustment must, upon recommendation from the applicable advisory bodies approve, approve with conditions or deny those applications specifically delegated to it by the city commission. Decisions of the BOA are subject to the appeal provisions of division 38.250 of this chapter. 1. Exception. The city commission may, by an affirmative vote of three of its members at a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the approval of the board of adjustment. The vote must occur prior to the action of the board of adjustment. D. The city engineer must review and upon recommendation from the applicable advisory bodies when as needed approve, approve with conditions or deny the following site elements and processes: 1. The placement of private utility easements within public rights-of-way owned or controlled by the city; 2. Specifications and modifications therefrom for paving of streets and parking areas; 3. The waiver of required information per subparagraph 38.220.080.A.2.i(3); 4. Requirement for a traffic impact analysis and determination of its contents per subparagraph 38.220.120.A.2.c(5); 51. Site access and storm water for reuse and further development per section 38.230.160.B; 6. Modifications in required completion time for subdivision improvements per subparagraph 38.270.030.B.1; 7. The use of a financial guarantee for paving of streets per paragraph 38.270.060.C; 2. Location of storm water facilities within neighborhood centers per section 38.410.020; 3. The placement of private utility easements within public rights-of-way owned or controlled by the city; 4. The maximum length of dead end water mains per section 38.410.070; 5. The maximum length of service lines per section 38.410.070; 294 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 7 of 52 6. Exceptions to storm water controls per section 38.410.080; 7. All modifications or proposed standards in section 38.400.010 except subparagraph 38.400.010.A.1, Relation to undeveloped areas; 8. Plans and specifications for public infrastructure and infrastructure to be granted to the public per 38.400.060, Street improvement standards paragraphs A and B.1-3; 9. Alternate curb return radii per subparagraph 38.400.090.C.3; 10. Locations and modifications to drive accesses to public streets per paragraphs 38.400.090.G and H; 11. Street improvement standards and modifications therefrom per section 38.400.060; 1012. Departures for street vision triangles per section 38.400.100; 11. Exceptions to storm water controls per section 38.410.080; 12. Exceptions or modifications to installation of bikeways and boulevard trails per section 38.400.110.E; 13. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing per paragraphs 38.540.020.D, F and J; 14. Protection of landscape areas per paragraph 38.550.050.H; 15. All actions required of the flood plain administrator per article 6 of this chapter; 16. Modifications in required completion time for subdivision improvements per subparagraph 38.270.030.B.1; 17. The use of a financial guarantee for paving of streets per paragraph 38.270.060.C; 18. The waiver of required information per subparagraph 38.220.080.A.2.i(3); 19. Requirement for a traffic impact analysis and determination of its contents per subparagraph 38.220.120.A.2.c(5); 20. Specifications and modifications therefrom for paving of streets and parking areas; 21. Designation of street classifications for collectors and arterials not shown in the long range transportation plan; and 22. Alternate parking angles for surface and structured parking stall configurations listed in Table 38.540.020. All other numeric standards apply. 23. Exceptions or modifications to installation of bikeways and boulevard trails per section 38.400.110.E; E. The director of utilities public works must review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following development elements and processes: 1. Payment of cash in-lieu of capital facilities for utilities per section 38.270.070.C; 295 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 8 of 52 2. Location of storm water facilities within neighborhood centers per section 38.410.020; 31. Waiver of the requirement to extend water, sewer, and streets to the perimeter of property being developed per section 38.410.070; 4. The maximum length of dead end water mains per section 38.410.070; 5. The maximum length of service lines per section 38.410.070; and 62. Provision of water rights as authorized in section 38.410.130; 3. Subject to section 38.400.060, exceptions to the level of service standards established in section 38.400.060.B.4; 4. Payment of cash in-lieu of capital facilities established in section 38.270.070.C; and 5. Acceptable alternative sidewalk design or materials per section 38.400.080. F. The director of transportation and engineering must review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following development elements and processes: 1. Payment of cash in-lieu of capital facilities for streets and transportation per 38.270.070.C. 2. All modifications or proposed standards in section 38.400.010; 3. Departure for street cross section in section 38.400.020. 4. Subject to section 38.400.060, exceptions to the level of service standards established in section 38.400.060.B.4; 5. Street improvement standards and modifications therefrom per section 38.400.060; 6. Acceptable alternative sidewalk design or materials per section 38.400.080; 7. Locations and modifications to drive accesses to public streets per paragraphs 38.400.090.G and H; 8. Alternate parking angles for surface and structured parking stall configurations listed in Table 38.540.020. All other numeric standards apply; and 9. Designation of street classifications for collectors and arterials not shown in the long range transportation plan; G F. The director of parks and recreation must review, and as needed approve, approve with conditions or deny the following development elements and processes: 1. Determine the classification of recreation pathways per section 38.420.110.D. 2. Approve final park plans. 3. Approve preliminary park plans when a development is subject to approval by the director of community development. 296 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 9 of 52 4. Approval of calculations of cash-in-lieu of parkland amounts for development of property when: a. The initial dedication of land per section 38.420.020 has been provided; b. Money to be paid is to address mitigation of recreation impacts above the minimum land dedication; and c. A park master plan has been approved for the park servicing the land to be developed. H G. As detailed in division 38.200 of this chapter, the city commission authorizes the applicable advisory bodies to review and to make recommendations to the review authority regarding development proposals. Under this section, when advisory boards review and make recommendations to the review authority they act in a quasi-judicial capacity. Recommendations do not constitute votes of approval or denial. I H. The city commission or its designated representatives may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations. The city commission or its designated representatives may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the development as submitted. Recognizing that the standards of this chapter are minimum requirements and the public health, safety, and general welfare may be best served by exceeding those minimums, the city commission or community development director may require as a condition of approval mitigation exceeding the minimums of this chapter. I Decisions of the community development director and other review authorities are subject to the appeal provisions of division 38.250 of this chapter. Section 4 That 38.200.100, Building permit requirements, of the Bozeman Municipal Code be amended as follows: Sec. 38.200.100. Building permit requirements. A. No building or other structure may be erected, moved, added to or structurally altered and no land use may be changed without valid permits as prescribed in this division. 1. Only minor site surface preparation and normal maintenance is allowed prior to conditional approval by the appropriate review authority and the issuance of a building permit, provided such activity does not include excavation for foundations or the removal of mature, healthy vegetation. Minor site surface preparation means disturbing less than one-half acre, movement of 30 cubic yards or less of material, or a cut or fill of less than cumulative one foot whichever is less. Any excavation and site disturbance must be in conformance with an approved stormwater control plan. No excavation of 297 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 10 of 52 foundations or setting of forms can commence until final site or sketch plan approval has been granted and until building permits have been issued. Proceeding prior to building permit issuance is at the hazard of the landowner. a. Exception:When construction and funding of public streets are occurring under the provisions of division 38.430 of this chapter, Planned unit development (PUD), tThe issuance of building permits may be allowed prior to completion of infrastructure improvements, pursuant to the provisions established in division 38.270. of this chapter. 2. Building permit. Within the limits of the city, building permits must be obtained as provided by section 10.02.020. 3. Based upon an approved sketch, site plan, certificate of appropriateness, conditional use permit or planned unit development (hereinafter referred to as "plan"), and after any appeals have been resolved, a building permit for the site may be requested and may be granted, provided such building permit is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension as allowed in divisions 38.230 and 38.430. Section 5 That 38.220.120, Planned unit development submittal requirements, of the Bozeman Municipal Code be deleted in its entirety and replaced as follows: 38.220.120 Planned development zone general plan and final plan submittal requirements The following information must be presented in a PDZ general development plan for the entire property in an application for a PDZ rezoning, unless the review authority determines that one or more of the items is not necessary in light of the size, location, availability of existing services, or information already available to the city related to the proposed development: A. An application form and required application fee. B. One or more map or drawings showing (1) the existing conditions on-site and within 200 feet of the project boundary, and (2) the proposed final conditions for each of the following at a concept level of detail. Final plans, studies, and engineering detail will be required with applications for Final Development Plans. 1. Site boundaries (with dimensions and legal description); 2. Site topography (including existing features to be retained); 3. Watercourses, wetlands, agricultural water user facilities, irrigation facilities, and floodplain boundaries; 3. General land uses, including maximum number and unit type of dwelling units and maximum gross floor area of non-residential land uses for each portion of the property; 298 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 11 of 52 4. General lot and street network and access points to arterial and collector streets and current transit facilities and routes; 5. General locations of trails, bicycle paths, and pedestrian ways; 6. General location of parks and open space network; 7. General landscaping plan for public areas, property boundaries, and proposed street frontages; 8. General Storm drainage retention/detention areas, and stormwater design plan; and 9. General locations of major water and sewer line locations and utility easements. 10. General phasing sequence and boundaries. C. A map identifying a reference base district for each portion of the PDZ property, and a narrative explanation of any standards in each respective reference base district requested by the applicant that are to be adjusted or waived in that area, the extent of adjustment or waiver requested, and any non-standard uses proposed to be included; D. Acknowledgement that any reference base district standards or other standard not explicitly modified by the PDZ is subject to change if the reference base district is amended. E. If phasing of development is proposed, a separate phasing plan with phases clearly identified; F. An explanation of the proposed land use and development density or intensity for each portion of the site and a calculation of each proposed land use as a percent of total site area; and. G. Any additional information needed to confirm that the application meets the eligibility requirements in 38.430.050.A through E for the type of PDZ being requested, as determined by the review authority. F. The general or final plan must include revised documents necessary to demonstrate how the general and final plan addresses previous review comments and conditions of approval of the general plan and a written narrative stating how each of the conditions of approval and noted code provisions or other demonstrations of compliance with standards have been satisfactorily addressed. This narrative must be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. G. The final plan must clearly identify the standards established through the PDZ that differ from the reference base district. The final plan must acknowledge in writing that any reference base district standard not explicitly established through the PDZ is subject to amendment and revision as the reference base district is amended. If the base district is later removed from the municipal code the city will apply the district which by the city’s determination is the most similar district. 299 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 12 of 52 Section 6 That Table 38.220.040 of 38.220.420, Notice requirements for application process, of the Bozeman Municipal Code be amended as follows with all other elements of the section remaining as presently written: Table 38.220.420 Minimum standards for timing, location of noticing area and type of notice. Application Distance Notice Type Text amendment NA Newspaper Zone Map Amendment - rezoning, or with annexation, or as planned development zone 200 Newspaper, post on- site, mail 1st class Zone Map Amendment - Resulting from ordinance changes None Newspaper Variance - Floodplain and zoning 200 Newspaper, post on- site, mail 1st class Noticing for 76-2-402, MCA claims None Newspaper, post on- site Deviation 200 Newspaper, post on- site, mail 1st class Appeals of Administrative Project Decisions 200 Newspaper, post on- site, mail 1st class Appeals of Administrative Interpretations None Newspaper Sketch plan/reuse/change in use/further development None None Sketch plans for adding dwellings in the neighborhood conservation overlay district, demolition of historic structures as defined in article 7 of this chapter, or modification of wetlands. None Post on-site Informal/concept plan None None Preliminary site plan and master site plan 200 Post on-site, mail 1st class Preliminary Planned Unit Development 200 Newspaper, post on- site, mail 1st class Conditional Use Permit / Special Use Permit 200 Newspaper, post on- site, mail 1st class 300 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 13 of 52 Floodplain permit 200 Newspaper, mail 1st class Certificate Of Appropriateness None None Subdivision exemption None None Subdivision subject to 76-3-616 MCA including subdivision or other variances 200 Post on-site, mail 1st class Subdivision subject to 76-3-623 MCA 200 Newspaper, post on- site, certified mail to adjacent owners, mail 1st class all others Notice of violation per 38.200.160 None Certified mail to landowner Section 7 That 38.230.030, Special development proposals—Additional application requirements, review procedures and review criteria, of the Bozeman Municipal Code be amended as follows: Sec. 38.230.030. Special development proposals—Additional application requirements, review procedures and review criteria. A. Application requirements. Applications for special development proposals (e.g. PUD, CUP, flood plain development permits, variances, etc.) must include: 1. The required information for plans described in section 38.220.080; 2. Any additional application information required for specific reviews as listed in the following divisions of this chapter: a. Division 38.430, Planned Unit Development; b a. Division 38.360, Standards for Specific Uses; c b. Division 38.370, Telecommunications; d c. Division 38.600, Bozeman Floodplain Regulations; and e d. Division 38.250, Appeals, Deviations and Variance Procedures. B. Review procedures and review criteria. Additional review procedures and review criteria for specific development proposals are defined in the following sections and divisions of this chapter: 1. Section 38.230.080, Certificate of appropriateness; 2. Section 38.230.110, Conditional use; 3. Section 38.230.120, Special use permit; 301 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 14 of 52 4. Division 38.430, Planned Unit Development; 5. Division 38.360, Standards for Specific Uses; 6.5. Division 38.370, Telecommunications; 7.6. Division 38.600, Floodplain Regulations; and 8.7. Division 38.250, Appeals, Deviations and Variance Procedures. Section 8 That 38.250.050, Deviations, of the Bozeman Municipal Code be amended as follows: Sec. 38.250.050. Deviations. All requests for deviations in the neighborhood conservation overlay district or through the PUD process must be heard by the review authority established in section 38.200.010. Deviations may only be applied for in conjunction with submittal of a development proposal of a type authorized by divisions 38.230 and 430 of this chapter. Standards and criteria for award of deviations are contained in divisions 38.340 and 430 of this chapter. The granting of a deviation is an exercise of administrative power that can effect no change in the chapter. A deviation may be granted only in a specific instance permitting a nonconformity in order to accomplish the specific objectives of sections 38.340.070 and 38.430.030.D, and provided the standards and criteria imposed are met. Deviations must not be granted for relief from procedural requirements, or to waive or vary the application of an ordinance provision imposing specific safety requirements, or to waive or vary the application of other ordinances or statutes. Section 9 That Paragraph A of 38.250.070, Zoning variances, of the Bozeman Municipal Code be amended and Paragraph G of 38.250.070 be created as follows with all other elements of the section remaining as presently written: D. Authorization and limitations on approval. 1. The review authority may, after public notice, opportunity for public comment, and consideration of the application, deny, approve or conditionally approve all requests for variances meeting all the criteria of this section, including: a. Requests to modify dimensional or other numerical requirements of this chapter; b. Requests for multiple variances; c. Requests to modify flood hazard district requirements subject to the provisions of article 6 of this chapter, except that no variance may be granted to allow construction of buildings within the floodway of a 100-year frequency flood as defined in title 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.); and 302 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 15 of 52 d. Requests for variances in conjunction with conditional use permits. Approvals of all such variances must be conditioned upon review authority approval of the conditional use permit. 2. The scope and extent of the variance must be limited to the minimum relief necessary to provide reasonable use of the property. 3. In no case may the review authority grant variances to allow uses not already permitted pursuant to this chapter or alter administrative requirements of this chapter. Permission to change uses allowed on a parcel may be sought through a zone map amendment, or an amendment to the text of the applicable zoning district, or through a planned unit development subject to division 38.430. 