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06-28-22 City Commission Meeting Agenda & Packet Materials
A.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.Public Service Announcements D.1 City of Bozeman offices will be closed Monday, July 4 in observance of the Independence Day. There will be no City Commission meeting on Tuesday, July 5. This is a garbage holiday and pick up will be on the delayed one day.(Maas) E.FYI F.Commission Disclosures G.Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, June 28, 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: 2550 012 6425 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. Public comments will be accepted in-person during the appropriate agenda items. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this hybrid meeting. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 G.1 Accounts Payable Claims Review and Approval (Waters) G.2 Request for Authorization to Write-Off Stale-Dated Accounts Payable Checks from the City's General Accounting Ledger(Stewart) G.3 Approve the Final Plat for the Northwest Crossing Phase 1 Subdivision and Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman; the Director of Community Development to Execute the Improvements Agreements on Behalf of the City of Bozeman, Application 21482(Garber) G.4 Approval of a Minor Subdivision Final Plat for the Eastlake Professional Center Subdivision to Divide a 7.65 Acre Parcel into Four Commercial Lots Zoned B-2M, Community Business District-Mixed(Montana) G.5 Approval of the 413 to 415 N. Montana Avenue Minor Subdivision Final Plat to Subdivide a 9,755 Square Foot Parcel into Two Lots(Montana) G.6 Authorize the City Manager to Sign a Utility Easement with Timothy J Bell for the 413-415 North Montana subdivision Final Plat (22116)(Schultz) G.7 Authorize the City Manager to Sign a Utility Easement with Wake Up Inc for the Stockyard Properties Subdivision Exemption (21103)(Flammond) G.8 Authorize the City Manager to Sign a Temporary Use Permit for Use of City Property by the United State of America Acting Through the USFS Custer Gallatin National Forest for the Bozeman Municipal Watershed Project(Heaston) G.9 Authorize the City Manager to Sign a General Services Agreement with CivicPlus for Recreation Management Software(Saitta) G.10 Authorize the City Manager to Sign a Contract Agreement with Xylem to Maintain Sewer Lift Station Pumps(Pericich) G.11 Authorize the City Manager to Sign a Professional Services Agreement with Morrison- Maierle, Inc. for Materials Testing(Gamradt) G.12 Authorize City Manager to Sign a Professional Services Agreement with WBI Energy Corrosion for Cathodic Protection System Testing(Pericich) G.13 Authorize the City Manager to Sign a Professional Services Agreement with Code Studio for Update to Chapter 38, Unified Development Code, Application 21381(Saunders) G.14 Authorize the City Manager to Sign a Professional Services Agreement with Elkhorn Commissioning Group for the Bozeman Public Library Commissioning Services(Meyer) G.15 Authorize the City Manager to Sign a Professional Services Agreement with Lotus Engineering & Sustainability for a Community Greenhouse Gas Emissions Inventory and Data Visualization Platform.(Meyer) G.16 Resolution 5399 Authorizing Prime Change Order 17 with Langlas and Associates for 2 Construction of the Bozeman Public Safety Center(Winn) G.17 Resolution 5422 a Resolution of the City Commission of the City of Bozeman, Montana, Confirming the Appointment of Police Officers in Accordance with Montana Code Annotated 7-32-4108 and 7-32-4113(Veltkamp) G.18 Resolution 5423 Relating to $6,730,000 General Obligation Bonds, Series 2022; Determining the Form and Details, Authorizing the Execution and Delivery and Levying Taxes for the Payment Thereof(Harlow-Schalk) G.19 Resolution 5424 Certification of Delinquent City Assessments to the County (Harlow-Schalk) G.20 Ordinance 2111 Final Adoption, Departures for Housing Creation, Create a New Section of the Municipal Code, 38.320.070 to Authorize Additional Administrative Flexibility In Administration of Specified Residential Standards through departures and Create Definitions for Infill and Missing Middle Housing to incentivize housing creation, Application 22133(Saunders) G.21 Ordinance 2112 Final 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(Rogers) G.22 Ordinance 2118 Final Adoption Authorizing City Commission to Establish by Resolution Criteria and Procedures for Remote Participation by Commissioners and Board Members(Sullivan) H.Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. I.Action Items I.1 Annexation and Initial Zoning Application 21443 Requesting Annexation of 8.56 Acres and Amendment to the City Zoning Map for the Establishment of a Zoning Designation of B-2M (Community Business-Mixed District)(Rogers) I.2 Ordinance 2117 Provisional Adoption Establishing Municipal Court Fee Schedule (Saverud) I.3 Ordinance 2109, Replacing the Term Columbus Day with Indigenous Peoples’ Day, and Designating the Second Monday of October as the Local Indigenous Peoples’ Day Holiday(Giuttari) I.4 Resolution 5392 Adopting Fiscal Year 2023 Budget as the Final Appropriation Resolution(Mihelich) 3 J.Appointments J.1 Appointments to the City-County Board of Health (Maas) K.FYI / Discussion L.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 4 Memorandum REPORT TO:City Commission FROM:Mike Maas, City Clerk SUBJECT:City of Bozeman offices will be closed Monday, July 4 in observance of the Independence Day. There will be no City Commission meeting on Tuesday, July 5. This is a garbage holiday and pick up will be on the delayed one day. MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Administration RECOMMENDATION:Inform holiday hours STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:n/a UNRESOLVED ISSUES:n/a ALTERNATIVES:none FISCAL EFFECTS:none Report compiled on: June 17, 2022 5 Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk Levi Stewart, Assistant City Controller Aaron Funk, City Controller Rachel Harlow-Schalk, Interim Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Finance RECOMMENDATION:City Commission approval is recommended for claims as presented. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires the City Commission to review claims prior to payment. Claims presented to the City Commission under this item have been reviewed and validated by the Finance Department. The Department has ensured that all goods and services have been received along with necessary authorizations and supporting documentation. Additionally, the Department confirmed all expenditures were appropriately coded and within the current fiscal year allocated budget. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: June 16, 2022 6 Memorandum REPORT TO:City Commission FROM:Levi Stewart, Assistant City Controller Laurae Clark, City Treasurer Aaron Funk, City Controller Rachel Harlow-Schalk, Interim Finance Director SUBJECT:Request for Authorization to Write-Off Stale-Dated Accounts Payable Checks from the City's General Accounting Ledger MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission approve the "writing-off" from the City's general accounting ledger stale Accounts Payable warrants (also known as checks) issued by the City over a year ago that have not been cashed by the recipient. 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:Per Section 7-6-4303 of Montana Code Annotated (MCA), the City may cancel municipal warrants that have remained outstanding or un-cashed for one year or longer. In alignment with MCA, this item requests that stale Accounts Payable checks (also known as warrants) issued by the City over a year ago that have not been cashed be "written off" of the General Ledger of the City. Attached to this report, the Commission will find details on the checks to be written off and information specific to attempts have made to contact check recipients. The Commission's action of writing-off these checks will not preclude the holder of a stale check from ever being paid the amount they are due. The action by the Commission will simply result in eliminating the effects of this stale activity from the City's Balance Sheet. This action allows the City to maintain records in conformity with Generally Accepted Accounting Principles which will be validated by the annual audit. UNRESOLVED ISSUES:Recipients of checks (also known as warrants) from the City who have not cashed them have not responded to multiple inquiries. Writing the checks out of the general ledger does not remove the opportunity for a recipient to 7 later cash a check. In the event a written off check is cashed, funds will be made available within the appropriate fiscal year's budgeted dollars which may include Reserve Funds. Reserve funds can be used for unexpected expenses such as these. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The total amount of checks to be written off of the General Ledger is $58,647.80. As a result, Cash (an asset) will be added back to the City's balance sheet with a corresponding amount recorded to "Abandoned Property" (a liability), resulting in no change in the City's Net Financial Position. Attachments: Stale Checks for writeoff 0622.pdf Report compiled on: June 13, 2022 8 Check Type Check #Date Amount Business Name/Last Name First Name Address City State Zip 1st Sent 2nd Sent 3rd Sent Operating 214177 7/7/20 $347.96 American Medical Response 515 N State St Chicago IL 60610 10/27/20 01/06/21 ReturnedOperating2143357/7/20 $28.20 Van Kirk Samuel 2410 Grapevine Gulch Rd Ione CA 95640 10/27/20 01/06/21 03/30/21Operating2144067/14/20 $51.94 Fisher Shae 601 Prairie Ave Bozeman MT 59718 10/27/20 01/06/21 03/30/21Operating2145187/14/20 $7.43 Stone McKayla 4815 GOLDEN GATE AVE APT F BOZEMAN MT 59718 10/27/20 01/06/21 03/30/21 Operating 214747 7/21/20 $80.00 Wild Kristin Bozeman MT 59715 Operating 214761 7/28/20 $47.10 Batson Austin 28 Michael Grove Ave Bozeman MT 59718 10/27/20 01/06/21 ReturnedOperating2147977/28/20 $43.71 Day Andrew 4087 Carbon St Bozeman MT 59718 10/27/20 01/06/21 03/30/21Operating2148507/28/20 $28.22 Lawrence Alexandra 205 Edelweiss Dr Bozeman MT 59718 10/27/20 01/06/21 03/30/21Operating2148877/28/20 $91.12 Purvis Shelby 2619 Daffodil St Bozeman MT 59718 10/27/20 01/06/21 03/30/21Operating2149177/28/20 $29.89 Thesing Gregory Bozeman MT 59715Operating2150468/4/20 $40.00 Schmid Rachelle 1476 Alder Creek Dr Bozeman MT 59715 10/27/20 01/06/21 03/30/21Operating2151998/11/20 $26.06 Frey Kit 1505 S Willson Ave Bozeman 4 59715 10/27/20 ReturnedOperating2152008/11/20 $47.55 Frey Steven Bozeman MT 59715Operating2152468/11/20 $34.85 Misner Harley 5757 Saxon Way Apt A Bozeman MT 59718 10/27/20 01/06/21 03/30/21Operating2152678/11/20 $42.18 Parker Zachary Bozeman MT 59715Operating2152708/11/20 $17.99 Plotts Matthew 1042 Abigail Ln Unit A Bozeman MT 59718 10/27/20 01/06/21 03/30/21 Operating 215286 8/11/20 $537.69 Shepherd Kila PO Box 89 Sand Coulee MT 59472 10/27/20 Returned Operating 215289 8/11/20 $12.88 Sickler Wade 428 Michael Grove Ave Apt A Bozeman MT 59718 10/27/20 01/06/21 03/30/21 Operating 215291 8/11/20 $95.00 Smith Gregory PO BOX 6100 Bozeman MT 59771 10/27/20 01/06/21 03/30/21Operating2154928/26/20 $11.73 Jones Nick 105 Redwood