4. Notifications of approval for variances related to flood hazard requirements of article 6 of this chapter must notify the applicant that: a. The issuance of a variance to construct a building below the 100-year floodplain elevation will result in increased premium rates; and b. Such construction below the 100-year flood elevation increases risks to life and property. … G. Planned development zone. Where the standards and requirements of this chapter are proposed to be modified through a planned development zone, the applicable process is a review of a planned development zone rather than a variance. Section 10 That Paragraph F of 38.250.080, Subdivision variances, of the Bozeman Municipal Code be amended as follows with all other elements of the section remaining as presently written: F. Planned unit development. Where the standards and requirements of this chapter are proposed to be modified through a planned unit development, the applicable process is a deviation review of a planned unit development rather than a variance. Section 11 That Paragraph D of 38.270.030, Completion of improvements, of the Bozeman Municipal Code be amended as follows with all other elements of the section remaining as presently written: D. Exception for concurrent construction. In certain circumstances, the issuance of a building permit may be allowed prior to completion of the public infrastructure, provided that the following criteria are met: 303 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 16 of 52 1. The city will have an opportunity to review and approve future proposed development through a site plan review or planned unit development development is using the incentives of 38.380.030; 2. The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in section 38.270.080. If a financial security is used, the amount will be determined by the city and in an amount not less than 150 percent of the cost of the improvements verified against city publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the city may be used. The security must be in the name of the city and must be at least six months longer than the time of performance required by the improvements agreement; 3. Improvements must be complete within two years of the date of the improvements agreement; 4. Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the engineering department, and the Montana Department of Environmental Quality when applicable, prior to issuance of any building permit for the development; 5. Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the development must cease until required phases of infrastructure improvements as described in the improvements agreement have been completed, and inspected and accepted by the city; 6. The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the city. The commercial general liability policy must name the city as an additional insured. The developer must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof; 7. The developer must recognize, acknowledge and assume the increased risk of loss because certain public services do not exist at the site; 8. If public funds or other third party funding will be used to fund all or part of the installation of infrastructure, the improvements agreement between the developer and the city must identify the type or types of predetermined infrastructure funding. Public or third party funding may include, but is not limited to reimbursement, payment up front, creation of a special improvements district, or grants; 9. No occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the development will be allowed until required infrastructure improvements have been completed, inspected, and accepted by the city, and a certificate of occupancy has been issued; a. No occupancy of structures or commencement of any use is allowed when such action would constitute a safety hazard in the opinion of the city; 304 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 17 of 52 10. The developer must enter into an agreement with the city to address the provision of any services on an interim basis during construction, if deemed appropriate; 11. The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section; 12. The developer must pay for any extraordinary costs associated with the project which the city may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs; 13. The development must be under the control of a single developer and all work must be under the supervision of a single general contractor. The developer and general contractor must agree that there must be no third-party builders until required infrastructure improvements have been completed, and inspected and accepted by the city; and 14. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval of the community development director in consultation with the city engineer and with a recommendation from the development review committee. Section 12 That Paragraph A of 38.300.100, Residential zoning districts – intent and purpose, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: A. Residential suburban district (R-S). This district is not available for newly created subdivisions, undeveloped land, or any land annexed into the city on or after January 1, 2018. The intent and purpose of the R-S residential suburban district is to commemorate and preserve existing RS zoning only. These purposes are accomplished by: 1. Subdivision and site plan developments in this district are subject to the provisions of division 38.430 of this chapter, pertaining to planned unit development, and shall be developed in compliance with the adopted city growth policy. 1 2. Allowing permitted uses in circumstances where environmental constraints limit the desirable density. 305 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 18 of 52 2 3. Providing for a minimum lot size in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas. 4. This district is not available for newly created subdivisions, undeveloped land, or any land annexed into the city on or after January 1, 2018. Section 13 That 38.300.020, Use districts designated, zoning map adopted, of the Bozeman Municipal Code be amended as follows: Sec. 38.300.020. Use districts designated, zoning map adopted. A. The city is divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by this reference and declared to be a part of this chapter. B. The purpose statements for each zone and map designation set forth in part 2 of this division shall be used to guide the application of the zones and designations to all lands in the city. The purpose statements also shall guide interpretation and application of land use regulations within the zones and designations, and any changes to the range of permitted uses within each zone through amendments to this title. For the purpose of this chapter, the city is divided and classified into the following use districts: R-S Residential Suburban District R-1 Residential Low Density District R-2 Residential Moderate Density District R-3 Residential Medium Density District R-4 Residential High Density District R-5 Residential Mixed-Use High Density District R-O Residential-Office District RMH Residential Manufactured Home Community District B-1 Neighborhood Business District B-2 Community Business District B-2M Community Business District - Mixed B-3 Downtown Business District UMU Urban Mixed-Use District M-1 Light Manufacturing District M-2 Manufacturing and Industrial District B-P Business Park District PLI Public Lands and Institutions District 306 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 19 of 52 NEHMU Northeast Historic Mixed-Use District NC Neighborhood Conservation Overlay District REMU Residential Emphasis Mixed-use District PDZ Planned Development Zone C. Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services. Section 14 That Table 38.310.030.B, Permitted accessory and non-residential uses in residential zoning districts, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: Table 38.310.030.B Permitted accessory and non-residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH Accessory uses Essential services Type I* A A A A A A A A Guest house* A A A A A A A — 307 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 20 of 52 Home-based businesses (38.360.150)* A/S A/S A/S A/S A/S A/S A/S A/S Other buildings and structures typically accessory to authorized uses A A A A A A A A Private or jointly owned recreational facilities A A A A A A A A Signs*, subject to article 5 of this chapter A A A A A A A A Temporary buildings and yards incidental to construction work A A A A A A A A Temporary sales and office buildings A A A A A A A A Non-residential uses Agricultural uses* on 2.5 acres or more (38.360.270) P — — — — — — — Agricultural uses* on less than 2.5 acres (38.360.270) C — — — — — — — Bed and breakfast* C C C C P P P — Commercial stable (38.360.230) C — — — — — — — Community centers* C C C C C C P C Day care centers* S S S P P P P S Essential services Type II* P P P P P P P P Essential services Type III*2 C C C C C C C C Short Term Rental (Type 1)* P P P P P P P — Short Term Rental (Type 2)* — — P P P P P — Short Term Rental (Type 3)* — — — — — — — — General service establishment* — — — — — — P5 — 308 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 21 of 52 Golf courses C C — — — — — — Offices* — — — — S3 S3 P — Public and private parks P P P P P P P P Medical offices, clinics, and centers* — — — — C C3 P — Recreational vehicle parks (38.360.210)* C — — — — — — P Restaurant* — — — — — P4 P5, 6 — Retail* — — — — — P4 P5, 6 — Uses approved as part of a PUD per division 38.380 of this article C C C C C C C C Veterinary uses S — — — — — — — Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 3. Only when in conjunction with dwellings. 4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street corner sites within a mixed-use building featuring residential units next to and/or above subject uses. 5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant. 6. These uses may not include drive-through facilities. Section 15 That Table 38.310.040.E, Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use, and industrial zoning districts, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: Table 38.310.040.E Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed- use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 309 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 22 of 52 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. Uses Zoning Districts Commercial Mixed Use Industrial PLI B- 11 B- 2 B- 2 M B- 3 UMU (38.310 .050) REMU (38.310 .060) NEHM U2 B P M -1 M -2 Public, educational, government and regional Business, trade, technical or vocational school — P P P3 P P P P P P — Cemeteries* — — — — — — — — — — P Essential services (38.360.130) • Type I A A A A A A A A A A A • Type II P P P P3 P P P P P P P • Type III C4 P P C3 , 4 C C4 P C P P P P Meeting hall — P P P P P — — — — — Production manufacturing and generation facilities (electric and gas) — — — — — — — — — S — Public and nonprofit, quasi- public institutions, e.g. universities, elementary junior and senior high — — — — — — — — — — P 310 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 23 of 52 schools and hospitals Public buildings and publicly owned land used for parks, playgrounds and open space P — P — P P P P P P P P P Solid waste transfer station — — — — — — — — — C P Solid waste landfill — — — — — — — — — — C Truck, bus and rail terminal facilities — — — — — — P — P P — Recreational, cultural and entertainment Adult business (38.360.050)* — — — — — — — — P P — Amusement and recreational facilities — P P — P — P — P C — Arts and entertainment center* P P P P P P 12,000s f — — — — — Casinos — — — — — — — — C C — Community centers (38.360.090)* P P P P P P P P P P P Accessory and/or other uses Agricultural uses* — — — — — — — — — P — Home-based businesses (38.360.150)* A A A A A A A A A A — Other buildings and structures (typically accessory to permitted uses) A A A A A A A A A A A Temporary buildings and — — — — — — A A A A — 311 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 24 of 52 yards incidental to ongoing construction work Any use, except adult businesses and casinos, approved as part of a planned unit development subject to the provisions of division 38.430 C C C C C C C C5 C5 C5 — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 3. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse Avenue and from the alley one-half block north of Main Street to the alley one-half block south of Main Street) unless visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade adjacent to a street. 4. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 5. Also excludes retail, large scale uses. Section 16 That Paragraph D of 38.350.030, Use of lands; buildings and structures, of the Bozeman Municipal Code be amended as follows with all other elements of the section remaining as presently written: D. Municipal infrastructure requirements. 1. Whenever any building lots and/or building sites are created inside the city limits or existing lots are annexed, and prior to the issuance of any building permits on such lots or sites, municipal water distribution, municipal sanitary sewer collection, and streets must be provided to the site. Each building site must utilize and be connected to both the municipal water distribution and municipal sanitary sewer collection systems. Installation of improvements is subject to division 38.270 of this chapter. a. Alternative. When, in the city's sole determination, it is in the city's long term best interests to allow a building lot or site to be created or developed without immediate access to either municipal water or municipal sewer the city may, at its sole discretion, make such allowance when all of the following have been met: (1) The non-municipal system to service the lot or site must be designed, reviewed and constructed to meet city standards. Systems serving more than one lot or user must be central systems; 312 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 25 of 52 (2) The non-municipal system must be designed and constructed in a manner to allow connection to the municipal system components shown in applicable facility plans to serve the property at such time as it becomes available; (3) The landowner must provide waivers of right to protest creation of special improvement districts or other financing methods to extend municipal water and sewer services. Such extensions or connections may require construction of system components that are not immediately adjacent to the building lot or site; (4) The landowner must agree to connect to municipal water and sewer services and abandon and remove non-municipal services when so instructed by the city. Such agreement must be binding on all successors and run with the land; (5) If the city takes responsibility to operate the non-municipal system it may impose a surcharge to cover extra operational expenses. City operation of the system is at the city's discretion; (6) The requirement for future connection to the municipal water and/or sewer system, waivers and agreements, and other applicable materials must be either noted on the plat or final plan or a separate notice be recorded at the county clerk and recorder's office so that such notice will appear on a title report or abstract of the property; (7) No non-municipal water or sewer systems must be constructed until all necessary approvals from the state department of environmental quality, City of Bozeman, county health department, and any other relevant agency have been received; and (8) The use of municipal water or sewer systems is considered to be the best means to protect the public interest and welfare. The alternative for the use of non-municipal systems is intended to be used sparingly and in extraordinary circumstances. In order to protect the public interest, in approving a non- municipal system the city may impose such conditions of approval as it deems necessary. 2. These improvements must be designed, constructed and installed according to the standards and criteria as adopted and approved by the city prior to the issuance of any building permits. 3. When municipal water distribution and municipal sanitary sewer collection systems are being provided to serve a development proposal occurring under the provisions of division 38.430, planned unit development (PUD), tThe issuance of a building permit may be allowed prior to completion of the public infrastructure, provided the criteria, standards, and limitations of section 38.270.030 are met. 313 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 26 of 52 4. Notwithstanding the provisions of subsection D.3 of this section, the city may limit the scope, type and number of projects eligible for simultaneous construction consideration. Section 17 That Paragraph D of 38.350.050, Height limitation exceptions, of the Bozeman Municipal Code be amended as follows with all other elements of the section remaining as presently written: D. Height limitation exceptions. 1. Non-specific exemptions. No building, or part thereof, or structure must be erected, reconstructed or structurally altered to exceed in height the limit herein designated for the district in which such building is located, except as is specified in division 38.250 of this chapter., or as specifically authorized as an approved condition of a planned unit development. Such approved conditions must include the recommendations of the city fire marshal. 2. Specific exemptions. a. Height limitations do not apply to church spires, belfries, cupolas and domes; monuments; chimneys and smokestacks; flag poles; public and private utility facilities; parapet walls extending no more than four feet above the limiting height of the building except as hereinafter provided: amateur radio antennae; solar energy collectors and equipment used for the mounting or operation of such collectors; and building mounted horizontal and vertical axis wind energy collectors under 15 feet in height from the building mounting surface, and equipment used for the mounting or operation of such collectors. b. Places of public assembly in churches, schools and other permitted public and semi-public buildings may exceed height limitations otherwise established by this chapter, provided that: (1) The portion of the building that exceeds the height limit must be limited to 10 percent of the total building footprint; and (2) That for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear setbacks must be increased in width or depth by an additional one foot over the side and rear setbacks required in the district. c. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from height limitations otherwise established in this chapter, provided that no linear dimension of any such structure exceed 50 percent of the corresponding street frontage line. d. Towers and monuments, cooling towers, gas holders or other structures, where the manufacturing process requires a greater height, and grain elevators and silos are 314 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 27 of 52 exempt from this chapter, provided that any structure above the height otherwise permitted in the district must occupy no more than 25 percent of the area of the lot and must be at least 25 feet from every lot line. e. Height restrictions for wireless facilities are governed by division 38.370 of this chapter. Section 18 That 38.370.030, Uses within districts and required review procedures, of the Bozeman Municipal Code be amended as follows: Sec. 38.370.030. Uses within districts and required review procedures. A. Purpose. Thise purpose of this section authorizes is to describe the procedures under which certain telecommunication uses may be permitted as principal or conditional uses in specific districts. Unless specifically exempted by this division 38.370, all other standards and procedures of this chapter must apply. 1. The Montana Subdivision and Platting Act (MCA 76-3-101 et seq.) may require subdivision review when land interests are created by rent or lease. Depending on how the ownership and use of land for a facility subject to this division 38.370 is established, subdivision review may be required in addition to site plan review. B. No wireless facility may be permitted except in accordance with the development review processes indicated in Table 38.370.030 in subsection B.1 of this section, based on the applicable zoning district and scope of the proposed facility. Principal uses are indicated with a "P", conditional uses are indicated with a "C", accessory uses are indicated with an "A", planned unit development is indicated with a "PUD", and uses which are not permitted within the district are indicated by a "-". All applications are subject to the review processes, submittal requirements and other requirements of articles 38.230, 38.430 and 38.220 of this chapter as may be applicable. 1. Review procedures. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. Table 38.370.030 Zoning District Large scale Small scale Micro scale Non-broadcast PLI P P A P M-2 P P A P M-1 P P A P B-P C P/C1 A P B-3 C P/C1 A P B-2 C P/C1 A P B-2M C P/C1 A P 315 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 28 of 52 B-1 C P/C1 A P UMU C P/C1 A P REMU PUD S9 P/C1 A C NEHMU P P A P R-O PUD S9 C P C R-5 PUD S9 C P C R-4 PUD S9 C P C R-3 PUD S9 C P C R-2 PUD S9 C P - R-1 PUD S9 C P - R-S PUD S9 C P C Note: 1. Conditional use review is required when the proposed facility exceeds the height limitation of the district. 2. Collocation upon a previously approved wireless facility, when such additional facilities were contemplated as part of the original review, must be reviewed as a sketch plan in all zones. 3. A wireless facility may be permitted as an accessory use in any non-residential district when: a. It is for the exclusive use of a single on-site business when the business has otherwise been approved under division 38.230 or 38.430 of this chapter, rather than offered to additional parties; b. It is in compliance with the maximum building height limitations of the zoning district; c. It complies with all setback and other zoning requirements; and d. Has eight or less square feet of total antenna surface area. 4. Installations located within the neighborhood conservation overlay district must be reviewed against the criteria of division 38.340 of this chapter as applicable, and a certificate of appropriateness is required before issuance of a building permit. 5. Prior to submitting an application for a large scale or small scale wireless facility, the applicant must request in writing a pre-application conference with the community development department. The purpose of the pre-application conference is to acquaint the participants with the applicable requirements of this division 38.370, as well as with any preliminary concerns the department may have. 6. The applicant's written request for a preapplication conference must include the following information with regard to the proposed facility: a. Location; b. Overall height; c. Number of antennas proposed, including those of other providers to be collocated; d. Type of wireless communication services to be provided; and e. Coordination of ground equipment shelters. 7. Adequate review of applications may require the city to retain consultants or other third party assistance to review an application. In such event the applicant must reimburse the city for the actual costs incurred prior to issuance of a building permit. 8. The provisions of division 38.280 of this chapter must apply for all nonconforming facilities subject to this division 38.370. 9. When demonstrated to be necessary to meet federal requirements for continuity of service in an area. Section 19 316 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 29 of 52 That 38.400.020, Street and road dedication, of the Bozeman Municipal Code be amended as follows: Sec. 38.400.020. Street and road dedication. A. General. All streets or alleys within, or providing access to, the proposed development must comply with 38.400.050, be dedicated to the public, or be privately maintained streets to be owned by the city and maintained by an approved non-city maintenance provider. property owners' association, or, if the criteria of this section are met, be a public street easement. 1. Public street easements. Public street easements must: a. Be in the city’s standard form or be approved by the city attorney's office; b. Be recorded in the county clerk and recorder's office; and c. Clearly grant to the public an unrestricted right of ingress and egress from a public street to the property to be subdivided. 2. Privately maintained public streets. a. Privately maintained streets may be required tomust have a public access easement. if deemed necessary by the city. b. If a privately maintained local street is proposed, the following standards must be met: project must be reviewed as a planned unit development. However, development proposals containing private streets are exempt from the PUD review requirement if : (1) A local private street is proposed and tThe street right of way complies would comply with the city standard of-way requirement of 60 feet, and the standard back-of-curb to back-of-curb width is of 31, 33 or 35 feet; or (2) A local private street is proposed and tThe street right of way complies would comply with the city standard right-of-way requirement of 60 feet. The back-of-curb to back-of-curb width may vary from city standards, provided that: the review authority approves a departure for the back-of- curb to back-of-curb width when: (a) An alternate street cross section is provided which provides the functional equivalent for pedestrian and vehicle travel, snow and stormwater management, and parking of motor and other vehicles. (b) A report certified by a professional engineer addressing site conditions including zoning and expected intensity of development over time, ability to accommodate unexpected intensity of development, connectivity to other streets, expected traffic volumes, site distances, spacing of accesses, turning movements, and proposed alternative means of addressing standards including but not limited to stormwater. 317 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 30 of 52 (c) Based upon the above data, the review authority will determine whether a modification from the required standards is justified. The alternative design must protect the public's health, safety and welfare, the intent of this chapter, and the intent of the city's growth policy. (d a) A permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance; and (e b) The developer signs a waiver of right to protest the creation of SIDs, or other perpetual legal instrument, acknowledging that the city will not assume dedication and/or maintenance of the streets unless the street is brought up to city standards, or the property owners' have agreed to an assessment to fund improvements required to bring the street up to city standards. The developer must record the waiver, or other legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required. (f) The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising from approval of an alternative street cross section under this section. c. Privately maintained collector or arterial streets are not allowed. c d. Documented proof of adequate funding and scheduling for maintenance of all privately maintained public streets, must be provided, subject to section 38.270.090. Section 20 That 38.430, Planned Unit Development, of the Bozeman Municipal Code be deleted in its entirety and replaced with a new section as follows with some elements of the former 38.430 amended and moved to a new division 38.440: Division 38.430 Planned Development Zone Districts 38.430.010 Purpose The purpose of the planned development zone (PDZ) district is to provide a general structure and plan for specific properties to encourage flexibility and innovation that: A. Create distinct neighborhoods with quality urban design and mutually supportive uses; and 318 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 31 of 52 B. Support implementation of community plans and goals, including but not limited to the city’s adopted growth policy; and C. Provide community benefits through the creation of affordable housing, inclusion of environmentally sustainable design features, and retention of historic structures; and D. Protect and promote the health, safety, and general welfare of the community. 38.430.020 Planned Unit Developments (PUD)s Approved or Adequate Prior to [Effective Date] A. Individual PUDs approved by the city prior to [Effective Date], and PUD applications received by the city prior to [Effective Date] that have completed the adequacy review process prior to [Effective Date] must after [Effective Date] be referred to as Legacy Planned Unit Developments. B. Individual Legacy Planned Unit Developments shall be governed by, and may be amended pursuant to, the rules regarding PUDs in effect prior to [Effective Date]. The PUD regulations in effect prior to [Effective Date] are renamed legacy planned unit developments and are in division 38.440. 38.430.030 PDZs Approved After [Effective Date] A. PDZ applications approved by the city after [Effective Date], and submitted PUD applications that have not completed the adequacy review process prior to [Effective Date] shall be subject to the regulations in this division. B. A PDZ application must identify a standard base zoning district, from those listed in division 38.300 (the “reference base district”) for each portion of the PDZ area. Different reference base districts may be designated for different portions of the property. The project must be designed in conformance with the standards in this chapter applicable in the reference base district unless an alternative standard or allowance is approved with the PDZ. If a PDZ has more than one reference district the boundaries of the different areas should generally follow the boundary guidance of 38.300.050.A. C. PDZ districts adopted pursuant to this division must be implemented through the creation of new zoning districts through zoning map amendments as described in division 38.260, Part 2 and shall be labeled on the base zone district layer of the city’s official zoning map as "PDZ." Individual PDZ are not added to or listed in 38.300.020. 38.430.040 Eligibility for Rezoning to PDZ District A. An application for rezoning to a PDZ district may only be accepted for review by the city if the review authority determines that the application complies with the following general criterion along with the PDZ type-specific criteria in Sec. 38.430.050, as determined by the director: 1. All property included in the proposed PDZ must be under common ownership or control or must be the subject of an application filed jointly by the property owners of all the property to be included. 319 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 32 of 52 B. Compliance with the eligibility criteria allows the applicant to begin negotiations with the City regarding the specific uses, structures, layout, and design that will be used to satisfy the eligibility criteria. C. Compliance with the eligibility criteria does not indicate that the PDZ will be approved by the city. Approval by the city requires a city commission finding that the criteria for approval in section 38.430.090 are met. 38.430.050 Specific PDZ Eligibility Requirements The proposed PDZ district must, as determined by the review authority, comply with the eligibility criteria of at least one of the following five types of PDZ. A. Affordable Housing PDZ 1. Eligibility. An affordable housing PDZ application must predominantly include residential dwelling units and must propose: a. That all parcels on which single-household detached dwelling units will be constructed are permitted to construct an accessory dwelling unit either within the primary building or in a freestanding accessory building in compliance with the provisions of 38.360.040; and b. The following amounts and levels of affordable housing: (1) Between [Effective Date] and that date on which the city commission adopts an ordinance or resolution establishing a different required amount of affordable housing or a different required level of income-restriction or both, the PDZ must propose to provide: Table 38.430.050: Affordable Homes Required    Minimum Percentage of Homes  Maximum Percentage of AMI  Duration Rental Dwellings  For-Sale Dwellings (includes condominiums) Type of Housing    Single-Household Detached Dwelling  =>10%  80% of AMI  120% of AMI  =>30 years Single-Household Attached Dwelling  =>10%  80% of AMI  120% of AMI  =>30 years Multi-Household Dwelling  =>10%    80% of AMI  120% or AMI  =>30 years (2) After the date on which the city commission adopts an ordinance or resolution establishing a different required amount of affordable housing or a different required level of income-restriction, the PDZ must provide: (a) The amounts of housing and the levels of income-restriction required by those ordinances or restrictions, for a period of at least 30 years; or 320 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 33 of 52 (b) At least an equivalent level of affordable housing benefit to the city, to be determined during the PDZ review and approval process, for a period of at least 30 years. 2. Flexibility Allowed. Eligible affordable housing PDZs may request an adjustment or waiver of any non-procedural provision in this chapter if that adjustment or waiver will contribute to achieving the preservation or production of housing at a lower cost than would otherwise be possible under the reference base district. The city may not adjust or waive any provision imposed by state or federal law or regulation. B. Historic Structure/Site PDZ 1. Eligibility. A historic structure/site PDZ application must propose: a. Inclusion of an existing structure or site that is currently designated or is documented as eligible for designation on a city or state list of historic structures; or on the National Register of Historic Places within a contiguous area included in the PDZ application, and must either: (1) In the case of an existing designated historic structure or site, the PDZ application must include a written commitment to preserve the structure or site in compliance with all applicable historic preservation standards for a period of at least 20 years; or (2) In the case of an undesignated historic structure or site, the PDZ application must include a written commitment to complete the designation of the structure or site as historic prior to development of any portion of the PDZ, and to preserve the designated structure or site in compliance with all applicable historic preservation standards for a period of at least 20 years. b. The PDZ application may include additional lands contiguous with the lot or parcel containing the historic structure. 2. Flexibility Allowed. Eligible PDZ applications for consideration as an historic structure/site PDZ may include a request to: (1) calculate any unused development potential from the lot or parcel containing the historic structure or site under the property’s current zoning, and (2) apply any unused development potential on other portions of the same lot or parcel, or on contiguous lands included in the PDZ application, and to request adjustment or waiver of any non-procedural provision in this chapter if the adjustments or waivers will contribute to achieving the preservation the historic structure. The city may not adjust or waive any provision imposed by state or federal law or regulation. C. Sustainable/Resilient Design PDZ 1. Eligibility. A sustainable/resilient design PDZ application must propose project, site, or building design features demonstrated to achieve two or more of the following reductions in resource consumption or trip generation when compared to those levels anticipated for developments of a similar type under the reference base district: 321 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 34 of 52 a. A reduction in water consumption of at least 25 percent; or b. A reduction in non-renewable energy use of at least 25 percent; or c. A reduction in average daily motor vehicle trip generation of at least 25 percent; or d. A combination of reductions in water consumption, non-renewable energy use, or average daily motor vehicle trip generation providing at least an equivalent sustainable/resilient development benefit to the city. 2. Flexibility Allowed. Eligible application for a sustainable/resilient design PDZ may request an adjustment or waiver of any non-procedural city development standard in this chapter if that adjustment or waiver will contribute to reductions in water consumption, non-renewable energy consumption, or traffic generation when compared to development of a similar type under the reference base district standards. The city may not adjust or waive any provision imposed by state or federal law or regulation. D. Large Development PDZ 1. Eligibility. A Large development PDZ review must propose all of the following: a. The PDZ must contain at least 10 acres of contiguous land that is proposed for annexation and development pursuant to a master plan approved by the city or proposed for approval by the city along with the PDZ application; b. If the application includes dwelling units then the affordable housing requirements of Section 38.430.050.A.1.b apply; and c. The PDZ must include public amenities or public infrastructure investments or both beyond what would otherwise be required under this code and the reference base district(s) which are proportionate or greater to the adjustments or waivers to requested development standards. 2. Flexibility Allowed. Eligible applications for a Large Development PDZ may request an adjustment or waiver of any non-procedural city development standard in this chapter if that adjustment or waiver will contribute to achieving the preservation or production of housing at a lower cost than would otherwise be possible under the reference base district and can be shown to implement other adopted community plan goals and objectives than would otherwise be possible under the minimum standards of the reference base district. The city may not adjust or waive any provision imposed by state or federal law or regulation. E. Combined Benefits PDZ 1. Eligibility. To be considered for a PDZ that provides a combination of a percentage of the affordable housing benefits identified in 38.430.050.A and benefits identified in Sections 38.430.040.B, C, or D or any combination thereof, the application must: 322 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 35 of 52 a. Provide at least one-half of the amounts of affordable housing, at the levels of income-restriction, required by 38.430.050.A.1.b, for a period of at least 30 years; and b. Provide benefits listed as necessary to meet 38.430.090 in any one or a combination of: (1) 38.430.050.B.1 for consideration of a historic structure/site PDZ; (2) 38.430.050.C.1 for consideration of a sustainable/resilient design PDZ; or (3) 38.430.050.D.1.a and c above for consideration of a Large Development PDZ. 2. Flexibility Allowed. PDZ applications eligible for consideration as a combined benefits PDZ may request an adjustment or waiver of any city non-procedural provision in this chapter if that adjustment or waiver will contribute to achieving the types of flexibility listed in 38.430.050.A.2 or B.2 or C.2 or D.2. The city may not adjust or waive any provision imposed by state or federal law or regulation. F. The flexibility allowed for adjustment or waiver of standard applies uniformly to the PDZ unless specified otherwise in the approval. 38.430.060 Permitted uses in a planned development zone A. Proposed land uses in a PDZ must be consistent with the land use descriptions in the city’s adopted growth policy. B. A PDZ application may include any land use listed in division 38.310 and must identify proposed uses by the same names used in that Section. C. Proposed uses must comply with all applicable use-specific standards for the use(s), as described in division 38.360, unless a waiver or adjustment to applicable standards is proposed and approved as part of the PDZ application review process. D. A PDZ must address allowance for telecommunications and utilities as part of proposed land uses. The proposed allowance may not have the effect of restricting service availability of telecommunications or utilities. 38.430.070 Phased Development A. PDZ applications may propose development to occur in phases. If phased development is proposed, the application must include a projected timetable for phased development and a general development plan that includes all of the land to be included in all phases of development. B. In connection with any phased PDZ development, the city may require the applicant execute a development agreement, improvements agreement, or other documentation acceptable to the city ensuring dedication of required parks, open space, or both, and construction of required infrastructure, amenities, or site features. 323 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 36 of 52 C. The city may authorize phased construction of infrastructure or site amenities pursuant to 38.270.060.C. D. If the nature, design, or location of required parks, open space, infrastructure, amenities, or site features makes it necessary to construct them in a sequence other than in rough proportion to approvals for construction of residential or non-residential structures, the city may require the applicant to construct them in the order and extent necessary to protect the public and ensure practical function. 