Dr Bozeman MT 59718 10/27/20 01/06/21 03/30/21Operating2156529/2/20 $99.88 Calkin Duncan 1505 S Black Ave Bozeman MT 59715 01/06/21 03/30/21 01/20/22Operating2156659/2/20 $114.14 Daub Sydney 3765 Gallaoway St Apt B307 Bozeman MT 59718 01/06/21 03/30/21 01/20/22Operating2157219/2/20 $40.75 Nash Conner 3404 Golden Valley Dr Bozeman MT 59718 01/06/21 ReturnedOperating2157279/2/20 $387.00 O'Reilly Jackie 1734 W Oak Ste G Bozeman MT 59715Operating2157569/2/20 $25.07 Stretch Elizabeth 11 Latham St S Portland ME 4106 01/06/21 03/30/21 01/20/22Operating2157779/2/20 $45.34 Winders Sean 350 Water Lily Dr Apt 15 Bozeman MT 59718 01/06/21 03/30/21 01/20/22Operating2157809/2/20 $122.23 Brackett Christopher D General Delivery Bozeman MT 59718 01/06/21 ReturnedOperating2158889/9/20 $15.45 Fleming Nathan 2716 Turbulence Ln Bozeman MT 59718Operating2159109/9/20 $88.93 Holbrook Alexandra 2722 W Mendenhall St Bozeman MT 59718 01/06/21 03/30/21 01/20/22 Operating 215928 9/9/20 $33.86 Latray Joshua 1514 Rugged Creek Ave Unit B Belgrade MT 59714 01/06/21 03/30/21 01/20/22 Operating 215962 9/9/20 $25.95 Parker Zachary 4605 W Babcock St Bozeman MT 59718 01/06/21 ReturnedOperating2159809/9/20 $15.75 Rundle Amber 1105 Twin Lakes Ave Unit B Bozeman MT 59718 01/06/21 03/30/21 01/20/22Operating2161419/16/20 $55.49 Ryan Herco Products Corp PO Box 74007459 Chicago IL 60674-7459Operating2162419/23/20 $14.00 Hutchings Anthony City Employee Bozeman MT 59715 1/6/2021 3/30/2021 01/20/22Operating21690410/21/20 $26.01 Cerda Ryan City Employee Bozeman MT 59718 01/06/21 ReturnedOperating21696910/21/20 $15.45 Goocey Nicholas 41 AUSTINS KNL MARSHALL NC 28753 01/06/21 03/30/21 01/20/22Operating21701210/21/20 $13.15 Laroche Patrick 105 E Peach St Unit D Bozeman MT 59715 01/06/21 03/30/21 01/20/22Operating21714010/21/20 $5.44 Watkines Natalie 2221 S Wolff St Denver CO 80219 01/06/21 03/30/21 01/20/22Operating21740111/4/20 $38.67 Peterson Jennifer 3378 N 27th Ave Unit #207 Bozeman MT 59718 03/30/21 01/20/22 04/11/22Operating21761811/9/20 $120.00 Simons Cole 310 N 16th Ave Bozeman MT 59715 03/30/21 01/20/22 04/11/22Operating21778611/18/20 $42.06 Kelly Canyon Adventures LLC 7761 Willow Grove Blvd Batan Rouge LA 70810 03/30/21 01/20/22 04/11/22 Operating 217851 11/18/20 $40.98 Miremont Kristina C 7761 Willow Grove Blvd Batan Rouge LA 70810 03/30/21 01/20/22 04/11/22 Operating 218268 11/25/20 $137.01 Brodie Charles Kent 931 W Hulbert Rd W Bozeman MT 59718 03/30/21 01/20/22 04/11/22 Operating 218442 11/25/20 $31.08 Fegan Conor & Etosha 20878 Covey Ct Bend OR 97701 03/30/21 01/20/22 04/11/22Operating21845411/25/20 $249.69 Frank Helen F 3529 Fieldstone Dr W Bozeman MT 59715 03/30/21 01/20/22 04/11/22Operating21854711/25/20 $14.41 Hexom Heather 1316 S Church Ave Bozeman MT 59715 03/30/21 01/20/22 04/11/22Operating21890511/25/20 $18.49 Potts Daniel E 3450 S 21ST AVE APT 10 Bozeman MT 59718 03/30/21 01/20/22 04/11/22Operating21893211/25/20 $60.23 Repasky Kevin S & Terry R 512 N Wallace Ave Bozeman MT 59715 03/30/21 01/20/22 04/11/22Operating21908611/25/20 $41.67 Tate Robert Z 1203 S Pincrest Dr Bozeman MT 59715 03/30/21 01/20/22 04/11/22Operating21910411/25/20 $40.36 Thornburg Mary 15 E Beall St Bozeman MT 59715 03/30/21 01/20/22 04/11/22Operating21913611/25/20 $28.07 Vanover Edward D 925 Basin Ave Bismark ND 58504 03/30/21 01/20/22 04/11/22Operating21955212/9/20 $40.59 Bower Jennifer 3402 Tschache Ln Bozeman MT 59718 03/30/21 01/20/22 04/11/22Operating21956412/9/20 $117.91 Bridgestone Retail Oper LLC 200 4th Ave South Nashville TN 37201 03/30/21 01/20/22 04/11/22Operating21975212/9/20 $27.18 Haff William H 821 Martinez Spring Rd Bozeman MT 59718 03/30/21 01/20/22 04/11/22 Operating 219798 12/9/20 $3,327.67 Home Depot USA Inc #3104 PO Box 105842 Atlanta GA 30348 03/30/21 01/20/22 04/11/22 Operating 219812 12/9/20 $8.57 IRA Resources Inc 6825 LaJolla Blvd LaJolla CA 92037 03/30/21 01/20/22 04/11/22Operating21982312/9/20 $9.67 Jarvi Kenneth O Barbara A 1963 N Highwood Ave Boise ID 83713 03/30/21 01/20/22 04/11/22Operating21994012/9/20 $27.75 McAllister Byron & Kay 606 S 5th Ave Bozeman MT 59715 03/30/21 01/20/22 04/11/22Operating21998512/9/20 $47.50 Mueli Paige K 260 NW Golden Hills SP #34 Pullman WA 99163 03/30/21 01/20/22 04/11/22Operating22004912/9/20 $46.56 Potab LLC 47 Riverside Dr Bozeman MT 59718 03/30/21 ReturnedOperating22023412/9/20 $35.54 Uhlenbeck Karen 15 CONSTITUTION HILL E PRINCETON NJ 08540 03/30/21 01/20/22 04/11/22Operating22029012/9/20 $66.88 Zipkin Sarah A 318 N 20th Ave Bozeman MT 59718 03/30/21 01/20/22 04/11/22 9 Operating 220321 12/9/20 $62.97 Barnhill Joseph 4088 Sunstone St Unit B Bozeman MT 59715 03/30/21 01/20/22 04/11/22Operating22041512/9/20 $48.55 Link Katie 4281 W Babcock St Unit 5 Bozeman MT 59718 03/30/21 01/20/22 04/11/22Operating22045412/9/20 $107.50 Pasti Katheine 209 Pondera Ave Unit 2 Bozeman MT 59718 03/30/21 ReturnedOperating22054112/16/20 $622.58 Brodie Charles Kent 931 W Hulbert Rd W Bozeman MT 59718 03/30/21 01/20/22 04/11/22Operating22055512/16/20 $22.08 Dark Horse Properties LLC 8652 S 19th Ave Bozeman MT 59718 03/30/21 01/20/22 04/11/22Operating22057712/16/20 $87.56 Fradkin Edward & Mila Spektor 102 Eagle Fjord Ct Unit A Bozeman MT 59718 03/30/21 01/20/22 04/11/22Operating22062212/16/20 $5.83 Jecroix Katrina 2149 Durston Rd Unit 37 Bozeman MT 59718 03/30/21 01/20/22 04/11/22Operating22063512/16/20 $217.53 Kraft Glen & Linda 7035 S 19th Ave Bozeman MT 59718 03/30/21 01/20/22 04/11/22Operating22070412/16/20 $25.06 Sallee Travis M & Sandra 102 Eagle Fjord Ct Unit A Bozeman MT 59718 03/30/21 01/20/22 04/11/22Operating22074412/16/20 $43.08 Wagner Greggory C 1701 Park View Pl Bozeman MT 59715 03/30/21 01/20/22 04/11/22Operating22093612/10/20 $238.65 Hargrove Jr Robert & Cyndi 3529 W Fieldstone Dr Bozeman MT 59715 03/30/21 01/20/22 04/11/22 Operating 221060 12/23/20 $35.00 Mounsey Matthew PO Box 746 Snoqualmie WA 98065 03/30/21 01/20/22 04/11/22 Operating 221187 12/23/20 $819.98 Brodie Charles Kent 931 W Hulbert Rd W Bozeman MT 59718 03/30/21 01/20/22 04/11/22 Operating 221229 12/23/20 $83.27 Community 40 LLC 1668 Buckrake Ave Bozeman MT 59718 03/30/21 01/20/22 04/11/22Operating22141012/23/20 $128.77 Kleckner Thomas 4243 W Babcock St Unit 1 Bozeman MT 59718 03/30/21 ReturnedOperating22153612/23/20 $48.93 Penney Nancy J 919 W Lamme St Bozeman MT 59715 03/30/21 01/20/22 04/11/22Operating22158612/23/20 $267.18 Sanchez Sergio 78 Watering Hole Cir Bozeman MT 59715 03/30/21 01/20/22 04/11/22Operating22171012/23/20 $83.27 Wiseman Cory & Carolyn 101 Gibson Dr Bozeman MT 59718 03/30/21 01/20/22 04/11/22Operating2219441/6/21 $46.61 Benedetto Molly 1420 BOREN AVE APT 305 SEATTLE WA 98101 03/30/21 01/20/22 04/11/22Operating2219831/6/21 $50.00 Giner Jacob 2137 Durston Rd Unit 25 Bozeman MT 59718 03/30/21 01/20/22 04/11/22Operating2219881/6/21 $44.68 Gunning Charlotte 2460 Daws Dr Unit B Bozeman MT 59718 03/30/21 01/20/22 04/11/22Operating2221041/13/21 $2,000.00 Election Solutions Inc 250 SE Spokane St Portland OR 97205 03/30/21Operating2223761/27/21 $40.82 Woolley Robert PO Box 134 Austin NV 89310 03/30/21 01/20/22 04/11/22Operating2224601/27/21 $33.06 Kroon Dan 4809 Glenwood Dr Unit 1 Bozeman MT 59718 03/30/21 01/20/22 04/11/22 Operating 222541 1/27/21 $27.08 WH&T LLC 8260 Huffine Ln #3 Bozeman MT 59718 03/30/21 01/20/22 04/11/22 Operating 222797 2/10/21 $29.19 Holder Julie 11681 River Bend Dr Leavenworth WA 98826 01/20/22 ReturnedOperating2229182/17/21 $30.65 1212 S Grand Ave QOF LLC 1212 S Grand Ave Bozeman MT 59715 01/20/22 04/11/22Operating2230632/24/21 $55.83 ANDERS MCKENNA 208 S Yellowstone Ave Unit 1 Bozeman MT 59718 1/20/2022 ReturnedOperating2230752/24/21 $43.28 BROWN WAREHOUSE LLC 600 N Wallace Ave Bozeman MT 59715 01/20/22 ReturnedOperating2230872/24/21 $150.00 DUGAN JODIE 1801 W Olive #17 Bozeman MT 59715 01/20/22 04/11/22Operating2231242/24/21 $80.00 NASRO 2020 Valleydale Rd, Ste 207A Hoover AL 35244 01/20/22 04/11/22Operating2234943/10/21 $58.92 QUINONES DANIEL 148 Red Fox Ln Bozeman MT 59718 01/20/22 04/11/22Operating2235493/17/21 $400.00 BLACKFIN Attn: Bree Sheehan 123 W 93rd St #5F New York NY 10025 01/20/22 04/11/22Operating2235533/17/21 $15,000.00 BOZEMAN SPORTS PARKS FOUNDATION PO Box 1126 Bozeman MT 59771Operating2239403/31/21 $40.00 LEVIN BENJAMIN 85 Rivette Dr Breckenridge CO 80424 01/20/22 04/11/22Operating2239413/31/21 $77.51 LOWEN ZACHARY 135 N Windsor Cir Billings MT 59105 01/20/22 04/11/22 Operating 224434 04/21/2021 $40.00 GRAVENS EMILY 5580 Foster Lane Belgrade MT 59714 01/20/22 04/11/22 Operating 224435 04/21/2021 $40.00 GRAVENS EMILY 5580 Foster Lane Belgrade MT 59714 01/20/22 04/11/22 Operating 224644 04/28/2021 $36.65 LIEBERS DREW 153 Garrison Rd Apt 110 Stafford VA 22554Operating22476505/05/2021 $660.00 CITY OF BOZEMAN - PLANNING DEP Bozeman MT 59715 1/20/2022 04/11/22Operating22479805/05/2021 $120.00 JOEL ULRICH PAINTING 5440 Frontage Rd Logan MT 59741 01/20/22 04/11/22Operating22509305/10/2021 $131.30 MILLER-TRUMBALL ROXANE 2711 Hoover Ave Billings MT 59102 01/20/22 04/11/22Operating22511905/19/2021 $60.64 CAMPBELL STU PO Box 495 Granby CO 80446Operating22516305/19/2021 $18.40 GIESER ERIKA 28188 Norris Rd Bozeman MT 59718 01/20/22 04/11/22Operating22527305/19/2021 $13.12 VEACH DYLAN 2758 Donna Ave Bozeman MT 59718 01/20/22 04/11/22Operating22528905/26/2021 $695.42 AVAKIAN JACK & MELINDA 3567 Stanford Dr Bozeman MT 59715 01/20/22 04/11/22Operating22532105/26/2021 $56.87 LUNDSTROM PHILLIP & NICOLE 228 S Cottonwood Rd Unit 106 Bozeman MT 59718 01/20/22 04/11/22Operating22532705/26/2021 $22.48 MCMAHON JAMES A & REBECCA L 3415 S 21st Ave Bozeman MT 59718 01/20/22 ReturnedOperating22548605/26/2021 $34.03 SMITH BRIANA 605 Talon Way Bozeman MT 59718 01/20/22 04/11/22 Operating 225694 06/01/2021 $178.58 GILLITZER ERIC 209 Launfal Ln Bozeman MT 59718 01/20/22 04/11/22 Operating 225713 06/09/2021 $9.51 BURMEISTER GENEVIEVE 1307 Fozzie Unit C Belgrade MT 59714 01/20/22 04/11/22Operating22575406/09/2021 $53.52 HARRIS SCOTT 235 Green Hills Ranch Rd Bozeman MT 59718 01/20/22 04/11/22Operating22580806/09/2021 $69.43 STENSON JESSICA 622 E Davis St Bozeman MT 59715 01/20/22 04/11/22Operating22581106/09/2021 $48.13 TATARKA REBECCA 133 Centenneal Ln Townsend MT 59644 01/20/22 04/11/22Operating22585006/16/2021 $3,232.24 BRIDGER PEAKS VILLAGE ASSOC % Infinity Mgmt PO Box 306 Lewiston ID 83501 01/20/22 04/11/22Operating22586606/16/2021 $135.84 CLARK TREVOR 1101 LANDMARK DR BELGRADE MT 59714 01/20/22 04/11/22Operating22589006/16/2021 $7.63 FRANCK THOMAS 509 N Feerguson Ave Unit C Bozeman MT 59718 01/20/22 04/11/22Operating22589406/16/2021 $81.26 FRISCHKORN JOHN & JENNIFER 120 E RAINIER CT ALLYN WA 98524 01/20/22 04/11/22Operating22590406/16/2021 $133.42 GEDDES CHRISTOPHER T 216 Tilton Ave Ste 3 San Mateo CA 94401 01/20/22 ReturnedOperating22592006/16/2021 $620.18 HUGGINS MATTHEW & LAURA 3281 Gardenbrook Ln Bozeman MT 59715 01/20/22 04/11/22Operating22598306/16/2021 $33.24 PALMER FAMILY TRUST 902 Brentwood Ct Gillette WY 82718 01/20/22 04/11/22 Operating 225990 06/16/2021 $14.29 PETERSON RICHARD & BONNIE TYLER3810 EASTWOOD LN Salt Lake City ut 84109 01/20/22 04/11/22 Operating 225998 06/16/2021 $177.66 RASER CHRISTOPHER K 3916 WW 178TH St Apt 3 Torrance CA 90504 01/20/22 04/11/22 10 Operating 226020 06/16/2021 $44.07 SIGMA