38.430.080 General Review Procedures for PDZ Applications A. Applicability. A request to develop land in any of the five types of PDZ zoning districts must be submitted and reviewed as a combined zoning map and text amendment under division 38.260. B. Procedure 1. General. a. A PDZ zoning application requires review and approval of a general development plan as described in this section concurrent with review of an application for a zoning map amendment, as described in division 38.260. b. A PDZ does not give authority for construction but a final development plan must be approved by the review authority prior to issuance of building permits or initiation of construction. Subdivision, site plan, or other review processes may also be required prior to initiation of construction. c. An application for a final development plan may be filed prior to final action on an application for a PDZ zone map amendment and a related general development plan provided that: (1) No action by the review to approve, approve with conditions, or deny the final development plan is effective until the zone map amendment and related general development plan is approved or approved with conditions. (2) The review authority may waive specific requirements for information the applicant must include in a final development plan if the review authority determines that information has been included in the application for a general development plan. d. If applicant proposes a PDZ in conjunction with a subdivision, applicant may file an application for preliminary plat concurrently with the application for a general development plan. Applicant may be required to waive required subdivision review periods for subdivision review to enable coordination of review. The review authority may waive specific requirements for information the applicant must include in a final development plan if the review authority determines that information has been included in the preliminary plat application. e. The city will coordinate processing of the PDZ and subdivision applications to allow for consolidated consideration of both applications together if feasible. 324 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 37 of 52 Review of the subdivision must follow 76-3-616, MCA as implemented in 38.240. Final development plan review and approval is still required, as described in this section, and compliance with phased development requirements in 38.430.070 is also required, if applicable. Table 38.430.080.B: PDZ Review and Decision-Making Authority Summary Table abbreviations R = Review, D = Decision-making authority, N/A = Requirement does not apply Director Community Development Board [1] City Commission PDZ Zoning Zoning Map Amendment and general development plan for all PDZ Property R R D Final development plan D Subdivision (if Required for PDZ) Preliminary Subdivision Plat [2] R R D Final Subdivision Plat [2] R D Notes [1] Pursuant to MCA Sections 76-1-107 and 76-2-307, the Community Development Board will act in its capacity as a Zoning Commission or Planning Board, as necessary. [2] An applicant may request that the city concurrently process applications for a general development plan and Preliminary Subdivision Plat. An applicant may request that the city concurrently process applications for a final development plan and Final Subdivision Plat. Such requests may be limited by 76-3-604(9) MCA. C. PDZ Zoning and General Development Plan Review 1. Applicant may submit the PDZ zoning and general development plan review application upon completion of concept or informal, 2. The PDZ application must include, at a minimum the materials required in 38.220.120: 3. If the project requires approval of a subdivision plat, the applicant may submit an application for a preliminary plat at the same time as a PDZ zoning application, and the two may be consolidated for joint consideration by the city commission. Section 76-3-604(9) MCA restricts applicability of changing zoning standards and may limit the ability of the city to consolidate review. D. Concept/Informal Review. A concept review or informal application is required for all PDZs as specified in 38.230.090. If the PDZ is proposed in association with a subdivision, the city may review subdivision pre-application and concept review or informal application for PDZ zoning concurrently. If an application for PDZ zoning and general development plan are not filed with the city within one year after the concept review or informal review, 325 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 38 of 52 the review authority may require another concept review or informal review meeting before the application is filed. E. Noticing and Public Hearings 1. After the community development department determines the PDZ zoning and general development plan applications contain all necessary information, the department will set review dates before the community development board and before the city commission. 2. If the application also includes a complete application for a preliminary plat, the department will set a date for review of the plat in accordance with 38.240. 3. Notice shall be provided in accordance with division 38.220. F. Review and Action 1. The community development department may refer a complete PDZ zoning application and associated general development plan application to other city or governmental departments, agencies, or districts whose jurisdiction involves some or all of the land included in the application, for their comments or recommendations. 2. After conducting its public meeting, the community development board must recommend to the city commission approval or denial of the PDZ zoning application; and recommend approval, approval with conditions, or denial of the associated general development plan application. If the applicant submitted an application for a preliminary plat, the community development board must recommend approval, approval with conditions, or denial of the preliminary plat. 3. After conducting its public hearing, the city commission may approve or deny the PDZ zoning application; and may approve, approve with conditions, or deny the associated general development plan application. The city commission may not approve a PDZ zoning application before a general development plan for all of the property included in the PDZ zoning application is approved or approved with conditions. 4. If the applicant submitted an application for a preliminary plat, the city commission may concurrently consider the PDZ zoning and subdivision applications and approve, approve with conditions, or deny the preliminary plat concurrently pursuant to 38.240.150, if permitted by state law. 5. The review authority must indicate approval or denial of the final development plan pursuant to this section based on the PDZ zoning application and staff report, but the review authority’s decision shall not become final unless and until the city commission approves the PDZ zoning and approves the general development plan in a form that is consistent with the final development plan. G. Final Development Plan Review and Approval 1. After approval of a PDZ zoning application and approval or conditional approval of a general development plan, the review authority must approve a final development plan before applicant may initiate construction, or initiate any use based on the PDZ 326 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 39 of 52 approval. A final development plan must be approved prior to approval of any site plan, final plat, building permit, or other final development review decision. 2. Each final development plan must be consistent with the terms of the approved PDZ zoning and general development plan and may not include adjustments or waivers to any reference base district standard inconsistent with the PDZ zoning or general development plan. 3. The review authority may approve one final development plan for the entire PDZ property or may approve multiple final development plans for different portions of the property if the city has approved phased development pursuant to 38.430.070. The city may not issue any building permit, and no individual or entity may initiate any infrastructure or other construction; or any use on any portion of the property for which the review authority has not approved a final development plan. 4. If the city commission has approved both a PDZ zoning application and a related application for a preliminary plat, the final plat must be filed with the Gallatin County Clerk and Recorder before the city may issue any building permit or before applicant may initiate any building construction or use based on the PDZ approval. 5. A final PDZ zoning approval is not an approval to begin building construction. It provides the general plan and pattern for the applicant to submit associated subdivision plats and site plans for approval. 38.430.090 Criteria for Approval The community development board may recommend approval of an application for PDZ zoning, and the city commission may approve an application for PDZ zoning, if it determines the PDZ application complies with the criteria in subsection A applicable to all PDZ applications and also complies with one or more of the criteria in subsection 2 applicable to specific types of PDZ applications. The applicant has the burden of proof that the proposed PDZ and general development plan meet the criteria for approval. A. Criteria Applicable to All PDZ Applications 1. Complies with applicable Montana state law criteria for approval of a zoning map and text amendment, 76-2-304; 2. Complies with general eligibility criteria in 38.430.040; 3. Complies with the specific eligibility criteria for the type of PDZ requested, as listed in 38.430.050, as applicable; 4. Is in accordance with the growth policy currently in effect, including the future land use map; and 5. Identifies one or more of the base zoning districts listed in article 3 of this chapter, as the reference base district for each portion of the PDZ; and 6. Mitigates known adverse impacts on surrounding properties to the extent practicable consistent with 38.100.050 and 38.100.070. 327 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 40 of 52 B. Criteria Applicable to Specific Types of PDZ Applications 1. Affordable Housing PDZ. The applicant has submitted a general development plan or other documentation acceptable to the city ensuring the development provides the amounts of affordable housing required by this section. If the PDZ proposes to provide an equivalent affordable housing benefit for a period of at least 30 years, the city may consider the size, type, or location of the dwelling units, site or sustainable design features to be included in the development that would reduce operating or maintenance of the dwelling units, the proposed initial sale prices or rental rates of dwelling units, or other factors. 2. Historic Structure/Site PDZ a. The general development plan or other documentation acceptable to the review authority includes an adaptive reuse plan for the listed historic structure(s) included in the PDZ; and b. The general development plan or other documentation acceptable to the review authority ensures that the design of any new structures to be constructed on portions of the PDZ property that do not contain the historic structure will meet the criteria of the latest edition of the Secretary of the Interior standards for Related New Construction. 3. Sustainable/Resilient Design PDZ. The general development plan or other documentation acceptable to the review authority ensures that the level of combined water consumption, non-renewable energy consumption, average daily motor vehicle trip generation, or a combination thereof from all structures and uses included in the PDZ shall be at least 25 percent lower than levels commonly experienced by development meeting current established standards in each of the reference base districts listed in the PDZ. 4. Large Development PDZ a. The applicant has submitted a general development plan or other documentation acceptable to the review authority ensuring the development provides the amounts of affordable housing required by this section. If the PDZ proposes to provide an equivalent affordable housing benefit for a period of at least 30 years, the review authority may consider the size, type, or location of the dwelling units, site or sustainable design features to be included in the development that would reduce operating or maintenance of the dwelling units, the proposed initial sale prices or rental rates of dwelling units, or other factors; and b. The general development plan or other documentation acceptable to the review authority ensures the PDZ will include physical investments in public infrastructure, or in structures or facilities open to the public or to residents or users of the PDZ that significantly exceed those that would otherwise be required under the code for property located in the reference base district listed in the PDZ. 5. Combined Benefit PDZs 328 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 41 of 52 a. The applicant has submitted a development agreement or other documentation acceptable to the review authority ensuring the development provides at least one-half of the amounts of affordable housing required by this division. If the PDZ proposes to provide an equivalent affordable housing benefit for a period of at least 30 years, the city may consider the size, type, or location of the dwelling units, site or sustainable design features to be included in the development that would reduce operating or maintenance of the dwelling units, the proposed initial sale prices or rental rates of dwelling units, or other factors; and b. The benefits to the city through the proposed combination of historic preservation, sustainable/resilient development, and large development exceed the affordable housing benefits that the city would have received if the PDZ had included the full amounts of affordable housing required by this division. 38.430.100 Duration of PDZ Approval A. Zoning Map Amendment. 1. Initial approval. After preliminary approval of a PDZ the ordinance implementing the PDZ district is required. Final adoption of the implementing ordinance does not occur until after a final development plan meeting all conditions of approval has been reviewed and is ready for approval. 2. An approved PDZ zoning does not expire after final adoption of the implementing ordinance, but rezoning of the PDZ may be initiated by the city pursuant to division 38.260 if: a. The city has not received an application for a building permit before the expiration of an approved final development plan pursuant to this section; or b. The applicant does not proceed with development pursuant to one or more approved final development plans according to provisions for phased development approved by the city. B. General Development Plan Duration 1. An approved general development plan is valid for a period of one year unless the approved general development plan provides for a longer time or for phased development, or the city commission approves an extension of such time. A final development plan for at least part of the PDZ property must be approved not later than within one year after the approval of a general development plan. The applicant may submit a written request for one extension of up to one additional year to submit the final development plan, and the director may approve such requests for good cause shown. 2. If a general development plan expires, the right to proceed with the development pursuant to the approved general development plan is terminated, and the provisions of the reference base district(s) applicable to each portion of the land included in the general development plan shall apply, unless and until the city commission approves a new general development plan pursuant to this section. 329 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 42 of 52 C. Final Development Plan Duration 1. A final development plan is valid for a period of at least one year one year and not more than 3 years unless the city approves a building permit and applicant begins construction of at least one primary structure within one year of the approval of a final development plan. This may require completion of work and recording of a final plat prior to issuance of a building permit. 2. The applicant may submit to the director a written request for extension of time of up to 2 years to obtain the required building permit, and the director may approve such requests pursuant to section 38.230.140.F. 3. If a final development plan expires, the applicant must apply for and obtain approval of a new final development plan pursuant to this section. 38.430.110 Amendments to Approved Planned Development Zones and General Development Plans A. Amendments to Approved General Development Plan. After approval of a general development plan, the applicant may request and the director may approve, minor amendments to the general development plan, as described below. 1. Minor Amendments. The review authority may approve the following minor amendments to an approved general development plan if the review authority determines that they do not change the character of the neighborhood and do not contain any changes that would increase the amount of deviation/relaxation of the requirements of the reference base zoning districts beyond those in the approved general development plan. Minor amendments must be consistent with the initial approval and may include but are not limited to: a. A change in the location of any internal street that does not affect points of access to or from the PDZ property; b. A change in the location of any internal park, open space, or storm drainage detention/retention facility that is not located along the periphery of the PDZ property; and c. A change of location or orientation of any primary building on a lot or parcel; d. An increase of less than five percent in the amount of permitted residential or non-residential lot coverage; e. A change of less than five percent in the minimum or maximum number of parking spaces required or permitted; f. A change of less than five percent in the maximum permitted height of any building; and g. A change in any numerical building design standard by up to five percent. 330 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 43 of 52 h. An increase or decrease of less than five percent in the number of dwelling units in an approved PDZ, provided that the revised number of dwelling units still include the amounts and levels of affordable housing required by this division. i. Revisions to phasing sequence or boundaries that do not conflict with conditions of approval or conflict with standards. 2. Major Amendments a. A major amendment is any change to an approved general development plan not listed as a minor amendment in this section. b. A major amendment to an approved general development plan requires approval through the same process used to approve the original PDZ zoning and general development plan. c. Any major amendment that proposes to increase the number of dwelling units in an approved PDZ, or to add residential dwelling units to an approved PDZ, shall include the proportionate amounts of affordable housing required by this division. B. Amendments to Approved Final Development Plan 1. After approval of a final development plan, the applicant may request, and the review authority may approve, amendments to the final development plan if the review authority determines the proposed amendments are consistent with the approved general development plan and the provisions of this chapter. Amendments are subject to the minor and major amendment limits in paragraph A of this section. 2. The review authority may authorize the applicant to submit only those portions of final development plan application materials necessary to document the proposed change, rather than submitting a new final development plan application. 3. If the review authority determines the revised final development plan requires a minor amendment to a general development plan, the review authority may approve both at the same time. 38.430.120 Removal of Property from a Planned Development Zone A. A property owner may apply for a zoning map amendment to remove a parcel from an approved PDZ and any related general development plan or final development plan. B. The application for a zoning map amendment must indicate the zoning district to be applied to the removed properties, which may be different from the reference base district identified for such property in the approved PDZ. C. The city shall consider any such application pursuant to division 38.260 and may require the applicant provide assurances that any unfulfilled obligations related to construction or maintenance of infrastructure or amenities, provision of open spaces, preservation of access, or other matters addressed in the PDZ, general development plan, or final development plan will be satisfied without imposing additional costs or burdens on properties that are to 331 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 44 of 52 remain included in the PDZ or on any organization or entity responsible for providing or maintaining improvements or services to the remaining PDZ properties. 38.430.130 Administrative Procedures Authorized The city manager may adopt, and from time to time amend, administrative procedures to implement this section. The administrative procedures may at a minimum include the following items: A. Standards to evaluate equivalent levels of housing affordability; B. Standards related to required levels of maintenance of historic structure; C. Standards to measure reductions in water consumption, reductions in non-renewable energy use, and reductions in average daily motor vehicle trip generation; D Standards to measure or evaluate equivalence of benefits to the city; and E. Procedures for application requirements, processing, and review of a PDZ. Section 21 That 38.440, Legacy planned unit developments, of the Bozeman Municipal Code be created as follows: DIVISION 38.440. LEGACY PLANNED UNIT DEVELOPMENTS Sec. 38.440.010. Intent. A. This division is created to provide for the continued regulation of legacy planned unit development (PUD) approved or deemed adequate prior to [effective date]. Prior to [effective date] a PUD was a use approved within an existing zoning district and did not modify the zoning map. This division cannot be applied to property not already within a legacy PUD. 38.440.020. Final plan review and approval. A. The final PUD plan must be in compliance with the approved preliminary plan and/or development guidelines except as provided for in subsection A.2 of this section, and must be reviewed by DRC and ADR staff and approved by the review authority. 1. Application process. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. 2. Review criteria; compliance with preliminary plan. For approval to be granted, the final plan must comply with the approved preliminary plan. This means that all conditions imposed by the city commission as part of its approval of the preliminary plan have been met and: 332 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 45 of 52 (a) The final plan does not change the general use or character of the development; (b) The final plan does not increase the amount of improved gross leasable non- residential floor space by more than five percent, does not increase the number of residential dwelling units by more than five percent and does not exceed the amount of any density bonus approved with the preliminary plan; (c) The final plan does not decrease the open space and/or affordable housing provided; (d) The final plan does not contain changes that do not conform to the requirements of this chapter, excluding properly granted deviations, the applicable objectives and criteria of section 38.430.100, or other objectives or criteria of this chapter. The final plan must not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and (e) The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. B. Final plan approval. The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval, the review authority may request a recommendation from the DRB, DRC, ADR staff, or other entity regarding any part of a proposed final plan. If a final plat is part of the final plan submittal, the review authority per section 38.200.010 is responsible for approval of the final plat. 1. Final plats associated with a PUD must comply with the requirements of sections 38.240.150 and 38.220.070. 38.440.030 Amendments to final plan. A. Issuance of building permits and other development approvals are based on the approved final plan and any conditions of approval. No city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of the following: 1. Minor changes to a planned unit development may be approved administratively and in writing, whereupon a permit may be issued. Such changes may be authorized without additional public notice at the discretion of the review authority. This provision does not prohibit the review authority from requesting a recommendation from the DRB, DRC, ADR staff or other entity. 2. Minor changes are defined as follows: (a) Those developments that do not change the character of the development; 333 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 46 of 52 (b) An increase of less than five percent in the approved number of residential dwelling units; (c) An increase of less than five percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings; (d) A change in building location or placement less than 20 percent of the building width without compromising requirements of the UDO; (e) An increase in the number of lots less than two percent without increasing the density by more than five percent. This is applicable only to zoning PUD plans, not subdivision PUD plats; (f) A final plan which does not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and/or (g) A final plat, if applicable, which does not create any additional lots which were not reviewed as part of the preliminary plan submittal. B. Changes greater than minor changes must be processed as a PDZ subject to 38.430. Sec. 38.440.040. Duration of planned unit development approval. A. Duration of preliminary plan approval. The provisions of this subsection A do not apply to subdivision elements of a PUD. 1. Within a maximum of one year following the approval of a preliminary plan, the applicant must file with the community development department a final plan in detailed form covering the entirety, or one or more phases, of the development. 2. Upon application and in accordance with the standards of section 38.230.140.F, the community development director may administratively extend the period for filing a final plan for six-month periods. The granting of administrative extensions under this section may, at the discretion of the community development director, be referred to the city commission. 3. If no final plan is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan will expire for any portion of the preliminary plan for which a final plan has not been timely filed. B. Duration of final plan approval. 1. The applicant must undertake and complete the development of an approved final plan within two years from the time of final plan approval. For the purposes of this section, a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, streetlights, fire hydrants and storm drainage) are installed and completed in accordance with city rules and regulations. Extensions for periods of not more than one year may be administratively granted by the community development director in accordance with the standards of section 38.230.140.F. The 334 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 47 of 52 granting of administrative extensions under this section may, at the discretion of the community development director, be referred to the city commission. 2. A request for extension of final approval under this section must be submitted to the community development director in writing by the applicant at least 30 days prior to the date of expiration. Failure to submit a written request within the specified time period will cause forfeiture of the right to extension of final approval. Failure to construct the development and implement improvement requirements within the specified time limit will cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and re-approval of the same through the preliminary plan procedures. 3. The timing of all extensions of final plan approval must be coordinated with the approval period established for any subdivision plat approval that is part of the PUD so that any expiration dates are consistent. 4. Final plan approval may occur multiple times under the provisions for phased PUDs described in section 38.430.070. Sec. 38.440.050. Enforcement of approval requirements and conditions. The failure to comply with any of the terms, conditions of approval or limitations contained on the site plan, landscape plan, building elevations, other approved documents, or other element pertaining to a planned unit development which has received final approval from the city may subject the applicant or current landowner to the enforcement remedies contained in section 38.200.160. 38.440.060 Removal of property from an approved legacy planned unit development A. A property owner may request removal of one or more parcels from a legacy PUD. B. Such a request for removal must be in writing to the director of community development, must clearly identify the PUD by the city's assigned application number under which the PUD was approved, and must clearly state that the landowner is abandoning all associated rights and privileges due to the PUD. The property owner is not relieved from participating in ongoing maintenance of any facilities from which they benefit. The director of community development may establish standards for the content, form, and supporting materials to be included in a request to abandon an approval. C. The city will review any such application pursuant to division 38.230.150 and may require the applicant to provide assurances that any unfulfilled obligations related to construction or maintenance of infrastructure or amenities, provision of open spaces, preservation of access, or other matters addressed in the PUD, will be satisfied without imposing additional costs or burdens on properties that are to remain included in the PUD or on any organization or entity responsible for providing or maintaining improvements or services to the properties remaining in the PUD. 335 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 48 of 52 D. City must determine the abandonment of the PUD does not negatively impact public benefit created by the PUD. E. Removal from a PUD does not rescind other final approvals such as subdivisions or site plans. Section 22 That Paragraph M of 38.550.050, Planned unit development open spaces, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: M. Legacy Pplanned unit development open spaces. Legacy Pplanned unit development non- site-specific open space plans must meet or exceed the standards of these landscaping regulations. For each 5,000 square feet of total landscape open space area between 5,000 and 25,000 square feet and for each 10,000 square feet of total landscape areas in excess of 25,000 square feet a landscape plan must include three of the elements in table 38.550.050-1 from each column A and B unless the review authority grants a relaxation. When the preceding calculation results in a fraction the amount of landscaping required is rounded up to the next whole number. Table 38.550.050-1 EXPAND Column A Column B 1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs 1 large non-canopy tree 2 small ornamental trees 2 small ornamental trees 2 large evergreen trees 6 evergreen shrubs 6 deciduous shrubs Section 23 That Paragraph B of 38.560.060, Signs permitted upon the issuance of a sign permit, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: 336 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 49 of 52 B. Residential zones (R-S, R-1, R-2, R-3, R-4, R-5, RMH, R-O, REMU). The following on- premises signs may be permitted in the indicated zones with an approved sign permit: 1. Subdivision and residential complex signs. For residential subdivisions consisting of more than four residential lots and for residential complexes with more than four dwellings and more than one building, one low profile, freestanding, sign per development entrance may be permitted. No sign may exceed 16 square feet in area or five feet in height from the finished grade. The sign must be set back at least five feet from the property line. 2. Residential building signs. For properties used for multi-household residential, one wall sign per street frontage may be permitted. No sign may exceed eight square feet in area. 3. Signs appurtenant to residential principal, special and conditional uses, and home occupations. a. Signs not to exceed four square feet in total area may be permitted for principal residential uses and permitted home occupations; however, such signs may not be located in any required setback area. In addition, home occupations may be permitted a single one-square foot sign on a mailbox or lamppost or one and one- half square feet of freestanding signage located a minimum of five feet from the property line. b. Principal residential uses may be permitted non-commercial signs if such signs do not exceed 32 square feet in total area nor five feet in height. Such signs must be set back at least five feet from the property line. c. Permitted non-residential type uses, such as churches, community centers, veterinary uses, golf courses, day care centers and schools may be permitted signage as if the underlying zoning were B-1. d. Permitted conditional and special residential type uses such as homes used as bed and breakfasts and fraternity and sorority houses may be permitted signage as if the underlying zoning were R-O. Such signs may be illuminated only during the hours of operation. 4. Legacy Pplanned unit developments. Commercial establishments within planned unit developments where the underlying zoning is residential may be permitted signage as if the lot were in a B-1 zone. Section 24 That 38.700.050, D definitions, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: 337 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 50 of 52 Deviation. A modification of physical standards of this chapter as applied to a specific piece of property located within the neighborhood conservation overlay district or anywhere within the city through a planned unit development. Section 25 That 38.700.080, G definitions, of the Bozeman Municipal Code be amended to include a new definition as follows with all other elements of the section to remain as presently written: General Development Plan. A scale drawing(s) or other documents showing the general location of structures, uses, rights of way, parks, natural features, and utilities, existing and proposed, on subject property or any other information as may be required by this chapter in association with a zone map amendment to establish a general pattern and plan of development for the area within a planned development zone. Section 26 That 38.700.150, P definitions, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: Planned unit development (PUD). A land development project consisting of residential clusters, industrial parks, shopping centers, or office building parks or any combination thereof that compose a planned mixture of land uses built in a prearranged relationship to each other. and having open space and community facilities in a common ownership or use, and/or public parkland. Section 27 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. 338 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 51 of 52 Section 28 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 29 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 30 Codification. This Ordinance shall be codified as appropriate in Section 2 – 26. Section 31 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 339 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 52 of 52 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 340 341 PDZ Approval with General Plan Final Plan Submi�ed and Ready for Approval Concurrent Review No Building Permit issued within final general plan approval period Rezone invalidates all prior approvals except filed plats Concept Planned Development Zone (PDZ) Submi�ed PDZ Preliminary Applica�on and General Plan Preliminary Plat or Site Plan Submi�ed Preliminary Plat or Site Plan Approved Infrastructure Reviewed and Approved Final Plat/Plan Approval Pre-applica�on or Concept Plan Submi�ed If Concurrent Review Subdivision (follow 38.240 Part 2) or Site Plan (follow 38.230) Application Submitted Concurrently with Planned Development Zone (PDZ) Planned Development Zone (PDZ) Workflow Final Plan Expires Submit New General Plan City Can Rezone if: Plan Expiration Approval Expires for Both General Plan & PDZ No Final Plan No Plan Finalization Optional Determina�on of PDZ Eligibility Construc�onConstruc�on Subdivision or Site Plan Review Process Final Plan Approved(Administra�ve) Implemen�ng Ordinance Adopted(Commission) End of PDZ Process Infrastructure Reviewed and Approved 342 Planned Development Zone Administrative Procedures Manual Historic & Cultural Resources I.Purpose It is the intent of the City through the use of the planned unit development (PUD) to promote maximum flexibility and innovation in the development of land and the design of development within the city. Specifically, with regard to historic and cultural resources, it is the intent of this manual to promote the restoration, preservation, and conservation of these resources. II.Authority The City Commission has the authority to review Planned Unit Development preliminary plans and major amendments to PUDs. III.Definitions a.National Register of Historic Places – part of UDC definition b.Secretary of Interior Standards i. Preservation ii.Reconstruction iii. Restoration iv.Renovation c.Historic Resource (site) – part of UDC definition i.National Register Resources ii.Locally significant historic resources iii.Designated significant resources iv.Other inventoried resources – found not to be significant d.Historic District e. Integrity f. Landmark – part of UDC definition g.Conservation Easement/Landmark h.Adaptive Reuse – part of UDC definition i.Contributing j.Non-contributing IV.Review Procedure a.A PUD application must follow the application process outlined in the Unified Development Code (UDC). In order to qualify for a PUD with emphasis on historic and cultural resources, the development must be reviewed against the development standards established in the UDC. b.It is recommended that prior to the pre-application review, the applicant meet with the Historic Preservation Officer. c.The State Historic Preservation Office (SHPO) may be consulted during the review of any National Register nominations or inventory forms that are submitted. d.If deemed appropriate, the Historic Preservation Advisory Board (HPAB) may be consulted. It is more likely that HPAB will be consulted if the application proposes demolition or significant alteration. V.Design Objectives & Criteria 343 a. In order to qualify for the historic and cultural resource PUD, there are minimum standards for consideration that must be identified in the pre-application review. The City will determine compatibility based on the objectives and criteria outlined below. i. How does the development protect and conserve the historic resource(s) on site? ii. Does the development comply with the Secretary of Interior Standards? iii. Is the arrangement or design of new development sensitive to the historic resource(s)? iv. What are the protective measures taken to ensure the longevity of the historic resource? v. What purpose will the historic resource serve? vi. Do the covenants or design guidelines include a commitment to the preservation, restoration, and/or reuse of the historic resource? vii. Are there any educational opportunities tied to the preservation of the historic resource that will benefit the community at large? viii. Are there sustainability techniques used to restore or preserve the historic resource? ix. What of the specific conditions outlined in Section 8 below are being used to ensure that the historic resource is preserved? VI. Submittal Material Requirements a. PUD application documents as outlined in the UDC b. Certificate of Appropriateness application documents as outlined in the UDC c. Historic Resource Inventory d. Design & Maintenance Manual VII. General Standards for Exemptions a. Historic Inventory Form/Survey – if a survey has been conducted in the past ten years and the structure has not undergone any significant alterations, a new survey is not required. b. Tax exemptions – Historic Preservation tax credits can assist in incentivizing rehabilitation projects to help create adaptive reuse projects such as affordable housing and mixed use development. c. Demolition exemptions – If demolition is proposed, the following are required with the application. i. Feasibility study – this study must illustrate an economic and structural assessment justifying the need for demolition for all contributing properties. ii. Salvage provisions – a plan to salvage and preserve historic materials, artifacts, or incorporate architectural features into compatible new construction. This also must include a plan to deconstruct some of the building for recycling and/or reuse. iii. Documentation – Photographs, drawings, and research of the building. Photographs should include historic and current photographs. iv. Final approval of replacement – If the structure to be demolished will be replaced by a new structure, final approval is required prior to demolition. v. Notice – Those within the PUD must be made aware of the demolition proposal. 