CHI FRATERNITY PO Box 145 Bozeman MT 59771 01/20/22 04/11/22Operating22602806/16/2021 $135.55 STOKES W LEE & JUDITH 750 N 15th Ave Bozeman MT 59715 01/20/22 04/11/22Operating22604406/16/2021 $139.72 VAHLBUSCH, KEVIN & MEGAN BOWEN 542 E KAGY BLV Bozeman MT 59715 01/20/22 04/11/22Operating22605806/16/2021 $103.93 WILLHITE LACY 2788 Georgia Marie Ln Bozeman MT 59718 01/20/22 04/11/22Operating22631206/23/2021 $150.00 FOSTER JOHN 367 Magdaline Way Unit C Bozeman MT 59718 01/20/22 04/11/22Operating22632806/23/2021 $35.00 HENGELFELT JANIK 502 Portland Ave Saint Paul MN 55102 01/20/22 04/11/22Operating22633306/23/2021 $80.00 HUSTAD MATTHEW 335 Resort Dr Bozeman MT 59718Operating22636206/23/2021 $60.55 MCGILLY CLARA 1042 62nd St Unit A Emeryville CA 94608 01/20/22 04/11/22Operating22638106/23/2021 $43.40 PALMER KYLEE 805 W ALLISON AVE Belgrade MT 59714 01/20/22 04/11/22Operating22638806/23/2021 $0.90 PRICE RITE DRUG 910 N 7th Ave Bozeman MT 59715 01/20/22 ReturnedOperating22640206/23/2021 $59.74 ROWORTH ELIZABETH 322 S Church Ave Unit C Bozeman MT 59715 01/20/22 04/11/22 Operating 226405 06/23/2021 $67.99 SAIN COLE 2218 Gallatin Green Blvd Unit D Bozeman MT 59718 01/20/22 Returned Operating 226406 06/23/2021 $8.02 SCHILSKE ALTHEA 1411 S Grand Ave Unit B Bozeman MT 59715 01/20/22 04/11/22 Operating 226409 06/23/2021 $88.90 SCHRIEFER MADI 706 Halfpipe St Apt A Belgrade MT 59714 01/20/22 04/11/22Operating22641506/23/2021 $13.12 SORENSEN SONNY 1605 Durston Rd, Trlr #50 Bozeman MT 59715 01/20/22 04/11/22Operating22659306/30/2021 $391.73 SEITEL LIGHTING 21 Aquila Ct Bozeman MT 59718 $36,685.81 Operating Stale Check Total Payroll 24893 8/5/20 455.75 Campbell Sare E 303 N 8th Ave Bozeman MT 59715 10/27/2020 ReturnedPayroll2499211/13/20 379.18 Dorrence Michelle D 4061 Carbon St Bozeman MT 59718 1/6/2021 3/30/2021 1/20/2022Payroll2506412/1/20 1,103.49 Moore Matthew J 29 White Islan Rd Halifax MA 02338 3/30/2021 1/20/2022 4/11/2022Payroll251454/21/21 12.00 Nelson Victoria D 1253 Student Dr Apt 204 Bozeman MT 59715 1/20/2022 ReturnedPayroll251645/21/21 722.83 Johnson Lenna M 412 S 6th Ave Bozeman MT 59715 1/20/2022 4/11/2022 2,673.25 Payroll Stale Check Total Court 16099 07/14/20 $1,100.00 Mosely Zachary 631 E Davis St Apt B Bozeman MT 59715 10/27/20 1/6/2021 3/30/2021Court1611207/14/20 $1,100.00 McGough Michael 109 Meghans Way Bozeman MT 59718 10/27/20 1/6/2021 3/30/2021Court1612407/17/20 $100.00 Thomas Yvette PO Box 6244 Bozeman MT 59771 10/27/20 Returned Court 16128 07/17/20 $440.00 Kirwan Ryan 34 N 25th Ave Bozeman MT 59718 10/27/20 1/6/2021 Returned Court 16145 07/21/20 $585.00 Stevens Val 1747 W Kagy Blvd Bozeman MT 59715 10/27/20 ReturnedCourt1614907/21/20 $65.00 Kenyon Woodrow Lyman 309 N 9th Ave Bozeman MT 59715 10/27/20 1/6/2021 3/30/2021Court1615907/21/20 $65.00 Prato Edward Fernando Vivas 132 W Main St Bozeman MT 59715 10/27/20 ReturnedCourt1620107/23/20 $1,000.00 Richey Alex 1405 W Story St Bozeman MT 59715 10/27/20 1/6/2021 ReturnedCourt1620207/23/20 $1,000.00 Sendon Ashley 1253 Student Dr Bozeman MT 59715 10/27/20 ReturnedCourt1620407/23/20 $30.00 Starbucks 1765 W Main St Bozeman MT 59715 10/27/20 1/6/2021 3/30/2021Court1623208/12/20 $600.00 Hampton Jesse R 2137 Warbler Way #B Bozeman MT 59718 10/27/20 ReturnedCourt1626709/21/20 $150.00 Storey Paul 101 Grant Chamberlain Dr Apt 3E Bozeman MT 59715 1/6/2021 ReturnedCourt1627809/29/20 $500.00 Ducolon Ryan Austin 2962 W Villard St Apt B Bozeman MT 59718 1/6/2021 ReturnedCourt1630110/05/20 $430.00 Johnson Lacey Jane PO Box 160126 Big Sky MT 59716 1/6/2021 ReturnedCourt1630810/05/20 $50.00 Haugen Aaron Alton 15 Rabbittown Rd Ashland MT 59003 1/6/2021 3/30/2021 1/20/2022 Court 16324 10/19/20 $2.00 Jones William Jared 1218 S Cedarview Dr Bozeman MT 59715 1/6/2021 Court 16331 10/19/20 $300.00 Barton Spencer N 607 NE Lindsay St Coupeville WA 98239 1/6/2021 3/30/2021 1/20/2022 Court 16333 10/19/20 $890.00 Knoles Michael Chantry PO Box 11469 Bozeman MT 59719 1/6/2021 3/30/2021 ReturnedCourt1635510/19/20 $250.00 Garno Bobby 1007 Cardinal Dr Unit B Belgrade MT 59714 1/6/2021 3/30/2021 1/20/2022Court1635910/19/20 $39.99 Latouche Cassandra PO Box 404 Billings MT 59103 1/6/2021 ReturnedCourt1637110/19/20 $50.00 Gould Timothy 1715 Alder Ct Bozeman MT 59715 1/6/2021 3/30/2021 1/20/2022Court1637310/19/20 $40.00 Gotz Terrence Jerome 425 Sky Crest Dr Bozeman MT 59715 1/6/2021 3/30/2021 1/20/2022Court1639112/04/20 $100.00 Gould Timothy 1715 ALDER CT Bozeman MT 59715 3/30/2021 1/20/2022 ReturnedCourt1639712/04/20 $10.00 Cowan Christopher John 3940 Stucky Rd Bozeman MT 59718 3/30/2021 1/20/2022 4/11/2022Court1643412/29/20 $400.00 Redgrave Phillip John 230 Waterlily Dr Apt 16 Bozeman MT 59718 3/30/2021 1/20/2022 4/11/2022Court1644912/29/20 $115.00 Smith Aaron Brady 27804 Point Breeze Dr Menefee CA 92585 3/30/2021 1/20/2022 4/11/2022Court1647901/04/21 $65.00 Healy Patrick Brian 1321 S 5th Ave Bozeman MT 59715 3/30/2021 1/20/2022 4/11/2022Court1652001/25/21 $480.00 State Farm Insurance PO Box 661001 Dallas TX 75766 3/30/2021 Returned Court 16526 01/26/21 $341.00 Thoits Robert PO Box 924 Emigrant MT 59027 3/30/2021 1/20/2022 4/11/2022 Court 16527 01/26/21 $440.00 Thoits Robert PO Box 925 Emigrant MT 59028 3/30/2021 1/20/2022 4/11/2022Court1654101/28/21 $100.00 State Farm Insurance PO Box 661001 Dallas TX 75766 3/30/2021 ReturnedCourt1654602/01/21 $25.00 Gould Timothy 1715 Alder Ct Bozeman MT 59715 3/30/2021 1/20/2022 ReturnedCourt1655102/01/21 $850.00 Morden Peter Scott 802 N Grand Ave #2B11 Bozeman MT 59715 3/30/2021 ReturnedCourt1656903/05/21 $340.00 Saords Korrie 4214 Judith Dr Missoula MT 59804 1/20/2022 4/11/2022 11 Court 16574 03/05/21 $75.00 Erickson Tasheena Meshaangel 832 OLSON RD SEQUIM WA 98382 1/20/2022 4/11/2022Court1657703/05/21 $355.00 Maier Max 368 Lake Dr Bozeman MT 59718 1/20/2022 4/11/2022Court1659903/08/21 $20.00 Brenden Dalton Robert 411 Guettler Rd Helena MT 59602 1/20/2022 4/11/2022Court1660203/08/21 $2,800.00 Bruen Elizabeth A 424 1/2 W College St Bozeman MT 59715 1/20/2022 4/11/2022Court1664004/06/21 $65.00 Passes Annette R 1062 Oak St #42 Bozeman MT 59715 1/20/2022 4/11/2022Court1664704/06/21 $165.00 Morelli Meredith Jo 605 S 5th St Bozeman MT 59715 1/20/2022 4/11/2022Court1665004/06/21 $465.00 Challans Egan John 63 Ballas Lane Lewistown MT 59457 1/20/2022 4/11/2022 ReturnedCourt1667504/06/21 $755.00 Smith Logan Anthony PO Box 1466 Belgrade MT 59714 1/20/2022 4/11/2022Court1668704/09/21 $92.50 Morris Ecole 705 Chenoweth Loop W The Dalles OR 97058 1/20/2022 4/11/2022Court1669904/16/21 $100.00 Rubero Jessica 407 1/2 S 20th Ave Bozeman MT 59718 1/20/2022 4/11/2022Court1670004/16/21 $40.00 Jones James Marshel 2938 Warbler Way Unit 16 Bozeman MT 59718 1/20/2022 4/11/2022 Court 16709 04/23/21 $55.00 Gould Timothy 1715 Alder Ct Bozeman MT 59715 1/20/2022 Returned Court 16710 04/23/21 $27.25 MacDonald Kylie Marie 2773 Renee Way Bozeman MT 59718 1/20/2022 4/11/2022 Court 16721 05/07/21 $5.00 Kachalia Daanish Rafiq 3976 Hazelridge Rd Mississauga ON L5N 6Z4 1/20/2022 4/11/2022Court1675306/07/21 $10.00 Sacry Kenedy Paige 2905 W Village Apt #A Bozeman MT 59718 1/20/2022 4/11/2022Court1676506/10/21 $755.00 Smith Logan PO Box 1466 Belgrade MT 59714 1/20/2022 4/11/2022Court1677006/10/21 $65.00 Murdock Sarah 515 8th St W Hardin MT 59034 1/20/2022 4/11/2022Court1677906/10/21 $75.00 Peak Bozeman LLC 3482 Parkway Ave Bozeman MT 59718 1/20/2022 4/11/2022Court1678406/10/21 $1,000.00 Jarrott Jeffery Lynn No address provided ReturnedCourt1679106/11/21 $311.00 Williams CJ 221 Virginia Way Bozeman MT 59718 1/20/2022 4/11/2022 $19,288.74 Municipal Court Stale Checks 12 Memorandum REPORT TO:City Commission FROM:Danielle Garber, Planner II Brian Krueger, Development Review Manager Anna Bentley, Interim Community Development Director SUBJECT: Approve the Final Plat for the Northwest Crossing Phase 1 Subdivision and Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman; the Director of Community Development to Execute the Improvements Agreements on Behalf of the City of Bozeman, Application 21482 MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve the Final Plat for the Northwest Crossing Phase 1 Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman; the Director of Community Development to execute the improvements agreements on behalf of the City of Bozeman. Application 21482. 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: On February 2, 2021, the Bozeman City Commission conducted their review of the Preliminary Plat application for Northwest Crossing Subdivision, application no. 20113, and voted unanimously to approve the preliminary plat application. The City Commission approved the Findings of Fact and Order from from Preliminary Plat Application 20113 for Northwest Crossing Phase 1 Subdivision on March 2, 2021. The findings of fact from application 20113 is attached. 76-3-611(1), MCA, provides that the City Commission shall approve the plat only if: (a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and regulations adopted pursuant to 13 this chapter; and (b) the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. Attached is a memorandum from Danielle Garber, Associate Planner, stating the staff has concluded that all terms and conditions of the preliminary plat approval have been met. Improvements Agreements are required for final plat approval of this subdivision. The improvements agreements guarantee the installa@on of sidewalks fron@ng all lots, the installa@on of a public irriga@on well, and landscaping and irriga@on to public lands. All improvements agreements will be installed within twelve (12) months of the filing of the final plat. Due to the nature of the subdivision phasing and the involvement of third par@es with the comple@on of required improvements, upon the Subdivider’s transfer of ownership for certain lots listed in each improvements agreement, future owner’s will accept and assume all of the Subdivider’s obliga@ons under each improvements agreement. These agreements were draBed and reviewed by the Assistant City ACorney. There are two assignable en@@es aside from the Subdivider, which necessitated the need for three separate improvements agreements. All other necessary infrastructure improvements are constructed. UNRESOLVED ISSUES:One unresolved issue still remains pertaining to dedication of Wellspring Drive and Dayspring Avenue as required by the City Engineer. The applicant must revise Sheet 4 of the final plat to better indicate the exact locations of the easements for Wellspring Drive and Dayspring Avenue. This may be accomplished by indicating the offset distance between the easement boundaries and the adjacent lot boundaries. A corrected version of page 4 of the plat is included with this digital submittal, and these minor changes must be made to the mylars prior to signature by the Director of Public Works. ALTERNATIVES:None suggested or proposed. FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Attachments: 21482 Final Plat Transmittal Memo 21482 Northwest Crossing Subdivision Phase 1 Final Plat 20113 Signed Findings of Fact NW Crossing Phase 1 14 Report compiled on: June 17, 2022 15 MEMORANDUM ---------------------------------------------------------------------------------------------------------- TO: TIM COOPER, ASSISTANT CITY