344 VIII. Specific Conditions - There are multiple avenues that can be taken to ensure protection of a historic resource. In order to qualify for the PUD of historic and cultural resources, a minimum of one of these tools must be incorporated. a. Transfer of Development Rights (TDR) i. TDR help direct new development away from sensitive areas or properties that contain historic resources. This can help protect land and structures with conservation value or historical significance. These development rights can be sold to another landowner or developer for the use at a different location. The land that the development rights have been severed from is permanently protected through a conservation easement or restrictive covenant. ii. Density bonus – additional density allowed in a development using TDRs above and beyond the combination of the underlying land-use laws and the value of the purchased rights. (i.e. a buyer of development rights might be allowed to build not just the square footage allowed on his lot plus the square footage and also an additional 5% as an increased incentive to use TDRs). iii. The City of Bozeman will aid in facilitating the TDR transaction. The TDR “Bank” is managed by the City of Bozeman. b. Conservation/Preservation Easements i. A Conservation/Preservation Easement is a legal agreement that protects a significant historic or cultural resource. This easement places restrictions on the development or changes to the property and transfers the restrictions to a qualified organization whose mission includes conservation and preservation of a historic resource. This easement becomes part of the property’s chain of title and “run with the land.” c. National Register – individual property, historic district, multiple property submission i. If the property is considered eligible under the National Register Criteria for Evaluation, the National Register nomination must be submitted through the State Historic Preservation Office (SHPO). d. Local landmark i. This tool can be utilized at the adoption of a Local Landmark Program. More information will be placed here once program is adopted. e. Sustainability Efforts i. Adaptive Reuse ii. Sustainability PUD techniques iii. Alternative Building Code Regulations 345 1 Planned Development Zoning (PDZ) Administrative Procedures Manual Non-Renewable Energy Use I. Purpose It is the intent of the City through the use of the Planned Development Zoning (PDZ) to encourage efficiency and innovation in the built environment that reduces the use of non- renewable energy for public benefit through efficient electrification, energy efficiency, onsite renewable energy, and electric vehicle charging stations. II. Authority The City Commission has authority to review Planned Development Zoning (PDZ) preliminary plans and major amendments to PDZs. III. Definitions a. Department of Energy i. Electric Vehicle Supply Equipment (EVSE). To fuel an Electric Vehicle (EV), a connection to the grid or power source is required in the form of a charging station. EVSEs com in a variety of configurations but are typically separated by power level. There are three levels of EVSE: Level 1, Level 2, and Level 3 DC Fast Charging (DCFC). 1. Level 1 is considered slow charging. It typically operates on a 15 to 20 amp breaker on a 120 volt alternating current (AC) circuit and standard outlet. 2. Level 2 is considered medium charging. Typically operates on a 40 amp to 100 amp breaker on a 208 to 240 volt AC circuit. 3. Level 3 is considered fast or rapid charging. It typically operates on a 60 amp or higher dedicated breaker on a 480 volt or higher 3-phase circuit with special grounding equipment. ii. Non-renewable energy. Fossil energy sources, including oil, coal, and natural gas. b. 2021 International Energy Conservation Code i. Cimate Zone. A geographical region based on climatic criteria as specified in this code. ii. Commercial Building. All buildings that are not included in the definition of “Residential building”. iii. Energy Analysis. A method for estimating the annual energy use of the proposed design and standard reference design based on estimates of energy use. iv. Energy Simulation Tool. An approved software program or calculation-based methodology that projects the annual energy use of a building. v. Energy Utilization Intensity (EUI). The site energy for either the baseline building or the proposed building divided by the gross conditioned floor area plus any semiheated floor area of the building. For the baseline building, the EUI can be divided between regulated energy use and unregulated energy use. vi. IECC. “IECC” means the 2021 International Energy Conservation Code, published by the International Code Council, Inc. vii. On-Site Renewable Energy System. Renewable energy systems on the building project. viii. Proposed Design. A description of the proposed building used to estimate annual energy use for determining compliance based on total building performance. 346 2 ix. Renewable Energy System. Photovoltaic, solar thermal, geothermal energy and wind systems used to generate energy. x. Residential building. Includes detached one- and two-family dwellings and multiple single-family dwellings (townhouses) and Group R-2, R-3, and R-4 buildings three stories or less in height above grade plane. xi. Standard Reference Design. A version of the proposed design that meets the minimum requirements of the code and is used to determine the maximum annual energy use requirement for compliance based on total building performance. c. Residential Energy Services Network (RESNET) i. Energy Rating Index (ERI). A performance path that gives the option of complying with the 2021 IECC by meeting a target ERI score through a wide range of performance options with some mandatory code requirements. The ERI score is a numerical score where 100 is equivalent to the 2006 IECC and 0 is equivalent to a net-zero home. Each integer value on the scale represents a one percent change in the total energy use of the rated design relative to the total energy of the ERI reference design. ii. Home Energy Rating System (HERS) Rater. An individual who is certified by an accredited Rating Provider to inspect and test a home in order to evaluate each of the minimum rated features and complete a Home Energy Rating according to the RESNET Standards. iii. Rating Providers. Accredited rating providers who have the responsibility of ensuring the quality of rating services, including certification of raters and selection of accredited rating software programs. IV. Overview a. A PUD application must follow the application process outlined in the Planned Development Zoning (PDZ). In order to qualify for a PDZ with emphasis on Sustainability, Non-Renewable Energy, the development must be reviewed against the development standards established in the UDC and the 2021 International Energy Conservation Code. b. It is recommended that prior to the pre-application review, the applicant meet with the City of Bozeman’s Sustainability Division. c. A 25 percent reduction in non-renewable energy use maybe be achieved through: i. Efficient electrification, or ii. Building energy efficiency, or iii. On-site renewable energy, or iv. A combination of efficient electrification, energy efficiency, on-site renewable energy, and electric vehicle charging stations. V. Criteria and Submittals a. Efficient Electrification Standard i. To enable the full transition to renewable energy in buildings, this requires that the project area and site to be served with electric utilities only. The building plans and construction documents must demonstrate that the buildings will include no fossil fuel combustion. ii. Building plans will identify Energy Star heat pumps as the primary heating and cooling source for the buildings. iii. Building plans will identify Energy Star heat pump water heaters as the primary water heating source for the buildings. 347 3 iv. Demonstration of the prescriptive criteria will be recognized as contributing a 25% reduction in non-renewable energy. 1. Submittals a. PDZ application documents as outlined in the UDC. b. A narrative describing the efficient electrification measures, including heat pump applications in the PDZ. c. Subsequent building plans will include specifications for Energy Star heat pumps consistent with the PDZ application narrative. b. Commercial Building Energy Efficiency Standard i. To encourage high performance commercial buildings, this requires an energy simulation tool to demonstrate that the Energy Utilization Intensity of all proposed commercial buildings exceeds the energy efficiency of the baseline energy code by building type as defined in the 2021 IECC Appendix CC Zero Energy Commercial Buildings and identified in Table 1. Table 1. Energy Utilization Intensity for Commercial Building Types in Climate Zone 6B Building Area Type EUI (kBtu/ft2/yr) Healthcare/hospital 116 Hotel/motel 72 Multiple-family 48 Office 30 Restaurant 538 Retail 52 School 40 Warehouses 23 All others 57 1. Submittals a. PDZ application documents as outlined in the UDC. b. A narrative describing the commercial building elements that will be included to reduce the EUI from the identified baseline. c. Demonstrate that the proposed buildings meets and exceeds the target Site EUI by building type identified in Table 1. d. Submit an energy simulation tool demonstrating the Site EUI for the building by type. i. The energy simulation tool will be from an approved list and performed by an approved third party. ii. The energy analysis will minimally include all assumptions around building occupancy, hours of operation, and temperature settings. iii. Renewable energy system production should be applied under Commercial Onsite Renewable Energy (section V.d.) and should not be used to meet the EUI baseline or target reduction. 348 4 e. Identify the percent reduction from the proposed design EUI according to the following steps: i. Multiply the EUI by the proposed percent reduction of non- renewable energy. ii. Subtract the amount from the standard reference design EUI from Table 1. iii. Repeat the calculation for each commercial building within the PDZ. iv. Example: • A standard reference design EUI of 116 (kBtu/ft2/yr) • 116 x 25% = 29 kBtu/ft2/yr • 116 - 29 = 87 kBtu/ft2/yr • 87 = A Site EUI proposed design representing a 25% reduction in non-renewable energy c. Residential Building Energy Efficiency Standard i. To encourage high performance residential buildings, this requires an Energy Rating Index (ERI) that exceeds the standard reference design. Based on the 2021 IECC Energy Rating Index Compliance Alternative, an Energy Rating Index score below 54 without on-site power production in Climate Zone 6 is the standard reference design. ii. Each point below 54 represents a 1 percent reduction in total energy use. For reference, Appendix RC, Zero Energy Residential Building Provisions in the 2021 IECC identifies an ERI of 46 in Climate Zone 6 as the minimum level of efficiency without onsite power production (OPP) needed to achieve Zero Energy residential construction. 1. Submittals a. PDZ application documents as outlined in the UDC. b. A narrative describing the residential building elements that will be included to reduce the ERI from the standard reference design. c. Subsequently submit construction documents that includes an ERI submittal from a Home Energy Rater or approved third party. d. Onsite power production should be accounted for under Residential Onsite Renewable Energy (section V.e.). e. Identify the target percent reduction of the proposed design based on the ERI according to the following steps: i. Use 54 as the standard reference design from table R406.5 Maximum Energy Rating Index in the 2021 IECC. ii. Subtract the percent reduction of the proposed design. iii. Repeat the calculation for each residential building within the PDZ. iv. Example: • A standard reference design ERI of 54 • 54 – 10% = 44 ERI • An ERI proposed design of 44 represents a 10% reduction in non-renewable energy 349 5 d. Commercial On-site Renewable Energy Standard i. To increase the use of renewable energy, this requires the use of on-site renewable energy systems for commercial buildings. 1. Submittals a. PDZ application documents as outlined in the UDC. b. A narrative describing the commercial on-site renewable energy system. 2. Submit the projected on-site annual energy production using PV Watts or approved energy simulation tool. Provide the energy consumption of the standard base design base from the EUI in Table 1 for commercial buildings. If energy analysis from an energy simulation tool is available, the EUI of the proposed design may be used (see section V.b.1.d. for energy modeling criteria). Include the percentage of the building’s energy consumption to be provided by an on-site renewable energy system. a. Example: • A 264kW Rooftop Solar PV Array • 56.9 = EUI for the total estimated building energy consumption based on energy analysis • 293 = MWh/yr installed PV estimated production • 998,400 = kBtu/yr installed PV estimated generation converted to kBtu or 10.4 = kBtu/ft2/yr • ((56.9 - 10.4) / 56.9) x 100 = 18.2% • 18.2% = reduction in non-renewable energy from an on-site renewable energy system e. Residential On-site Renewable Energy Standard i. To increase the use of renewable energy, this requires the use of on-site renewable energy systems for residential buildings. 1. Submittals a. PDZ application documents as outlined in the UDC. b. A narrative describing the on-site renewable energy system. c. Submit the annual energy production of the proposed design using PV Watts or approved energy simulation tool. Submit the ERI of the reference base design and the ERI of the proposed design ERI adjusted based on the annual energy production of the renewable energy system. The energy analysis will be provided by a HERS Rater or approved third party. f. Electric Vehicle Supply Equipment (EVSE) Standard i. To support the use of electric vehicles, this requires the installation of Level 2 Electric Vehicle Supply Equipment. 1. Submittals a. Provide a narrative description of the EVSE specifications, accessibility, and any designated accessible space provisions. b. Two percentage points per EVSE will be recognized under this category. 350 Sustainable/Resilient Design PDZ: Water Conservation Standard/Criteria: The implementation of water efficiency projects that reduce baseline water demand of the proposed development through the installation of city approved high efficiency water-using fixtures, appliances, products, and/or low water use landscaping exceeding applicable federal, state, and local minimum water use efficiency standards. Baseline water demand reductions achievable through the implementation water efficiency projects will vary based upon the use of the proposed development type (commercial, mixed use, residential). Total baseline water demand (indoor and outdoor water usage) must be reduced by 25% or more. Indoor Installation of City-approved high efficiency indoor water using fixtures, appliances, and products that that exceed applicable federal, state, and local minimum water use standards are assumed to reduce baseline water demand as outlined below. Residential Methodologies for establishing baseline indoor residential water demands are outlined in the Water Adequacy and Administrative Procedures Manual. Percent demand reductions outlined below represent reductions achievable for indoor residential water usage only. Baseline indoor demand reductions associated with the installation of each high efficiency fixture listed below will be weighted based upon the total proportion of indoor water usage for the PUD as compared to total water usage (indoor and outdoor demand). The installation of the following high efficiency indoor fixtures and appliances are assumed to reduce baseline residential water demand by the following percentages:  High Efficiency Toilets: WaterSense® labeled 1.28 gpf or dual flush 1.1/1.6 gpf o 5% indoor demand reduction  High Efficiency Toilets: WaterSense® labeled 0.8 gpf o 12% indoor demand reduction  High Efficiency Faucets: WaterSense® labeled 1.0 gpm or less o 5% indoor demand reduction  High Efficiency Showerhead: WaterSense® labeled with flow rate of 1.5 gpm or less o 8% indoor demand reduction  High Efficiency Clothes Washers: CEE Tier® 1, 2, or 3 rated o 8% indoor demand reduction Commercial Due to the variations in commercial water uses, the installation of high efficiency products listed below are assumed to result in various total indoor water demand reduction percentages, depending on the type of commercial use. Therefore, the estimated volume of water saved for the installation of each product based on specific commercial use type is listed below. These volumes will be used in conjunction with the demand calculation methodologies for each commercial use type as outlined in the Water Adequacy and Administrative Procedures Manual, as well as industry standards to determine the proportion (percentage) of total indoor 351 demand reduction for the installation of each product. Commercial use types not explicitly included below will be determined on a case by case basis.  High Efficiency Toilets: WaterSense® labeled 1.28 gpf or dual flush 1.1/1.6 gpf o 561 gallons/year per hotel room o 7,430 gallons/year per restaurant o General commercial usage: XX gallons/year  High Efficiency Toilets: WaterSense® labeled 0.8 gpf o 1,122 gallons per hotel room o 14,860 gallons per restaurant o General commercial usage: XX gallons/year  High Efficiency Faucets: WaterSense® labeled 0.5 gpm or less o XX gallons/year per hotel room o XX gallons/year per restaurant o General commercial usage: XX gallons/year  High Efficiency Urinals: WaterSense® labeled 0.125 gpf or less o 13,900 gallons per restaurant o General commercial usage: XX gallons/year  High Efficiency Showerhead: WaterSense® labeled with flow rate of 1.5 gpm or less. o 2,935 gallons/year per hotel room o General commercial usage: XX gallons/year Due to the wide variety of commercial use types, alternative efficiency projects not outlined in this section may be proposed in order to meet the requirements for a Sustainable/Resilient Design PDZ. The City and Applicant will work together to identify appropriate savings assumptions for each project based on anticipated demand of the development, end uses within the development, industry standards, and achievable savings documented in other communities for comparable projects. Outdoor Installation of City-approved high efficiency weather-based irrigation controllers, rain/freeze sensors, soil moisture sensors, high efficiency sprinkler nozzles, and drought tolerant landscaping that exceed applicable federal, state, and local minimum standards are assumed to reduce baseline outdoor water demand as outlined below. Demand reductions outlined below represent reductions achievable for outdoor water usage only. Baseline outdoor demand reductions associated with the installation of each high efficiency product listed below will be weighted based upon the total proportion of outdoor usage for the PUD as compared to total usage (indoor and outdoor demand). 352 Weather Based Irrigation Controller and Rain/Freeze or Soil Moisture Sensor The installation and proper operation of WaterSense® Labeled Weather Based Irrigation Controller and compatible Rain/Freeze or Soil Moisture Sensor is assumed to reduce baseline outdoor water demand by 20%. The weather-based irrigation controller must be programmed properly upon installation, and controller settings must accurately reflect site-specific landscape and irrigation system conditions. This includes:  Advanced efficiency settings on controller decreased from the manufacturer’s default of 100% to at least 75%. Applicant must demonstrate this standard is met.  All smart controller settings accurately reflect irrigation zone, site and system conditions. Applicant must demonstrate this standard is met.  Baseline schedule settings programmed to operate within the permanent outdoor watering restrictions (if applicable). Applicant must demonstrate this standard is met.  Sprinkler head and nozzle types installed in each zone/station must be summarized.  The irrigation system must be designed and installed to achieve maximum efficiency standards based on industry best practice. High Efficiency Sprinkler Nozzles The installation of high efficiency sprinkler nozzles that exceed requirements outlined in the City’s Unified Development Code are assumed to reduce baseline outdoor water demand in the areas with high efficiency sprinkler nozzles installed by 15%. In order to meet requirements for this, the following standards must be met:  All nozzles must be multi-stream, multi-trajectory nozzles with a precipitation rate of 1.0”/minute or less.  