ATTORNEY MIKE MAAS, CITY CLERK FROM: DANIELLE GARBER, ASSOCIATE PLANNER RE: FINAL PLAT REVIEW FOR THE NORTHWEST CROSSING PHASE 1 SUBDIVISION FINAL PLAT, PLANNING FILE NO. 21482 DATE: JUNE 17, 2022 ---------------------------------------------------------------------------------------------------------- NWX, LLC (Applicant), made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Northwest Crossing Phase 1 Subdivision Final Plat to create fourteen (14) developable lots zoned REMU and B-2M, fifteen (15) restricted lots zoned REMU, three (3) city park lots, and all associated easements and rights of way. Attached is a copy of the Findings of Fact and Order from Preliminary Plat Application, number 20113 for Northwest Crossing Phase 1 Subdivision. The Commission approved the preliminary plat for the subdivision 4-0 on February 2, 2021. The Commission approved the Findings of Fact and Order on March 2, 2021. Major multi-phased subdivision approvals are valid for three years plus extensions. Three Improvements Agreement are required for this subdivision for the following improvements: Sidewalks, Landscaping & Irrigation of Public Lands, and the creation and transfer to the City of Irrigation Well #5 within park parcel 3. Based on the summary review provided below, the City Engineering Department and Department of Community Development have reviewed the application against the conditions of preliminary plat approval; and as a result, find that the Final Plat application may be approved by the City Commission. The documents listed below are attached for your review. One unresolved issue still remains pertaining to dedication of Wellspring Drive and Dayspring Avenue as required by the City Engineer. The applicant must revise Sheet 4 of the final plat to better indicate the exact locations of the easements for Wellspring Drive and Dayspring Avenue. This may be accomplished by indicating the offset distance between the easement boundaries and the adjacent lot boundaries. Minor revisions to page 4 of the plat must be made prior to the City providing a Public Works signature on the mylars and will not affect City Commission review of the plat and associated documents. The Community Development staff respectfully requests that you prepare City Attorney's Certificates using the attached original Platting Certificates as updated; approve the Certificates of Director of Public Works and Certificate of Completion "as to form". The 16 Page 2 of 3 final City signatures will be obtained once the City Commission has approved the final plats and the unresolved issue listed above is resolved. A completed application was submitted to the Community Development Department on June 13, 2022, it was deemed adequate on June 13, 2022. The final plat review must complete review within a 45-day (working days) review period. The review period begins once the signed mylars are received. The conditions of preliminary plat approval, which are pertinent to this subdivision and how they have been met, are described in the submittal materials and briefly below: A larger temporary stormwater pond within the Park 2 parcel was constructed by the applicant than was previously reviewed by the preliminary plat application. In order to satisfy condition of approval 24, the applicant has provided a deed restriction requiring the pond to be reduced in size or removed with alternate stormwater facilities provided to Phase 1. This deed restriction is tied to Restricted Lots 6, 8, 9, and 10, as well as Lots 2-5 in Phase 1. Due to the nature of the subdivision phasing and the involvement of third parties with the completion of required improvements, upon the Subdivider’s transfer of ownership for certain lots listed in each improvements agreement, future owner’s will accept and assume all of the Subdivider’s obligations under each improvements agreement. These agreements were drafted and reviewed by an Assistant City Attorney. There are two assignable entities aside from the Subdivider, which necessitated the need for three separate improvements agreements. Note: The Community Development Department and Engineering Department have also reviewed the final plat application against the preliminary plat cited code provisions and found compliance with these code requirements. The Engineering Department has also reviewed and approved the “closure” of the final plat. The project is scheduled for consideration by the City Commission on June 28, 2022. Materials for the agenda will be uploaded today (June 16, 2022), and be finalized no later than Tuesday June 21, 2022. Please let me know if this will not work. Attachments: Three (3) Mylar Final Plats Subdivision guarantee Improvements Agreements (original signed) as listed below: Agreement with NWX, LLC for sidewalks, and landscaping & irrigation as described in the attached estimates. (Letter of Credit) Agreement with NWX, LLC and Williams Communities, LLC for sidewalks. (Cash Guarantee) Agreement with NWX, LLC and Blackridge also known as NWX Apartments, LLC (Cash Guarantee) Easements (original signed) as listed below: 60’ wide Public Street and Utility Easement (future Abigail Lane) Baxter Lane to West Oak Street 17 Page 3 of 3 60’ wide Public Street and Utility Easement (future Touchstone Lane) Laurel Parkway to Cottonwood Road 60’ wide Public Street and Utility Easement (future Harvest Parkway) Laurel Parkway to Rosa Way 60’ wide Public Street and Utility Easement (future Rosa Way) Baxter Lane to Harvest Parkway 60’ wide Public Street and Utility Easement (future Twin Lakes Avenue) Baxter Lane to Harvest Parkway Drainage Easement permanent stormwater pond in park parcel 3 Drainage Easement temporary stormwater pond in park parcel 2 Deed Restriction related to the temporary stormwater pond in park parcel 2 Warranty Deed Parks 1-3 Quitclaim Deed Irrigation Well #6 to POA Water Adequacy Agreement Northwest Crossing Subdivision Phase 1 Master Covenants (original signed) – Lots 1-14 Northwest Crossing Subdivision Master Covenants (original signed) – Restricted Lots Easements (copies) as listed below: 2329665 – Pipeline Easement with Northwestern Energy 2646562 – Public Street & Utility Easement & Fill Slope Easement 2649280 – Public Street and Utility Easement 2649281 – Utility Easement Findings of Fact cc: File 18 COPYRIGHT MORRISON-MAIERLE, INC.,2022 PLOTTED DATE: Jun/01/2022 PLOTTED BY: jon c. wilkinson DRAWING NAME: N:\5659\005 NWX Phase 1 Major Sub\ACAD\Survey\FPLAT\5659005_NWX-PH1_FPLAT PLOT.dwg 1/4 SEC. SECTION TOWNSHIP RANGE PROJ. #: SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: HQJLQHHUVVXUYH\RUVSODQQHUVVFLHQWLVWV 0RUULVRQ0DLHUOH 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 51 NWX, LLC Gallatin 5659.005 NO SCALE 6/1/2022 MEE CJF MMI 5E 2S 04 NE I, Jon C. Wilkinson, Montana Professional Land Surveyor License No. 16411LS, hereby certify that the Final Plat of Northwest Crossing Subdivision Phase 1 was surveyed under my supervision between July 2021 and December 2021, and platted the same as shown on the accompanying plat and as described in accordance with the provisions of the Montana Subdivision and Platting Act, §76-3-101 through §76-3-625, M.C.A., and the Bozeman Unified Development Ordinance. I further certify that monuments which have not been set by the filing date of this instrument will be set by May 1, 2022, due to public improvements construction pursuant to 24.183.1101(1)(d) A.R.M. Dated this___________day of_________________, 2022. ________________________________________________________ Jon C. Wilkinson, PLS, CFedS MT Reg. #16411LS Morrison-Maierle, Inc. CERTIFICATE OF SURVEYOR I, Eric Semerad, Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrument was filed in my office at _______ o'clock, __________(a.m., or p.m.), this _________ day of ______________, 2022, and recorded in Book ______ of Plats on page __________, and Document # ____________________, Records of the Clerk and Recorder, Gallatin County, Montana. Dated this __________ day of ____________________, 2022. ________________________________________ Eric Semerad Clerk and Recorder Gallatin County, Montana CERTIFICATE OF CLERK AND RECORDER I, Jennifer Blossom, Treasurer of Gallatin County, Montana, do hereby certify that the accompanying plat has been duly examined and that all real property taxes and special assessments assessed and levied on the land to being divided have been paid. Dated this __________ day of ____________________, 2022. ________________________________________ Jennifer Blossom Treasurer Gallatin County, Montana _________________________________________ Tax ID No. _________________________________________ Tax ID No. CERTIFICATE OF COUNTY TREASURER I, ________________, Director of Public Works, City of Bozeman, Montana, do hereby accept the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use. Dated this __________ day of ____________________, 2022. ________________________________________ Director of Public Works City of Bozeman, Montana Northwest Crossing Subdivision, Gallatin County, Montana, is within the City of Bozeman, Montana, a first class municipality, and with the planning area of the Bozeman growth policy which was adopted pursuant to Section 76-1-601 et seq., MCA, and can be provided with adequate storm water drainage and adequate municipal facilities. Therefore under the provisions of Section 76-4-125(1)(d), MCA, this survey is excluded from the requirement for Montana Department of Environmental Quality review. Dated this ________________________ day of _______________________________, 2022. ________________________________ Director of Public Works City of Bozeman, Montana CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW CERTIFICATE OF ACCEPTANCE OF DEDICATIONS NWX, LLC By: ________________________________________________________________________________ _____________________, Authorized Representative Dated State of ____________________________________ County of ___________________________________ On this _______ day of __________________, 2022, before me, the undersigned Notary Public for the State of _____________________ personally appeared __________________, known to me to be the Authorized Representative of ___________________ and acknowledged to me that said _____________________ executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ CERTIFICATE OF DEDICATION CERTIFICATE OF COMPLETION OF IMPROVEMENTS I, __________________ and I, ________________________, a Registered Professional Engineer licensed to practice in the State of Montana, hereby certify that the following improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code or as Conditions of Approval of the Final Plat of The Northwest Crossing Subdivision have been installed in conformance with the approved plans and specifications, or financially guaranteed and covered by the improvements agreement accompanying this plat. Installed Improvements: 1. Street Improvements 2. Sewer and Water Improvements 3. Storm Water Improvements 4. Roadway Lighting Improvements Financially Guaranteed Improvements: 1. Landscaping & Irrigation for north side of West Oak Street Blvd (Twin Lakes to Cottonwood Rd) 2. Landscaping & Irrigation for north side of West Oak Street Blvd (Rosa Way to Twin Lakes Ave) 3. Landscaping & Irrigation for west side of Cottonwood Rd Blvd (West Oak St to Harvest Pkway) 3. Landscaping & Irrigation for west side of Rosa Way Blvd (West Oak St to Harvest Pkway) 4. Irrigation for West Oak St medians 5. Sidewalks The subdivider hereby warrants against defects in these improvements for a period of two years from the date of acceptance by the City of Bozeman. The subdivider grants possession of all public infrastructure improvements to the City of Bozeman and the City hereby accepts possession of all public infrastructure improvements, subject to the above indicated warranty. ____________________________ ____________________________ _______________ Authorized Representative Dated NWX, LLC ____________________________ ____________________________ Matt E. Ekstrom, PE Dated MT Reg. No. 10853PE Morrison Maierle, Inc. _______________________________________ ____________________________ Director of Public Works City of Bozeman, Montana All streets, alleys, and right-of-way, shown hereon as "DEDICATED", are not easements. The intent of dedication is to convey all the streets, alleys, and right-of-way to the public, upon acceptance by the governing authority, DEDICATION AND EASEMENT NOTE BASIS OF BEARING Bobcat Coordinate System, NAD83(2011) per the "Rocky Mountain Tribal Coordinate Reference System" Handbook and User Guide, Published September 30th, 2014 and subsequent revisions, established by observations with survey-grade GNSS receivers. TRACT 5 OF THE CERTIFICATE OF SURVEY No. 2552, SITUATED IN THE NE1/4 OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. FINAL PLAT OWNER NWX, LLC 1735 SOUTH 19TH AVE. BOZEMAN, MT 59718 ZONING CITY OF BOZEMAN - B-2M & REMU NORTHWEST CROSSING SUBDIVISION - PHASE 1 PURPOSE TO CREATE 14 B2M / REMU LOTS, 15 RESTRICTED LOTS, AND CREATE PUBLIC EASEMENTS FOR INGRESS, EGRESS AND UTILITIES. We, the undersigned mortgagees or encumbrancers do hereby join in and consent to the described plat, releasing our respective liens, claims, or encumbrances as to any portion of said lands now being platted into streets, avenues, parcels or other public areas which are dedicated to Gallatin County for the public use and enjoyment. CONSENT OF MORTGAGEE Dated this _________________________ day of _________________________, 20___. ____________________________________________________________________________ Opportunity Bank of Montana By: __________________________ Authorized Signatory STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) This instrument was acknowledged before me on __________________, 20___, the undersigned Notary Public, personally appeared _____________________, known to me to be Authorized Signatory of Opportunity Bank of Montana who signed the foregoing instrument and acknowledged to me that Opportunity Bank of Montana executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above written. ________________________________[signature] Notary Public for the State of Montana ( S E A L ) ________________________________ [printed name] Residing at:________________, ___________ (City) (State) My commission expires:____________, 20___ SCALE: 1" = 2000' VICINITY MAP PROJECT AREA BAXTER LANE I-9 0 WEST OAK ST.LAUREL PARKWAYCOTTONWOOD RD.We, the undersigned property owners, do hereby certify that we have caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown by the plat hereunto included the following described tract of land to wit: Northwest Crossing Subdivision - Phase 1, being the NE ¼ of Section 4 also known as Tract 5 of Certificate of Survey No. 2552; situated in the NE ¼ of Section 4, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, more particularly described as follows: Beginning at the Northeast Corner of Section 4 as described in Certified Corner Record Book 2, Page 261 doc. # 154636 and Book 4, Page 276 doc. # 2412303, also being the Southeast Corner of Tract 1 of Certificate of Survey No. 2553, the Point of Beginning; thence S.0°59'41”W. along the line between Section 4 and Section 3 a distance of 2627.49 feet to the East ¼ Corner of Section 4 as described in Certified Corner Record Book 2, Page 251 doc. # 153209; thence S.89°30'03”W. along the mid-section line of Section 4 a distance of 2649.87 feet to the Center ¼ Corner of Section 4 as described in Certified Corner Record Book 2, Page 1427 doc. # 336115, also being the Southeast Corner of Tract 4 of Certificate of Survey No. 2552; thence N.0°25'52”E. along the east line of said Tract 4 of Certificate of Survey No. 2552 a distance of 2625.17 feet to the North ¼ Corner of Section 4 as described in Certified Corner Record Book 3, Page 922 doc. # 2294184 also being the Southwest Corner of Tract 1 of Certificate of Survey No. 2553; thence N.89°27'46”E along the south line of said Tract 1 of Certificate of Survey No. 2553 a distance of 2675.75 feet to the Point of Beginning. The area of the above described parcel of land is 160.51 acres, more or less. The above-described tract of land is to be known and designated as “Northwest Crossing Subdivision - Phase 1”, City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, and parks or public lands shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public are accepted for public use, but the City of Bozeman accepts no responsibility for maintaining the same. The owner agrees that the City of Bozeman has no obligation to maintain the lands included in all streets, avenues, alleys, and parks or public lands, hereby dedicated to public use. The lands included in all streets, avenues, alleys, and parks or public lands dedicated to public for which the City of Bozeman accepts responsibility for maintenance are Harvest Parkway, Rosa Way, and Twin Lakes Avenue. The undersigned hereby grants unto each and every person firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "Public Utility Easement" to have and to hold forever. NOTICE IS HEREBY GIVEN to all potential purchasers of Restricted Lots 1 - 15, of the Northwest Crossing Subdivision, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.270 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. THREREFORE, BE ADVISED, that Building Permits will not be issued for Restricted Lots 1 - 15, of the Northwest Crossing Subdivision , City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman. NOTES ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITY EASEMENTS (EXCEPT THE RESTRICTED LOTS): - 10' ALONG PUBLIC RIGHTS-OF-WAY - 10' ALONG SIDE LOT LINES - 10' ALONG REAR LOT LINES PUBLIC UTILITY EASEMENTS (P.U.E.) I, ________________, Director of Community Development, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law and approves it. Dated this __________ day of ____________________, 2022. ________________________________________ Director of Community Development CERTIFICATE OF GOVERNING BODY APPROVING PLAT CERTIFICATE OF COMPLETION OF NON-PUBLIC IMPROVEMENTS I, __________________, hereby certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code or as conditions of approval of the Final Plat of The Northwest Crossing Subdivision have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: NONE Financially Guaranteed Improvements: NONE I,________________, hereby warrant said improvements against any and all defects for a period of two years from the date of acceptance by _______________________ property owners association. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. The subdivider hereby grants ownership of all non-public infrastructure improvements to the ____________________ property owners association created by document number _______________. _________________ ____________________________ ___________ Authorized Representative Dated NWX, LLC LOTS - 28.40 ACRES PARK - 16.54 ACRES RESTRICTED LOTS - 95.95 ACRES RIGHT-OF-WAY - 5.33 ACRES TOTAL - 146.22 ACRES AREA SUMMARY 19 PLI Z ONI NG BOZE M A N COM M U NI T Y PLAN FUTU R E LAN D USE: PRES E N T RU R A L BOZE M A N COM M U N I T Y P L A N FUTU R E L A N D USE: RESI E N T I A L RO Z O N I N G BOZE M A N COM M U N I T Y P L A N FUTU R E LAND U S E: RESI E N T I A L FLAN D E R S CREE K SUB DI VI S I ON TRA DI TI O N S SUBDI VI SION P H A S E 3 BOZE M A N COM M U NI T Y P L A N FUTU R E LAN D U S E: RESI E N T I A L R4 ZONI N G BOZE M A N COM M U N I T Y PLAN FUTU R E LAND USE: RESI E N T I A L R3 ZONI N G LAUR E L GLEN SUB D I VISI ON P H A S E 2 CREE K S T O N E C O N D O BOZE M A N COM M U NI T Y PLAN FUTU R E LAN D USE: RESI E N T I AL R2 ZONI N G MINO R SUBDI VI SI O N 201A BOZ E M A N COM M U NI T Y P L A N FUTU R E L A N D U S E : RESIE N TI A L R4 ZONI N G MI NOR SUBDI VI S I O N 201A LAUR E L G L E N SUB D I V I SI O N P H A S E 2 BOZE M A N COM M U NI T Y P L A N FUT URE L A N D USE: PRES E N T RURA L PLI Z O NI N G BOZE M A N COM M U NI T Y P L A N FUTU R E LAN D USE: RESI E N TI A L TRAC T 4 COS 2 5 5 2 TRAC T 4 COS 2 5 5 2 CITY O F BOZE M A N FERN & VEST A ANDE R S O N RESTRICTED LOT 7 11.17 acs. LOT 13 7.10 acs. RESTRICTED LOT 8 2.31 acs. RESTRICTED LOT 13 9.07 acs. RESTRICTED LOT 6 2.15 acs. RESTRICTED LOT 10 1.94 acs. LOT 3 1.21 acs. RESTRICTED LOT 14 6.92 acs. RESTRICTED LOT 12 5.70 acs. RESTRICTED LOT 11 5.01 acs. RESTRICTED LOT 9 2.29 acs. LOT 10 1.09 acs. LOT 12 1.40 acs. LOT 9 0.81 acs. LOT 5 1.25 acs. LOT 8 0.57 acs. LOT 14 5.26 acs. LOT 6 2.46 acs. LOT 7 1.48 acs. LOT 1 2.62 acs. LOT 11 0.78 acs. LOT 2 0.75 acs. LOT 4 1.62 acs. PARK 2 5.28 acs. RESTRICTED LOT 2 8.78 acs. RESTRICTED LOT 4 8.73 acs. RESTRICTED LOT 1 11.67 acs. RESTRICTED LOT 3 12.29 acs. PARK 1 4.33 acs. RESTRICTED LOT 5 2.51 acs. N89°27'46"E 2675.75'S0°59'41"W 2627.49'S89°30'03"W 2649.87'N0°25'52"E 2625.17'RESTRICTED LOT 15 5.41 acs. PARK 3 6.93 acs. COPYRIGHT MORRISON-MAIERLE, INC.,2022 PLOTTED DATE: Jun/06/2022 PLOTTED BY: jon c. wilkinson DRAWING NAME: N:\5659\005 NWX Phase 1 Major Sub\ACAD\Survey\FPLAT\5659005_NWX-PH1_FPLAT PLOT.dwg 1/4 SEC. SECTION TOWNSHIP RANGE PROJ. #: SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: HQJLQHHUVVXUYH\RUVSODQQHUVVFLHQWLVWV 0RUULVRQ0DLHUOH 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 52 NWX, LLC GALLATIN 5659.005 1:150 6/1/2022 MEE CJF MMI 5E 2S 04 NE TRACT 5 OF THE CERTIFICATE OF SURVEY No. 2552, SITUATED IN THE NE1/4 OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. FINAL PLAT NORTHWEST CROSSING SUBDIVISION - PHASE 1 SEE SHEET 3 FOR PARCEL BEARING / DISTANCE INFORMATION. SEE SHEET 4 FOR PARCEL BEARING / DISTANCE INFORMATION. HARVEST PARKWAY (71')COTTONWOOD ROAD (120')WEST OAK STREET (125') BAXTER LANE 100')LAUREL PARKWAY (90')TWIN LAKES AVENUE (66')ROSA WAY (60')ZONING CITY OF BOZEMAN - B-2 & REMU PURPOSE TO CREATE 14 B2M / REMU LOTS, 15 RESTRICTED LOTS, AND CREATE PUBLIC EASEMENTS FOR INGRESS, EGRESS AND UTILITIES. BAXTER DITCH BAXTER CREEK DELINEATED WETLAND BOUNDARY ZONE 1 WATERCOURSE SETBACK ZONE 2 WATERCOURSE SETBACK DELINEATED WETLAND BOUNDARY ZONE 1 WATERCOURSE SETBACK ZONE 2 WATERCOURSE SETBACK WELLSP R I N G D R I V E DAYSPRING AVENUEOWNER NWX, LLC 1735 SOUTH 19TH AVE. BOZEMAN, MT 59718 BASIS OF BEARING Bobcat Coordinate System, NAD83(2011) per the "Rocky Mountain Tribal Coordinate Reference System" Handbook and User Guide, Published September 30th, 2014 and subsequent revisions, established by observations with survey-grade GNSS receivers. (R1) (R1)(R1)(R1)LOTS - 28.40 ACRES PARK - 16.54 ACRES RESTRICTED LOTS - 95.95 ACRES RIGHT-OF-WAY - 5.33 ACRES TOTAL - 146.22 ACRES AREA SUMMARY ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITY EASEMENTS (EXCEPT THE RESTRICTED LOTS): - 10' ALONG PUBLIC RIGHTS-OF-WAY - 10' ALONG SIDE LOT LINES - 10' ALONG REAR LOT LINES PUBLIC UTILITY EASEMENTS (P.U.E.) LEGEND Found 2" diameter AC per C.C.R. Book 4, Page 276. Document No. 2412303 Monument destroyed from new road construction. Reset 2 1/2" diameter A.C. "MMI 16411LS" Set a rebar 5/8" diam., with an orange plastic cap, "MMI 16411LS". Found 2" diam. AC "9518 ES" per C.C.R. Book 2 Page 1427. Document # 336115 Found 5 8" diam. rebar per C.C.R. Book 2, Page 251. Document No. 153209. Monument destroyed from new road construction. Reset 2 1/2" diameter A.C. "MMI 16411LS" Found 2 diameter MDT A.C. per C.C.R. Book 3, Page 922. Document No. 2294184 (R1) Certificate of Survey No. 2552 Calculated point - Not Set 20 RESTRICTED LOT 7 11.17 acs. RESTRICTED LOT 8 2.31 acs. RESTRICTED LOT 13 9.07 acs. RESTRICTED LOT 6 2.15 acs. RESTRICTED LOT 10 1.94 acs. S89°30'03"W 1310.89' RESTRICTED LOT 14 6.92 acs. RESTRICTED LOT 12 5.70 acs. RESTRICTED LOT 11 5.01 acs. RESTRICTED LOT 9 2.29 acs.S21°21'12"W83.84'S3°11'13"W93.77'S58°1 5 '0 8"W148.24'C15L3S48°1 8 '47"W 130.80'L2L1 C14 S4 2°26'02"W 90.22'C13S6°08'12"E157.73'S79°02'27"W155.49' L18 L 1 7 L1 6 L1 5 L14 L13L12N4°08'59"E98.33'L11 L10 N67°0 7'22"E 1 09 .13' S 4 7 ° 3 3 ' 5 8 "E 10 1 . 0 6 'S0°16'40"E68.19'S1°43'53"W221.34'N88°26'15"W 99.78'C12L39L4 0N13°53'53"W106.36'L9L8L7L6L5L4 278.49' S31°06'03"W68.85'L67 L41L43L44 L42L45L46 L47S88°05'25"W 120.00' S78°41'34"W227.20'N11°23'06"W309.63'C9N28°02 '50 "W286.66'C8N6°07'32"W 101.87'S78°41'34 "W259.71' S78°41 '34"W440.85'N5°38'19"W189.00'C7L 2 5L24L23L2 2L21L20L19 S78°41'34"W117.78' C6S89°30'02"W 167.97'S3°45'48"E558.76'S3°45'48"E 190.82' C5S0°29'58"E94.05'C 4 L31L30L29 L28S74°07'45"W 106.89'C3S89°27'38"W 164.86' C2 S78°41'34"W260.91' C1S86°19'35"W 105.29'C39C38N0°25'52"E 2625.17'N89°27'46"E 2675.75' S50°28'23"E 316.57' S74°53'10"E 339.78' 700.76'346.50' 31.90'S0°25'52"W 2446.52' N11°23'09"W369.97'N0°30'35"W440.63'517.83'1104.66'824.03'N0°30'35"W441.03' S33°39'13"W 19.81' S89°27'45"W 188.95'N11°23'09"W 419.57'PARK 2 5.28 acs. RESTRICTED LOT 4 8.73 acs. N89°27'45" 554.50'N0°00'00"E281.28'N11°23'09"W154.38'C6260.00' 35.50'C58N0°00'00"E 412.50' 198.41' 260.00'385.02'N89°27'46"E 2231.85' PARK 1 4.33 acs. RESTRICTED LOT 5 2.51 acs. N90°00'00"E 66.09' L=147.28, R=770.00 Δ=10°57'33" N79°02'27"E 38.62' 10.57'N0°00'00"E 408.75' N9°01'50"W 30.02' RESTRICTED LOT 15 5.41 acs. PARK 3 6.93 acs. 263.62' N0°29'58"W 175.74' S89°30'02"W 92.85' N47°02'36"W 9.84'N0°30'04"W199.93'N4°52'57"E 11.55'S37°15'06"E 34.15' S55°49'35"W 32.31'N0°29'58"W117.44'N11°20'10"W341.72'N27°55 '30 "W101.08 'N28°26 '25"W 12 6.7 1 'N6°07'56"W162.21'N1°03'28"W 113.89'N14°06'01"W 37.96'N6°07'56"W69.19' N13°58'38"W79.08'N13°19'15"W 36.38' N35°34'05"W 38.93' N7°34'27"W 37.97'N11°20'10"W 151.00' 401.78'142.63' PARCEL CURVE DATA SEGMENT C1 C2 C3 C4 C5 C6 C7 C8 C9 C12 C13 C14 C15 LENGTH 58.65 28.29 61.70 41.31 33.24 37.73 336.98 76.50 58.16 115.99 169.53 59.77 182.02 RADIUS 353.81 161.14 232.31 100.00 600.00 200.00 370.00 200.00 200.00 180.00 200.00 100.00 151.30 DELTA 009°29'49" 010°03'31" 015°13'03" 023°40'09" 003°10'28" 010°48'29" 052°10'59" 021°54'54" 016°39'44" 036°55'15" 048°33'59" 034°14'43" 068°55'32" PARCEL LINE DATA SEGMENT L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L28 L29 L30 L31 L39 L40 L41 L42 L43 L44 L45 L46 L47 L67 LENGTH 36.46 29.00 36.38 20.95 24.86 22.09 62.77 39.81 57.81 76.78 52.92 56.89 49.53 77.84 56.81 87.20 50.39 38.78 16.02 63.35 62.90 54.20 57.51 78.37 57.29 59.80 47.48 51.65 66.00 25.99 30.00 46.14 59.77 13.60 32.22 45.01 34.07 85.16 52.76 DIRECTION N88° 41' 19"W S16° 35' 56"W S32° 07' 28"E N30° 57' 07"E N1° 33' 40"W N18° 25' 46"E N22° 55' 30"E N22° 20' 31"W N5° 47' 41"E N71° 08' 57"E N74° 01' 39"E N32° 13' 45"E N13° 55' 20"E N52° 31' 28"E N61° 24' 59"W N52° 02' 42"W N45° 50' 31"W N10° 33' 12"W N10° 33' 12"W N18° 33' 11"E N12° 07' 52"E N35° 11' 38"W N33° 21' 40"W N5° 58' 11"E N43° 32' 54"W S17° 26' 38"E S25° 32' 37"E S15° 37' 24"E S17° 51' 17"W S42° 26' 02"W N47° 33' 58"W S22° 03' 59"W S4° 02' 53"E S9° 06' 05"E S4° 47' 23"W S3° 20' 12"E S3° 39' 52"E S9° 01' 50"E S41° 43' 00"W COPYRIGHT MORRISON-MAIERLE, INC.,2022 PLOTTED DATE: Jun/06/2022 PLOTTED BY: jon c. wilkinson DRAWING NAME: N:\5659\005 NWX Phase 1 Major Sub\ACAD\Survey\FPLAT\5659005_NWX-PH1_FPLAT PLOT.dwg 1/4 SEC. SECTION TOWNSHIP RANGE PROJ. #: SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: HQJLQHHUVVXUYH\RUVSODQQHUVVFLHQWLVWV 0RUULVRQ0DLHUOH 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 53 NWX, LLC GALLATIN 5659.005 1:100 6/1/2022 MEE CJF MMI 5E 2S 04 NE TRACT 5 OF THE CERTIFICATE OF SURVEY No. 2552, SITUATED IN THE NE1/4 OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. FINAL PLAT NORTHWEST CROSSING SUBDIVISION - PHASE 1 WEST OAK STREET (125') BAXTER LANE 100') LAUREL PARKWAY (90')45.0' PUBLIC STREET AND UTILITY EASEMENT DOC. 2649280 62.5' PUBLIC STREET AND UTILITY EASEMENT DOC. 2649280 50.0' PUBLIC STREET AND UTILITY EASEMENT DOC. 2649280 ZONING CITY OF BOZEMAN - B-2 & REMU PURPOSE TO CREATE 14 B2M / REMU LOTS, 15 RESTRICTED LOTS, AND CREATE PUBLIC EASEMENTS FOR INGRESS, EGRESS AND UTILITIES. 10.0' PUBLIC UTILITY EASEMENT DOC. 2649281 10.0' PUBLIC UTILITY EASEMENT DOC. 2649281 10.0' PUBLIC UTILITY EASEMENT DOC. 2649281 BAXTER CREEK DELINEATED WETLAND BOUNDARY ZONE 1 WATERCOURSE SETBACK ZONE 2 WATERCOURSE SETBACK ZONE 1 WATERCOURSE SETBACK ZONE 2 WATERCOURSE SETBACK BAXTER DITCH DELINEATED WETLAND BOUNDARY NOTE: 1. LOT DEVELOPMENT IS SUBJECT TO FURTHER SUBDIVISION REVIEW. (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1)(SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) 14 SECTION CORNER. SEE C.C.R. DOC.# 2294184 OWNER NWX, LLC 1735 SOUTH 19TH AVE. BOZEMAN, MT 59718 C14 SECTION CORNER. SEE C.C.R. DOC.# 336115 BASIS OF BEARING Bobcat Coordinate System, NAD83(2011) per the "Rocky Mountain Tribal Coordinate Reference System" Handbook and User Guide, Published September 30th, 2014 and subsequent revisions, established by observations with survey-grade GNSS receivers. ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITY EASEMENTS (EXCEPT THE RESTRICTED LOTS): - 10' ALONG PUBLIC RIGHTS-OF-WAY - 10' ALONG SIDE LOT LINES - 10' ALONG REAR LOT LINES PUBLIC UTILITY EASEMENTS (P.U.E.) 60.0' PUBLIC STREET AND UTILITY EASEMENT DOC. _________________ 66.0' PUBLIC STREET AND UTILITY EASEMENT DOC. _________________ LOTS - 28.40 ACRES PARK - 16.54 ACRES RESTRICTED LOTS - 95.95 ACRES RIGHT-OF-WAY - 5.33 ACRES TOTAL - 146.22 ACRES AREA SUMMARY LEGEND Found 2" diameter AC per C.C.R. Book 4, Page 276. Document No. 2412303 Monument destroyed from new road construction. Reset 2 1/2" diameter A.C. "MMI 16411LS" Set a rebar 5/8" diam., with an orange plastic cap, "MMI 16411LS". Found 2" diam. AC "9518 ES" per C.C.R. Book 2 Page 1427. Document # 336115 Found 58" diam. rebar per C.C.R. Book 2, Page 251. Document No. 153209. Monument destroyed from new road construction. Reset 2 1/2" diameter A.C. "MMI 16411LS" Found 2 diameter MDT A.C. per C.C.R. Book 3, Page 922. Document No. 2294184 (R1) Certificate of Survey No. 2552 STORMWATER EASEMENT DOC.________________ STORMWATER EASEMENT DOC.________________ Calculated point - Not Set 10' GROUNDWATER DRAIN EASEMENT 10' GROUNDWATER DRAIN EASEMENT ROSA WAY (60')60.0' PUBLIC STREET AND UTILITY EASEMENT DOC. _________________ 21 LOT 13 7.10 acs. S89°30'03"W 1310.89'S89°30'03"W 1042.64' LOT 3 1.21 acs.N0°59'41"E 1144.41'LOT 10 1.09 acs. LOT 9 0.81 acs.S31°06'03"W68.85'L67L41L43L44 L42L45L46L47C37 S78°41'34"W 227.20' S78°41'34" W 259.71'L31L30L29 L28S74°07'45"W 106.89'C3S89°27'38"W 164.86' LOT 5 1.25 acs. LOT 8 0.57 acs.C44C45 L60 L61 C47 C48C54 C53 L65C49C50C51 LOT 6 2.46 acs. LOT 7 1.48 acs. LOT 1 2.62 acs. N89°27'46"E 2675.75'S0°59'41"W 2627.49'LOT 11 0.78 acs. LOT 2 0.75 acs. LOT 4 1.62 acs. S16°02'20"E 15.42' S50°28'23"E 400.00' S50°28'23"E 316.57' S74°53'10"E 339.78'86.47'177.25'66.00'145.73'265.14'219.94'4.41' 1069.14'31.90'1361.76' 60.00'213.96'222.53'39.78'80.41' 19.91' S78°41'34"W 104.53' S88°31'14"W 513.51'N11°23'09"W369.97'S0°02'56"W515.88'N89°27'46"E 181.76' N90°00'00"W 256.26'202.53'148.06'N0°00'00"E228.57'N0°00'00"E179.96'N90°00'00"E 160.03' N88°31'14"E 110.22' N90°00'00"W 160.07'239.13'N71°21' 0 8 " E 155.10' N18°58'23"W 77.06'S16°28'13"E461.51'N0°59'08"E104.41'S89°57'07"E 149.49' S89°57'07"E 264.93' N88°59'57"W 93.53' N90°00'00"W 180.20'S0°00'00"E134.38'N15°26'36"W164.99'N90°00'00"W 226.13' N89°27'46"E 188.44'S0°32'15"E133.91'N16°28'08"W322.99'N24°37'33"E 44.59'N0°32'14"W115.05'N0°30'35"W441.03'21.00' 20.00' 1.89' S89°27'45"W 188.95' N89°27'46"E 661.96' N78°41'34"E 547.89'N11°23'09"W419.57'PARK 2 5.28 acs. RESTRICTED LOT 2 8.78 acs. RESTRICTED LOT 4 8.73 acs. RESTRICTED LOT 1 11.67 acs. RESTRICTED LOT 3 12.29 acs.S0°32'14"E690.00'N89°27'45"E 823.76'N89°27'45"E 554.50'N0°00'00"E281.28'N11°23'09"W154.38'S16°12'27"E66.15'C59S0°32'14"E531.43'C61C60C62118.01'N67°07' 2 5 " E 1 7 1 . 5 3'71.02'3.10' 505.77'60.00' 35.50'C58N0°00'00"E 412.50'385.02'548.03'561.90' PARK 1 4.33 acs. RESTRICTED LOT 5 2.51 acs. N90°00'00"E 66.09' L=147.28, R=770.00 Δ=10°57'33" N79°02'27"E 38.62' 10.57'N0°00'00"E408.75'N9°01'50"W 30.02' PARK 3 6.93 acs. 263.62'N0°29'58"W175.74'S89°30'02"W 92.85' N47°02'36"W 9.84'N0°30'04"W199.93'N4°52'57"E 11.55'S37°15'06"E 34.15' S55°49'35"W 32.31'N0°29'58"W117.44'N11°20'10"W341.72'N27°55 '30 "W101.08 'N28°26 '25 "W126.71 ' N13°19'15"W 36.38' N35°34'05"W 38.93' N7°34'27"W 37.97'N11°20'10"W151.00'401.78'142.63'N89°44'34"E 215.70'S1°16'44"E83.10'N24°37'33"E 12.42'C64C74C65C63S0°30'35"E440.63'S33°39'13"W 19.81' S78°41'34"W 447.36'N16°28'13"W467.48'C66C67C68C69S0°02'56"W160.11'L68L69L70S0°02'56"W284.14'C73C72C71C70L72 L71 N89°27'46"E 239.86' S89°57'07"E 413.67' N0°59'08"E 46.01' 35.00' 35.00' PARCEL LINE DATA SEGMENT L41 L42 L43 L44 L45 L46 L47 L60 L61 L65 L67 L68 L69 L70 L71 L72 LENGTH 46.14 59.77 13.60 32.22 45.01 34.07 85.16 219.94 64.68 35.00 52.76 25.00 25.00 21.00 25.00 25.00 DIRECTION S22° 03' 59"W S4° 02' 53"E S9° 06' 05"E S4° 47' 23"W S3° 20' 12"E S3° 39' 52"E S9° 01' 50"E S0° 59' 08"W S78° 41' 34"W S14° 26' 58"E S41° 43' 00"W S0° 02' 53"W S0° 02' 53"W S0° 02' 59"W N89° 27' 46"E N89° 27' 46"E PARCEL CURVE DATA SEGMENT C37 C44 C45 C47 C48 C49 C50 C51 C53 C54 C58 C59 C60 C61 C62 C63 C64 C65 C66 C67 C68 C69 C70 C71 C72 C73 C74 LENGTH 34.87 142.71 90.93 21.52 23.62 42.63 179.64 92.16 38.15 22.94 164.94 41.71 495.61 607.68 197.66 132.42 16.54 30.19 22.41 30.55 30.26 65.85 34.77 35.53 35.22 62.57 30.31 RADIUS 185.50 388.91 380.00 114.50 685.00 685.00 685.00 380.00 380.00 380.00 830.00 150.00 7929.59 7929.59 970.00 1030.00 1030.00 1030.00 517.00 517.00 517.00 517.00 583.00 583.00 583.00 583.00 1030.00 DELTA 010°46'12" 021°01'30" 013°42'35" 010°46'12" 001°58'33" 003°33'55" 015°01'33" 013°53'45" 005°45'10" 003°27'31" 011°23'09" 015°55'58" 003°34'52" 004°23'27" 011°40'32" 007°21'59" 000°55'12" 001°40'46" 002°29'00" 003°23'07" 003°21'13" 007°17'51" 003°25'02" 003°29'29" 003°27'41" 006°08'57" 001°41'09" ©COPYRIGHT MORRISON-MAIERLE, INC.,2022 PLOTTED DATE: Jun/19/2022 PLOTTED BY: jon c. wilkinson DRAWING NAME: N:\5659\005 NWX Phase 1 Major Sub\ACAD\Survey\FPLAT\5659005_NWX-PH1_FPLAT PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 54NWX, LLC GALLATIN 5659.005 1:100 6/1/2022 MEE CJF MMI 5E 2S 04NE TRACT 5 OF THE CERTIFICATE OF SURVEY No. 2552, SITUATED IN THE NE1/4 OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. FINAL PLAT NORTHWEST CROSSING SUBDIVISION - PHASE 1 HARVEST PARKWAY (71')COTTONWOOD ROAD (120')WEST OAK STREET (125') BAXTER LANE 100')TWIN LAKES AVENUE (66')ROSA WAY (60')EXISTING PUBLIC STREET AND UTILITY EASEMENT DOC. 2646562 EXISTING PUBLIC STREET AND UTILITY EASEMENT DOC. 2646562 60.0' PUBLIC STREET AND UTILITY EASEMENT DOC. 2649280 ZONING CITY OF BOZEMAN - B-2 & REMU PURPOSE TO CREATE 14 B2M / REMU LOTS, 15 RESTRICTED LOTS, AND CREATE PUBLIC EASEMENTS FOR INGRESS, EGRESS AND UTILITIES. 