All sprinkler bodies must have pressure regulation and check valves installed.  All sprinklers must have 6” risers installed on the sprinkler bodies. Drought Tolerant Landscaping The installation of drought tolerant landscaping that exceeds landscaping requirements outlined in the City’s Unified Development Code are assumed to reduce baseline outdoor water demand in the areas with drought tolerant landscaping of the landscape by 50%. In order to meet requirements for this, the following standards must be met:  Drip irrigation must be installed in the drought tolerant landscaped area. The irrigation system must be designed and installed to achieve maximum efficiency standards based on industry best practice.  An irrigation water requirement must demonstrate that the seasonal water demand of the drought tolerant landscape is 50% less than it would be if otherwise installed with high water use vegetation, including turfgrass.  Drought tolerant grass seed mix, if used, must be irrigated with subsurface drip irrigation. 353 Sustainability Public Benefit – Transportation Standard in code – 38.430.050.C.1.c. A reduction in average daily motor vehicle trip generation of at least 25 percent; or Administrative Manual Method of measure - Based on the methodology identified in the most recent edition of the ITE Trip Generation Manual, demonstrate that the development has a trip generation reduction of 25 percent; Standard in code – 38.430.050.C.1.d. A combination of reductions in water consumption, non- renewable energy use, or average daily motor vehicle trip generation providing at least an equivalent sustainable/resilient development benefit to the city. Administrative Manual Alternative Methods of Measure - Special assessment of <<Enter amount>> per trip generated to be contributed to a fund for city TDM and mobility efforts; or In addition to the provisions in UDC Section 38.400.060.B.4, a reduction from the Level of Service (LOS) “C” requirement to a LOS “D” provided that comprehensive separated shared use path facilities are constructed as part of the project in locations indicated necessary by City Staff. 354 Non-Renewable Energy PDZ Efficient Electrification Project area served with electric utilities only Energy Star heat pumps used as primary source for heating/cooling and water heating Awarded full 25% for completion Building Energy Efficiency Commercial Reduce the standard reference design Energy Utilization Intensity (EUI) *Based on 2021 IECC code requirements and Appendix CC Zero Energy Commercial Building Provisions Awarded the % reduction from the EUI (submitted using approved energy simulation tool by approved 3rd party) Residential Reduce the standard reference design Energy Rating Index (ERI) *Based on 2021 IECC Energy Rating Index Compliance Alternative Awarded 1% for each ERI point reduced (submitted by approved 3rd party) On-site Renewable Energy Commercial Reduce the (EUI) with on-site renewable energy *Based on 2021 IECC code requirements and Appendix CC Zero Energy Commercial Building Provisions Awarded the % reduction from the EUI (based on standard reference design EUI or energy analysis EUI) Residential Reduce the ERI with on-site renewable energy *Based on 2021 IECC Energy Rating Index Compliance Alternative and Appendix RC Zero Energy Residential Building Provisions Awarded 1% for each ERI point reduced (submitted by approved 3rd party) EV Service Equipment *cannot be completed alone to reach 25%, it must be paired with another pathway Install Level 2 EV Service Equipment (EVSE) Awarded 2% per EVSE Performance path Flexibility to demonstrate compliance without energy simulation Prescriptive path 355 1 PLANNED DEVELOPMENT ZONING (PDZ) ADMINISTRATIVE PROCEDURES MANUAL TRANSPORTATION CITY OF BOZEMAN, MONTANA <<Enter Date>> 356 2 PLANNED DEVELOPMENT ZONING (PDZ) ADMINISTRATIVE PROCEDURES MANUAL TRANSPORTATION CITY OF BOZEMAN, MONTANA CONTENTS I. PURPOSE II. AUTHORITY III. DEFINITIONS IV. OVERVIEW V. CRITERIA AND SUBMITTALS VI. COLLECTION OF ASSESSMENT VII. USE OF FUNDS COLLECTED VIII. APPEALS 357 3 I. PURPOSE This document shall be referred to as the Administrative Procedures Manual, hereinafter known as the “Manual.” The following administrative procedures contained in this Manual are intended to provide guidance to staff in administering the X, codified in X of the X, hereinafter known as the “Ordinance” as it may be amended from time to time. This Manual shall be adopted by administrative order by the City Manager, and updated periodically to reflect administrative changes or upgrades to demand calculations. The standards of this Manual shall be reviewed at least every X years. II. AUTHORITY The City Commission has authority to review Planned Development Zoning (PDZ) preliminary plans and major amendments to PDZ. III. DEFINITIONS In addition to the above terms and phrases defined in the Ordinance, the following terms or phrase are defined for use in this Manual: Bike Repair Station – A freestanding vertical post or apparatus that provides a bicyclist with a way to maintain their bike remotely. These stations typically feature a device to hold the bike while performing maintenance operations, various essential tools and a bike pump. HAWK Signal – High-Intensity Activated Crosswalk signals are typical used to assist people in crossing busy streets. They are used on marked crosswalks and are activated by a user when they activate the beacon before they cross. The beacon then transitions from yellow to red to ensure that vehicles some to a complete stop. ITE Trip Generation Manual – The Institute of Transportation Engineers has published a manual dedicated to calculating and evaluating multimodal trip generation for urban, suburban and rural applications. Typically this data is presented to the city during the review process and is included in the Traffic Impact Study (TIS). Level of Service (LOS) – A qualitative measurement used in transportation engineering to express the functionality of motor vehicle traffic service. There are six designations, letters “A” through “F”, with “A” being the highest functioning and “F” being the least functioning. Planned Development Zoning (PDZ) – As defined in the UDC: “a land development project consisting of residential clusters, industrial parks, shopping centers, or office building parks or any combination thereof that compose a planned mixture of land uses built in a prearranged relationship to each other and having open space and community facilities in a common ownership or use, and/or public parkland.” Typically PUDs require a special attention to meeting specific requirements and in the end should offer a superior quality of planning, design and livability. RRFB Signal – Rectangular Rapid Flash Beacon signals are used at crosswalks to allow pedestrians to cross safely. The user activates the signal by pressing a button before they 358 4 cross. This button activates the beacon to flash, warning on-coming cars that there is a pedestrian in the crosswalk. Separated Shared Use Path – This type of path is typically used in place of a sidewalk and/or on-street bicycle lane to accommodate multiple types of non-motorized transportation devices. Paths such as this might be wider than traditional sidewalks and might have unique pavement markings or wayfinding. An example of a Shared Use Path within City of Bozeman limits is the College to Huffine Trail, which spans from Montana State University’s campus at South 11th Avenue to Huffine Lane near the Gallatin Valley Mall. Transportation Demand Management (TDM) – An overarching term for best practices intended to reduce motor vehicle miles traveled within the transportation system by utilizing programmatic, policy and physical improvements to allow more mobility options for all community members. 359 5 IV. OVERVIEW A. GENERAL New development has an impact on the existing transportation system by adding daily generated vehicle trips. It is anticipated that the proposed development will add these types of trips and cause an impact to the transportation system for all users. The importance of planning and constructing the public realm for all users and all forms of mobility enhances the livability of the community, improves health and safety and provides resiliency in the face of climate change and changing socioeconomic situations. By providing strategies that strive to address these types of larger community challenges, this development, and others, will be part of the connected network and provide residents or users with an improved experience and opportunity in the larger community. In addition, the strategies herein reinforce and support other adopted policies and plans. B. PLANNED DEVELOPMENT ZONING A PDZ application must follow the application process outlined in the Planned Development Zoning (PDZ) code. In order to qualify for a PDZ with emphasis on Sustainability: Transportation, the development must be reviewed against the development standard established in that code, which reads “X” and is in line with industry best practices. The Planned Development Zoning section of the Bozeman Municipal Code provides an option for meeting PDZ requirements by demonstrating that the development has a trip generation reduction of 25%. The baseline for this calculation is measured by… Calculations should be documented by using the methodology identified in the most recent edition of the ITE Trip Generation Manual. It is recommended that prior to the pre-application review, the applicant meet with the City of Bozeman’s Engineering Division to discuss transportation related planning and design issues. C. STRATEGIES Applicants can utilize many strategies and best practices to achieve a 25% trip generation reduction within their development and in addition can work with the city to implement innovative and progressive practices that lead to this reduction and a reduction in the impact of the new development on existing transportation systems and other factors identified in the City’s growth policy. The four (4) strategies listed below are acceptable options for meeting the intent of the PDZ requirements. These four (4) strategies are not inclusive of all of the potential solutions for achieving the 25% reduction. The fourth strategy permits a combination of the prior three or other strategies, as presented by the applicant and to be reviewed by City Staff. 360 6 1. Special Assessment - Special assessment of <<Enter amount>> per trip generated; or 2. Level of Service (LOS) Reduction - In addition to the provisions in UDC Section 38.400.060.B.4, a reduction from the Level of Service (LOS) “C” requirement to a LOS “D;” or 3. Permit Parking – Implement a permitted parking system within developments that are residential in nature and a paid parking system for those that are commercial or mixed use in nature 4. Other strategies - Utilize a combination of other TDM, mobility, or transportation strategies to achieve the 25% trip generation, to be evaluated by City Staff. V. CRITERIA AND SUBMITTALS A. Strategy 1: Special Assessment Criteria: In applications where development has constraints, whether geographical, environmental, physical, or other, which prohibit the reduction of trips generated by 25%, applicants can enter into an agreement to incur an assessment for the impact based on the number of trips generated. The assessment funds would be used to develop active transportation infrastructure that complements existing infrastructure and assists in moving people around the transportation system. The assessment is calculated by… Submittals: -PDZ application documents as outlined in the UDC -A narrative describing the number of trips generated by the new development -Calculations as outlined below included in the narrative submitted with application document <<Calculations TBD>> B. Strategy 2: Level of Service (LOS) Reduction Criteria: A reduction in the Level of Service of “C” (as defined in the UDC) to a level “D” provided that the applicant provide one (1) of the following options: Option 1 Separated shared use path facilities in the development in addition to ensuring connectivity to existing facilities off-site or adjacent to the site; or Option 2 A comprehensive combination of the facilities applicable as suggested below in Cases 1 through 3, to be evaluated for acceptance by City Staff in concert with UDC requirements or best practices; or Case 1: Commercial or Institutional Projects 361 7 -Provide short-term, covered or uncovered, interior or exterior, bicycle parking for at least 2.5% of peak visitors; parking areas shall be distributed equally around the site to efficiently serve residents and visitors. -Provide secure, covered bike storage (long term storage) on-site for at least five (5) percent of total building or site occupancy, whichever is greater, within 300 feet of any functional entry. (Consider storage for other personal transportation devices, such as scooters) -Provide a high quality Bike Repair Station, including pump, near at least one of the bike parking areas. -Provide bike lockers if project includes commercial uses or where long-term storage is beneficial. -Provide single occupancy showers for active transportation users if project includes commercial uses for the first 100 occupants of building or site and then an additional single occupancy shower facility for 150 occupants thereafter. Case 2: Multi-Family Residential Projects -Provide short-term, covered or uncovered, interior or exterior, bicycle parking for at least 2.5% of peak visitor or residents; parking areas shall be distributed equally around the site to efficiently serve residents and visitors. -Provide secure, covered bike storage (long term storage) on-site for at least fifteen (15) percent of total building or site occupancy, whichever is greater, within 300 feet of any functional entry. -Provide a high quality Bike Repair Station, including pump, near at least one of the bike parking areas. Case 3: Mixed-Use Projects -Meet the Case 1 and 2 storage requirements for the nonresidential and residential portions of the project, respectively. -Provide a high quality Bike Repair Station, including pump, near at least one of the bike parking areas. -Provide bike lockers if project includes commercial uses or where long-term storage is beneficial. -Provide single occupancy showers for active transportation users if project includes commercial uses for the first 100 occupants of building or site and then an additional single occupancy shower facility for 150 occupants thereafter. Option 3 Provide enhanced signalization at intersections internal and adjacent to the project site, as specified by City Staff in order to enhance the efficiency and safety of travel with non- 362 8 vehicular modes. This may include the installation of HAWK or RRFB crossing signal, enhanced painting of on-street symbols, transportation-based vertical wayfinding or signage, and larger transitionary zones for bicyclists and pedestrians for crossings and intersections. Submittals for all options and cases: -PDZ application documents as outlined in the UDC. -A narrative describing the plan to implement proposed project enhancements and how they collectively mitigate the impact of trips generated from the project. -Physical plans for implementation, including details commensurate with the level of detail required by planning review of the PDZ. C. Strategy 3: Permit Parking Criteria: Permitted and paid parking management systems help offset the real long-term maintenance costs for parking facilities. Permitted parking ensures that each resident has a minimum number of parking assigned to their residence. Managed paid parking systems assist in providing incentives to use other modes of transportation to reach destinations in a well-connected system, including using transit, riding bicycles and walking. <<TBD with input from Parking Manager and other staff to determine metrics>> Submittals: -PDZ application documents as outlined in the UDC -<<TBD with input from Parking Manager and other staff to determine metrics>> VI. COLLECTION OF ASSESSMENT Funds collected as part of V.A of this document shall be received by the City of Bozeman at the time of Final Plat. VII. USE OF FUNDS COLLECTED (TBD) VIII. APPEALS Any determination committed to the Director of Transportation and Engineering will be reviewed by the City Manager; provided the affected applicant serves a written notice to the City requesting the review within fourteen business days of the issuance of the written determination of the Director of Transportation and Engineering (“Director”). If a written notice requesting review is not timely served upon the City, then the Director’s determination shall be the final decision of the City. If a written notice requesting review is 363 9 timely served on the City, the City Manager shall review the determination of the Director and issue a final decision within twenty calendar days of the service of the notice requesting review on the City. Any final decision within the limited scope of this subsection may be appealed for abuse of discretion by filing an appeal in the Eighteenth Judicial District Court, Gallatin County, Montana within twenty one days of the date of the final decision. 364 City considers creation of “Planned Development Zones” to replace the “Planned Unit Development” process As a part of the City’s efforts to allow different types of housing to be proposed and built in the community, and to encourage creation of affordable housing, several changes to the municipal code are being proposed. These changes reflect the review that was done last year by consultants to identify and address potential barriers to creating more homes in our community. You can check out the full report from the project, what we heard from the public during community engagement, and recommendations in the Documents section on the Code Audit web page. What? The amendments being considered at upcoming Community Development Board and City Commission meetings will replace the current Planned Unit Development (PUD) process with a new kind of zoning district called a Planned Development Zone (PDZ). Why? The existing Planned Unit Development process allows an applicant to propose different land development standards in exchange for public benefits. Planned unit developments are allowed in all zoning districts. Planned Development Zones (PDZ) are a new kind of custom zoning district. PDZs may allow different combinations of uses and design standards while still requiring public benefits. Public benefits in a PDZ may include requirements for 10% of the residential units to be affordable to rent or own at a targeted income range, protection of historic structures, sustainable design, and the coordinated development of larger areas or many structures in the same project. PDZs are designed to more tightly focus on current community priorities for public benefits and provide an intermediate review step where the public can see project character and layout before approval of a zoning district. How can I weigh in? There will be two public hearings where members of the public can provide public comment in person or virtually. The first is on Monday, June 27, 2022 at 6:00 p.m., at the Community Development Board meeting. The City Commission will host the second public hearing on Tuesday, July 12, 2022 at 6:00 p.m. Find the agendas, meeting materials, and a link to join the meeting virtually at https://www.bozeman.net/meetings. You can also provide public comment by sending an email to agenda@bozeman.net or submitting written comments to Chris Saunders at the City of Bozeman, Department of Community Development, P.O. Box 1230, Bozeman, MT 59771-1230. Please reference Ordinance 2104 in all comments. For those who require accommodations for disabilities, please contact Mike Gray, City of Bozeman ADA Coordinator, 582-3232 (voice), 582-3203 (TDD). - Link to full public notice - Link to the Ordinance 2104 draft (Draft may be revised during the review process) 365 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Appointments to the Historic Preservation Advisory Board. MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint one member to the Bozeman Historic Preservation Advisory Board to the historic district representative position with a term expiring on June 30, 2023 and one member to the Bozeman Historic Preservation Advisory Board to the at-large member position with a term expiring on June 30, 2023. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Bozeman Historic Preservation Advisory Board was created under Chapter 2, Article 5, and Division 6 of the Bozeman Municipal Code. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, structures, objects, buildings, and historic districts by addressing historic preservation issues at the local level and integrating them into local, state, and federal planning and decision-making processes. The historic preservation program includes identification, evaluation, and protection of historic resources within the city (Ordinance No. 1180, Section 2, 1985). The Bozeman Historic Preservation Advisory Board shall serve in an advisory capacity to the City Commission and other staff members or boards seeking advice on historic preservation issues (Ordinance No. 1454, Section 2, 1998; Ordinance No. 1180, Section 3, 1985). Members are appointed to staggered two-year terms comprised of up to seven members per Ordinance 1927 via any combination of the following: 1. At least three members shall meet the Secretary of the Interior's Professional Qualification Standards in the disciplines of history, planning, archaeology, architecture, architectural history, historic archaeology, or other historic preservation-related disciplines such as cultural geography or cultural anthropology. 2. At least one member shall be an architect holding state or NCARB 366 registration. Retired professionals shall be given consideration equal to that of practicing professionals. Residency within the city shall not be a prerequisite for membership as a professional representative. 3. At least one member shall live in or own property in a Bozeman historic district, on file at the city planning office. A member may be chosen from a locally or nationally designed district. 4. At least four members shall be at-large representatives who reside or own property within the city limits. This board currently has one vacancy and four expired terms. The City Clerk’s Office has received four applications, with their relevant qualifications indicated below: Two Professional Designation Positions with terms expiring June 30, 2024 | Qualifies: C. Holling, M. Wiseman, S. Donnelly Two At-Large Member Positions with a term expiring June 30, 2024 | Qualifies: C. Holling, L. Semones, M. Wiseman, S. Donnelly One Architect Position with a term expiring June 30, 2023 | Qualifies: M. Wiseman Applicants: Chelsea Holling Linda Semones Michael Wiseman Savannah Donnelly Commissioner Coburn is the City Commission liaison for this board. Bozeman Historic Preservation Advisory Board appointments are Commission appointments. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Chelsea Holling.pdf Linda Semones.pdf Michael Wiseman.pdf Savannah Donnelly.pdf Report compiled on: June 15, 2022 367 From:Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Tuesday, June 14, 2022 6:45:45 PM Citizen Advisory Board Application Submission #:1740631 IP Address:174.45.255.159 Submission Date:06/14/2022 6:45 Survey Time:12 minutes, 1 second You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Chelsea Holling Physical Address 1401 Idaho Street Unit A Belgrade, MT 59714 Primary Phone 4064653281 Additional Phone Current Occupation Historic Preservation Design Professional Employer Cushing Terrell Email chelseaholling@cushingterrell.com Which position are you applying for? Historic Preservation Advisory Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) No How long have you lived in the Bozeman Area? 11 years or more Have you ever served on a City or County Board or Commission? 368 Yes Where, how long, and what Board? Bozeman Historic Preservation Advisory Board, 5+ years Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. i work daily in the preservation and architectural realm and give a unique perspective to how bozeman could further enhance and preserve it's history. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. since being on this board, i have gone through several trainings, and my company has also put on several DEI trainings. References Read-Only Content Reference #1 Full Name Derek Hammons Phone 4065702712 Email ragnaroksotu@gmail.com Section Break Reference #2 Full Name Amber Young Phone 4063347813 Email a.m.young9905@gmail.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? my term is expiring, and i would love to continue to serve on this board and my community Is there any other information that you feel we need to know? i love serving on this board and love to see all the progress we've made so far and would like to continue to see it through! Read-Only Content Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 369 From:Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Sunday, May 29, 2022 2:24:29 PM Citizen Advisory Board Application Submission #:1696089 IP Address:184.167.63.190 Submission Date:05/29/2022 2:24 Survey Time:25 minutes, 55 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Linda Semones Physical Address 404 S Church Ave BOZEMAN, MT 59715 Primary Phone 4065993916 Additional Phone Current Occupation Retired Spanish teacher Employer I am retired. Email lindasemones@hotmail.com Which position are you applying for? Historic Preservation Advisory Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more Have you ever served on a City or County Board or Commission? Yes 370 Where, how long, and what Board? Historic Preservation Board, 2 years during Covid Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am a current highly motivated and active member of this board. As an At Large member I represent the Lindley Historic District, which is in my neighborhood. I would like to continue to work on the Work Plan that HPAB created this year. I have studied the current academic research on historic preservation and would like to put these new ideas into practice in Bozeman: adaptive reuse, preservation as conservation, and social equity in historical preservation. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I am a Spanish teacher and have taught DEI in my professional career for 25 years. I have participated in the City of Bozeman public comment sessions on DEI. I have studied the current academic literature on social equity and historic preservation and hope to use these new inclusive ideas on the Board, especially those relating equity in housing to historic preservation. References Read-Only Content Reference #1 Full Name Crystal Alegria Phone 4062202678 Email crystal@extremehistoryproject.org Section Break Reference #2 Full Name Felix Spinelli Phone 7034028628 Email spinelli.felix@gmail.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I am a current At Large member. Originally I heard about this board from Derek Strahn Is there any other information that you feel we need to know? I feel that our board is re-energizing around new issues in historic preservation and how historic preservation relates to the creation of affordable housing. I would like to continue to be a part of this work. Myself and another board member are at the initial stages of investigating how to create a multi-property historic district based on the remaining existing historical residences of minorities in the City of Bozeman. I would like to continue this work. Read-Only Content Thank you, 371 City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 372 From:Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Wednesday, May 25, 2022 9:31:10 AM Citizen Advisory Board Application Submission #:1687173 IP Address:137.26.77.138 Submission Date:05/25/2022 9:31 Survey Time:15 minutes, 20 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Michael Wiseman Physical Address 1465 Maiden Spirit St Bozeman, MT 59715 Primary Phone 4065814473 Additional Phone Current Occupation Architect Employer Architecture 118 Email mike@arch118.com Which position are you applying for? Historic Preservation Advisory Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more Have you ever served on a City or County Board or Commission? No 373 Where, how long, and what Board? Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am currently a licensed architect in the state of Montana, have been living/ working in Bozeman since attending MSU starting in 1990, and would like to be more involved in the community. I regularly interact with the City planning and historic preservation offices for commercial and residential projects. Although preservation is not a specialty of mine, I understand the importance of historical and cultural context as it relates to growth and change within Bozeman. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. My understanding of DEI has come indirectly through my daughters (currently in high school/ college) and their push for inclusiveness in their circles, and through my wife who works to expand DEI in her field of expertise – environmental/ chemical engineering. I have not had the opportunity to directly affect change in this area in my workplace, but am learning more about it. References Read-Only Content Reference #1 Full Name Scott Hedglin Phone 4064041777 Email scott@arch118.com Section Break Reference #2 Full Name Shannon Weber Phone 4065827490 ext. 101 Email shannon@lunaproperties.biz The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? A current member asked if I would like to apply Is there any other information that you feel we need to know? Read-Only Content Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 374 From:Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Tuesday, May 24, 2022 11:08:09 AM Citizen Advisory Board Application Submission #:1684875 IP Address:35.133.25.32 Submission Date:05/24/2022 11:08 Survey Time:7 minutes, 11 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Savannah Donnelly Physical Address 313 Butler Creek Ave Belgrade, Montana 59714 Primary Phone 6823236977 Additional Phone Current Occupation Historian Employer 2M Companies LLC Email mssavannahdonnelly@gmail.com Which position are you applying for? Historic Preservation Advisory Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) No How long have you lived in the Bozeman Area? 1-5 years Have you ever served on a City or County Board or Commission? Yes 375 Where, how long, and what Board? Historic Preservation Board since Jan 2021 Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have a master's degree in history, with an emphasis on public history and preservation. I also have worked with Yellowstone National Park on National Register nominations. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I am particularly interested in preserving the voices of repressed communities to help make a more equitable future. References Read-Only Content Reference #1 Full Name Mary Murphy Phone 4065513693 Email mmurphy@gmail.com Section Break Reference #2 Full Name Catherine Dunlop Phone 6505216097 Email catherinedunlop@montana.edu The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? On the board now Is there any other information that you feel we need to know? I am the current chair of the board. Read-Only Content Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 376 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Appointments to the Library Board of Trustees MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint one member, Pamela Henley, to the Library Board of Trustees for a term ending June 30, 2027. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Library Board of Trustees currently has one vacancy due to a term expiring on June 30, 2021. One term renewal application has been received. The Library Board of Trustees is created under Section 22-1-308 of the Montana Code Annotated and Section 2.05.350 of the Bozeman Municipal Code. Under Section 2.05.350 of the B.M.C., the Board of Trustees of the Public Library shall be composed of five persons and shall be appointed by the Mayor, with the advice and consent of the Commission, and shall serve without pay. The trustees shall hold their office for the term of five years, and one trustee shall be appointed annually at the beginning of each fiscal year (July 1) for the term of five years, and until his/her successor is appointed and qualifies. Trustees shall serve no more than two full terms in succession. They shall have power to select librarians and other employees as they may determine and fix the amount of any bond which they may require to be given by the librarian and other employees. They shall have power to receive books from all sources for the use and benefit of the library and to purchase books therefore with any money available for that purpose and power to prescribe all rules and regulations for the use of books and the preservation of the same. The board shall keep a record of its transactions and shall make a report to the City Commission at the close of each calendar year, covering the business transacted by it during the year (Ordinance No. 1163, 1984; Ordinance No. 1094 S 1, 1982; prior code S 2.08.200). No residency requirements are contained in either the M.C.A. or the B.M.C. Under state 377 statutes, this Board is administrative. This board currently has one vacancy. The City Clerk’s Office has received one application with their relevant qualifications below. 1. One position with a term expiring June 30, 2027 | Qualifies: P. Henley Applicant: Pamela Henley UNRESOLVED ISSUES:Commissioner Terry Cunningham is the City Commission liaison for this board. Library Board of Trustees appointments are Mayoral appointments with the advice and consent of the Commission. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Pamela Henley.pdf Report compiled on: June 15, 2022 378 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name PAMELA HENLEY * Physical Address 6053 Monforton School Road Bozeman MT 59718 * Primary Phone (406) 570-3968 Additional Phone **SKIPPED** * Current Occupation Consulting Librarian * Employer Montana State Library * Email pamhenley@gmail.com Which position are you applying for? Library Board of Trustees Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) No How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. We first moved to Bozeman in 1983 and immediately got a library card. In my current job I travel the state to visit with public library directors and trustees, and appreciate how the trustees at BPL are a highly functioning team. I would like to contribute to this team. As a county resident I would bring the county perspective. I was employed at Bozeman Public Library for 16 years, and have been on the board of the Friends of the Library for 8 years. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I have attended several DEI trainings as part of my current position with the State Library, and have been part of many discussions with others on how to recognize the Page | 1 379 issue. References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Pete Koson * Phone (406) 539-8550 * Email petekoson@yahoo.com * Reference #2 Full Name Kelly Pohl * Phone (406) 599-7841 * Email kellycanyon@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Library employee and director both mentioned it Is there any other information that you feel we need to know? Although I routinely consult with library boards in my job with the state library, I would be serving on the board as a private citizen - any specific library consulting questions would be referred to the consultant assigned to BPL. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 380 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Appointments to the Downtown Business Improvement District Board MEETING DATE:July 12, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint two members, Ileana Indreland & Eric Bowman to terms ending June 30, 2025. AND I move to designate the Chair and Vice-chair to be, [Insert Name] and [Insert Name], respectively. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Bozeman Downtown Business Improvement District Board (BDBID) currently has four vacancies. Two applications have been received. Montana Code stipulates that BDBID Board members be owners of property within the district. In the past, several applicants were appointed to the board as "property owner representatives" because their property title named a corporation as the owner rather than the individual. For many years the City Commission has honored this precedent by appointing property owner representatives to the BID Board. The BID was originally created by Resolution 3361 and Ordinance 1517, per MCA 7-12-1121, in May of 2000. In June of 2010, the BID was extended/recreated by Resolution 4263 for an additional ten years. On August 11, 2020, the BID was recreated by Resolution 5141 and Ordinance 2040 until 2030. The board shall be comprised of not less than five, nor more than seven, owners of property within the district. Members are appointed for staggered four-year terms. 381 This board currently has four vacancies. The City Clerks' Office has received two applications with their relevant qualifications below. 1. Two positions with terms expiring June 30, 2025 | Qualifies: E. Bowman, I. Indreland Applicants: Ileana Indreland Eric Bowman Deputy Mayor Terry Cunningham is the City Commission liaison for this board. Bozeman Downtown Business Improvement District Board appointments are Commission appointments UNRESOLVED ISSUES:No appointments have been made to this board since the adoption of Resolution 5323 that established a High Performing Boards model. In that Resolution the City Commission asserted that "Board Officers (Chair & Vice- chair) shall be appointed by the City Commission." The previous Chair, Eric Bowman has reapplied; the previous Vice-chair has opted not to reapply. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Eric Bowman.pdf Ileana Indreland.pdf Report compiled on: June 15, 2022 382 From:City of Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Wednesday, June 15, 2022 2:35:46 PM Citizen Advisory Board Application Submission #:1743136 IP Address:72.21.74.8 Submission Date:06/15/2022 3:35 Survey Time:6 minutes, 18 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Eric Bowman Physical Address 4522 Cascade Street Bozeman, MT 59718 Primary Phone 4065990694 Additional Phone Current Occupation Owner of Owenhouse Ace Hardware and Owenhouse Cycling Employer N/A Email eric@owenhouse.com Which position are you applying for? Downtown Business Improvement District Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more Have you ever served on a City or County Board or Commission? Yes 383 Where, how long, and what Board? DBID BOARD HERE IN BOZEMAN - 10+ YEARS Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am a property owner within the district and I have an interest in continuing my work on the BID to ensure the district continues to thrive. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I've taken multiple trainings through my role as a leader in the Montana Interscholastic Cycling League and I believe perhaps through the city as part of ethics training a few years ago? References Read-Only Content Reference #1 Full Name Ileana Delaney Phone 4065801973 Email Ileana@delaneynco.com Section Break Reference #2 Full Name Ellie Staley Phone 4065813827 Email ellie@downtownbozeman.org The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? It's the vacancy created by the end of my term. Is there any other information that you feel we need to know? no Read-Only Content Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 384 From:Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Wednesday, June 1, 2022 2:41:11 PM Citizen Advisory Board Application Submission #:1703872 IP Address:24.72.200.6 Submission Date:06/01/2022 3:41 Survey Time:28 minutes, 3 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Ileana Indreland Physical Address 101 E. Main St. Suite D Bozeman, MT 59715 Primary Phone 4065801973 Additional Phone 4065863132 Current Occupation Real Estate Brokerage & Development Employer Self Email ileana@delaneynco.com Which position are you applying for? Downtown Business Improvement District Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more 385 Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? BID, Bozeman, about 10 years Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have been in business -real estate - in Bozeman since 1982. I have been involved in many community events and non-profits; Haven, Symphony, Opera, Eagle Mount and many more. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I have friends and business relationships with all varieties of people with a variety of backgrounds, genders, and races. References Read-Only Content Reference #1 Full Name Joshua Marks Phone 4066007070 Email jmarks41@gmail.com Section Break Reference #2 Full Name Kalli Ryti Phone 4065853912 Email kalli.ryti@ourbank.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I have served on this board for several years. Is there any other information that you feel we need to know? I have been and continue to be supportive of downtown businesses. I have restored historical property downtown and own property downtown. Read-Only Content Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 386