50.0' PUBLIC ACCESS AND UTILITY EASEMENT 20.0' GAS PIPELINE EASEMENT DOC. 2329665 20.0' GAS PIPELINE EASEMENT DOC. 232966550.0' PUBLIC STREET AND UTILITY EASEMENT DOC. 2649280 10.0' PUBLIC UTILITY EASEMENT DOC. 2649281 10.0' PUBLIC UTILITY EASEMENT DOC. 2649281 10.0' PUBLIC UTILITY EASEMENT DOC. 2649281 BAXTER DITCH DELINEATED WETLAND BOUNDARY ZONE 1 WATERCOURSE SETBACK ZONE 2 WATERCOURSE SETBACK NOTE: 1.LOT DEVELOPMENT IS SUBJECT TO FURTHER SUBDIVISION REVIEW. (SEE NOTE 1) (SEE NOTE 1)(SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) BLO C K 3 BLO C K 2 BLO C K 1 BLO C K 4 BAXTER DITCH 70.0' PUBLIC STREET AND UTILITY EASEMENT 10' P.U.E. TYP 10' P.U.E. TYP 10' P.U.E. TYP WELLS P R I N G D R I V E DAYSPRING AVENUEZONE 1 WATERCOURSE SETBACK ZONE 2 WATERCOURSE SETBACK 30.0' PUBLIC ACCESS AND UTILITY EASEMENT 50.0' PUBLIC ACCESS AND UTILITY EASEMENT 60.0' PUBLIC STREET AND UTILITY EASEMENT 10' P.U.E. TYP 10' GROUNDWATER DRAIN EASEMENT 10' GROUNDWATER DRAIN EASEMENT 1' - NO ACCESS STRIP 1' - NO ACCESS STRIP 1' - NO ACCESS STRIP 1' - NO ACCESS STRIP 1' - NO ACCESS STRIP 1' - NO ACCESS STRIP 10' GROUNDWATER DRAIN EASEMENT TEMPORARY10' GROUNDWATER DRAIN EASEMENT WILL CEASE TO EXIST WHEN FUTURE DEVELOPMENT ACROSS THIS AREA IS COMPLETED STORMWATER EASEMENT DOC.________________ STORMWATER EASEMENT DOC.________________ ELEVATION DATUM = NAVD 88 RECOMMENDED FINISH FLOOR ELEVATION RESET SECTION CORNER. SEE C.C.R. DOC.# 2412303 SIGN EASEMENT SIGN EASEMENT SIGN EASEMENT SIGN EASEMENT SIGN EASEMENT SIGN EASEMENT RESET 14 SECTION CORNER. SEE C.C.R. DOC.# 153209 OWNER NWX, LLC 1735 SOUTH 19TH AVE. BOZEMAN, MT 59718 BASIS OF BEARING Bobcat Coordinate System, NAD83(2011) per the "Rocky Mountain Tribal Coordinate Reference System" Handbook and User Guide, Published September 30th, 2014 and subsequent revisions, established by observations with survey-grade GNSS receivers. WELL EASEMENT 1 2 3 4 5 6 10' P.U.E. TYP 10' P.U.E. TYP 10' P.U.E. TYP 10' P.U.E. TYP 10' P.U.E. TYP 10' GROUNDWATER DRAIN EASEMENT 10' GROUNDWATER DRAIN EASEMENT ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITY EASEMENTS (EXCEPT THE RESTRICTED LOTS): - 10' ALONG PUBLIC RIGHTS-OF-WAY - 10' ALONG SIDE LOT LINES - 10' ALONG REAR LOT LINES PUBLIC UTILITY EASEMENTS (P.U.E.) 60.0' PUBLIC STREET AND UTILITY EASEMENT DOC. _________________ 60.0' PUBLIC STREET AND UTILITY EASEMENT DOC. _________________ 60.0' PUBLIC STREET AND UTILITY EASEMENT DOC. _________________ 1' - NO ACCESS STRIP 1' - NO ACCESS STRIP LOTS - 28.40 ACRES PARK - 16.54 ACRES RESTRICTED LOTS - 95.95 ACRES RIGHT-OF-WAY - 5.33 ACRES TOTAL - 146.22 ACRES AREA SUMMARY LEGEND Found 2" diameter AC per C.C.R. Book 4, Page 276. Document No. 2412303 Monument destroyed from new road construction. Reset 2 1/2" diameter A.C. "MMI 16411LS" Set a rebar 5/8" diam., with an orange plastic cap, "MMI 16411LS". Found 2" diam. AC "9518 ES" per C.C.R. Book 2 Page 1427. Document # 336115 Found 5 8" diam. rebar per C.C.R. Book 2, Page 251. Document No. 153209. Monument destroyed from new road construction. Reset 2 1/2" diameter A.C. "MMI 16411LS" Found 2 diameter MDT A.C. per C.C.R. Book 3, Page 922. Document No. 2294184 (R1) Certificate of Survey No. 2552 Calculated point - Not Set 22 COPYRIGHT MORRISON-MAIERLE, INC.,2022 PLOTTED DATE: Jun/11/2022 PLOTTED BY: matt e. ekstrom DRAWING NAME: N:\5659\005 NWX Phase 1 Major Sub\ACAD\Survey\FPLAT\5659005_NWX-PH1_FPLAT PLOT.dwg 1/4 SEC. SECTION TOWNSHIP RANGE PROJ. #: SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: HQJLQHHUVVXUYH\RUVSODQQHUVVFLHQWLVWV 0RUULVRQ0DLHUOH 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 55 NWX, LLC GALLATIN 5659.005 NO SCALE 6/1/2022 MEE CJF MMI 5E 2S 04 NE CONDITIONS OF APPROVAL SHEET Conditions: Buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat and buyers of property are strongly encouraged to contact the local planning department and become informed of any limitations on the use of the property prior to closing. The undersigned property owner acknowledges that there are federal, state, and local plans, policies, regulations, and/or conditions of subdivision approval that may limit the use of the property, including the location, size, and use. 1. All street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting permit for street trees and obtaining utility locations before any excavation begins in the City of Bozeman right-of-way. The subdivision landscape plans shall contain a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there shall be a mulch ring 3'- 4' in diameter around each newly planted boulevard tree. 2. City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Upon the 1 year anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk shall, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. 3. The property is also subject to master site plan approval City of Bozeman application #19440_approved on 12/22/20. 4. Ownership of all common open space areas and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners' association. Maintenance responsibility must include, in addition to the common open space all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space, including pathways, are for the use and enjoyment by the residents of the development and the general public. The property owners' association is responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat the subdivider shall transfer ownership of all common open space aras tot eh property owners' association created by the subdivider to maintain all common open space areas within the Subdivision. 5. Maintenance of stormwater infrastructure is the responsibility of the property owners' association. 6. Due to the potential of high groundwater table in the area of the subdivision, no basements or crawlspaces may be constructed within the subdivisions, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the season high groundwater level and provides supporting groundwater data or certifies that the structure has been designed in such a way to accommodate the seasonal high groundwater prior to the release of building permits. In addition sump pumps are not allowed to be connected to the sanitary sewer system or discharge in the public right-of- way. 7. The property owners' association is responsible for maintenance of the alley - _______________. 8. The property owners' association is responsible for maintenance of any lighting located outside of public street rights-of-ways. 9. The property owners' association is responsible for maintenance of all stormwater infrastructure located outside public street rights-of-way. 10. Water rights, or cash-in-lieu of water rights, have been provided with this subdivision subject to Document No. ___________ - Water Adequacy Agreement for Northwest Crossing. 11. The groundwater de-watering system (drain tile) is owned and maintained by the property owners' association. Construction of any structures is prohibited within the groundwater drain easement. 12. Development on all Restricted Lots is subject to further subdivision review. 13. The Parks and Recreation Department does not assume maintenance responsibility until park improvements have been installed and fully accepted on behalf of the City. TRACT 5 OF THE CERTIFICATE OF SURVEY No. 2552, SITUATED IN THE NE1/4 OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. NORTHWEST CROSSING SUBDIVISION - PHASE 1 Certificate of Transfer of Ownership and Completion of Non-Public Improvements; and Conditions of Approval : The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Open Space parcels designated Storm Water Tract. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same NWX, LLC hereby further certify that the following non-public improvements, required to meet the requirements of chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: NONE Financially Guaranteed Improvements: NONE The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by document number _____________________________________. We further certify that the text and/or graphics shown on the Conditions of Approval sheet represents requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied; and that the information shown is current as of the date of the certification, and that changes to any land use restrictions or encumbrances may be made by amendment to covenants, zoning regulations, easements, or other documents as allowed by law or local regulations. NWX, LLC By: ________________________________________________________________________________ ___________________________, Authorized Representative Dated State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2022, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the Authorized Representative of NWX, LLC and acknowledged to me that said Inc. executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ CERTIFICATE OF COMPLETION OF WATER-RELATED IMPROVEMENTS I, _____________________, hereby certify that the following improvements, necessary to meet the requirements of chapter 38 of the Bozeman Municipal Code or as a condition(s) of approval of The Final Plat of Northwest Crossing Subdivision, have been installed in conformance with the approved plans and specifications, or financially guaranteed and covered by the improvements agreement accompanying this plat. Installed Improvements: Well #6 Financially Guaranteed Improvements: Well #5 The subdivider hereby warrants said improvements against any and all defects for a period of two years from the date of acceptance by the City of Bozeman. The subdivider hereby grants ownership of all public infrastructure improvements to the City of Bozeman and the city hereby accepts ownership of all public infrastructure improvements, subject to the above indicated warranty. _________________ ____________________________ ___________Authorized Representative Dated NWX, LLC _________________ ____________________________ Dated Director of Public Works City of Bozeman, Montana Record Documents: Document No. 2329665 - Northwestern Energy 20' wide Gas Pipeline Easement Document No. 2646562 - City of Bozeman Public Street and Utility Easement and Fill Slope Easement. Document No. 2649280 - City of Bozeman Public Street and Utility Easement Document No. 2649281 - City of Bozeman 10' wide Public Utility Easement. Document No. _______________ - Storm Water Easement - Park 2 Document No. _______________ - Storm Water Easement - Park 3 Document No. _______________ - City of Bozeman 60' Wide Public Street and Utility Easement - Laurel Parkway to Cottonwood Document No. _______________ - City of Bozeman 66' Wide Public Street and Utility Easement - Laurel Parkway to Rosa Way / Harvest Parkway Document No. _______________ - City of Bozeman 60' Wide Public Street and Utility Easement - Baxter Lane to Rosa Way / Harvest Parkway Document No. _______________ - City of Bozeman 60' Wide Public Street and Utility Easement - Baxter Lane to Twin Lakes / Harvest Parkway Document No. _______________ - City of Bozeman 60' Wide Public Street and Utility Easement - Baxter Lane to West Oak Street Document No. _______________ - Water Adequacy Agreement for Northwest Crossing Development 23 Page 1 of 39 20113, City Commission Findings of Fact and Order for the Northwest Crossing Phase 1 Major Subdivision Public Hearing Date: Planning Board January 25, 2021 at 6:00 via WebEx. A WebEx link will be provided with the Planning Board agenda. City Commission, February 2, 2021 at 6:00 pm via WebEx. A WebEx link will be provided with the City Commission agenda. Project Description: A major subdivision application requesting permission for the subdivision of 146.21 acres into fifteen (15) developable lots zoned B-2M and REMU, fifteen (15) restricted development lots, city park, easements, and associated right of way. The site is located at the northwest intersection of Oak Street and Cottonwood Road. Project Location: North of Oak Street on the west side of Cottonwood Road, and south of Baxter Lane. Legally described as Tract 5 of Certificate of Survey No. 2552, Situated in the NW ¼, Section 4, Township 2 S, Range 5 E of P.M.M., City of Bozeman, Gallatin County, MT. Recommendation: The application conforms to standards and is sufficient for approval with conditions and code provisions. Planning Board Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20113 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20113 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: February 18, 2021 Staff Contact: Danielle Garber, Associate Planner Griffin Nielsen, Project Engineer Addi Jadin, Parks Planning and Development Manager Agenda Item Type: Action (Quasi-judicial) DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 24 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 2 of 39 EXECUTIVE SUMMARY Unresolved Issues There are no known unresolved issues. Project Summary This report is based on the application materials submitted and any public comment received to date. The property owner and applicant made application to develop the vacant property on the west side of Cottonwood Road, north of Oak Street and near the new Gallatin High School. The application proposes the subdivision of 146.21 acres into fifteen developable lots (28.37 acres), fifteen restricted development lots (95.95 acres), city park (16.55 acres), easements, and rights of way (5.34 acres). The subject property was annexed to the City on June 25, 2019 and initial zoning was adopted on July 15, 2019 as Residential Emphasis Mixed Use (REMU), and B-2M (Community Business District – Mixed). A Master Site Plan application no. 19440, as required by REMU zoning, was approved by the Director of Community Development on December 22, 2020. The property is currently unoccupied and has been historically used for agriculture. Two watercourses are present on the property, running north-south, with associated wetlands. This subdivision is not required to provide affordable housing as no lots for market rate homes are proposed. All developable lots within this subdivision will require further development review and public notice prior to building permit issuance. The master site plan shows an expected mix of uses in phase 1 with 15-acres of primarily commercial development and the remaining platted lots to be used for multi-household development. The subdivision provides a mix of uses in compliance with REMU and B-2M zoning. The subdivision proposed 16.55 acres of city park lots primarily adjacent to the Baxter Ditch watercourse. The park, named Homestead Park, is divided into 3 separate park parcels, each spanning the long central blocks of the development, providing long segments of trail. Park Parcel 1 meets the intent of Linear Parks within the Parks, Recreation, Open Space and Trails Plan (PROST), Parcels 2 and 3 meet frontage requirements for dedicated park. A combination of improvements-in-lieu of Parkland and Land dedication is required with each subsequent phase of development. The Recreation and Parks Advisory Board has recommended approval of the subdivision and the parks master plan for the development with recommended conditions of approval with review of the Master Site Plan on October 27, 2020. The subdivision proposed an unknown number of phases with 28.37 acres of the development occurring in phase 1 including two lots for multi-household development and 13 lots for primarily commercial development. The commercial corner of the subdivision will serve as the neighborhood center. 15 restricted development lots requiring further subdivision prior to DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 25 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 3 of 39 development make up the balance of the subdivision and phasing will occur as applications are received. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. The Development Review Committee (DRC) deemed the application adequate for continued review on January 19, 2021. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by March 21, 2021, unless there is a written extension from the developer, not to exceed one year. No written public comment has been received. The public hearing date for the City Commission was February 2, 2021. The hearing was held virtually via Webex. The City Commission met to consider the application for a preliminary plat subdivision of 146.21 acres into fifteen developable lots zoned B-2M and REMU, fifteen restricted development lots, city park, easements, and associated right of way. Addi Jadin, Parks Planning and Development Manager, presented the Master Park Plan under this application and the Master Site Plan #19440, previously approved by the Director of Community Development. Danielle Garber, Associate Planner, presented the preliminary plat staff report and application. Following the presentation, questions to staff from the Commissioners were related to including the watercourse and wetlands within the park boundaries, the floodplain delineation, groundwater mitigation, potential historic resources, park dedication and cash-in-lieu requirements, and suggestions for including off-leash areas for dogs within the proposed park. The Applicant had two representatives at the meeting, Matt Ekstrom with Morrison-Maierle and Kelley Savage with Norris Design. The representative, Matt Ekstrom, thanked staff for the complete and accurate staff report for the Subdivision, and stated that the applicant is in agreement with the staff report and the conditions of approval and code provisions as written. The applicant expanded on some previous questions related to drain tiles and water management. Three members of the public spoke at the public hearing. General public comment was focused on the alteration of natural systems by the historic agricultural uses and future development, specifically the watercourse, wetlands, climate impacts, and wildlife. Staff provided some clarifying points related to survey of the wetland and drain tiles. The Commission moved to approve the Park Master Plan. This motion is located on page 1 of the City Commission Memorandum provided by the Parks Department and included in the February 2, 2021 hearing packet. Commissioners voted unanimously 4-0 to approve the adoption of the Park Master Plan. Discussion included preservation of the watercourse and wetlands, and the potential inclusion of off-leash facilities for dogs. DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 26 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 4 of 39 The Commission moved to approve the subdivision with conditions and subject to all applicable code provisions. The motion is located on page 1 of this report. Commissioners voted unanimously 4-0 to approve the preliminary plat application. Discussion included the subdivision review criteria including impacts to agriculture and agricultural water user facilities, the improvement and extension of infrastructure to serve the development, the park master plan, off- leash dog park possibilities, and the effect on the environment. Commissioners noted the inclusion of a commercial node on the west side of town to serve existing and future residents, as well as High School students. Further discussion was related to providing additional housing within city limits. Links to video of the Planning Board meeting and City Commission hearing are provided below in Section 5. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. This alternative is requested if the Commission wishes to amend or add conditions of approval. DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 27 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 5 of 39 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 4 SECTION 1 - MAP SERIES .......................................................................................................... 6 SECTION 2 – REQUESTED VARIANCES ............................................................................... 13 SECTION 3 - CONDITIONS OF APPROVAL ........................................................................... 13 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 17 SECTION 5 - RECOMMENDATIONS AND ACTIONS ........................................................... 21 SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 23 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. .................... 23 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 25 Preliminary Plat Supplements ........................................................................................... 29 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 33 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 36 APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 38 APPENDIX C – PROJECT BACKGROUND ............................................................................. 38 APPENDIX D - OWNER INFORMATION ................................................................................ 39 ATTACHMENTS ......................................................................................................................... 39 DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 28 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 6 of 39 SECTION 1 - MAP SERIES Figure 1. Zoning classification DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 29 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 7 of 39 Figure 2. Growth policy designation DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 30 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 8 of 39 Figure 3. Current land use DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 31 Page 9 of 39 Figure 4. Preliminary Plat DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 32 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 10 of 39 Figure 5. Preliminary Plat West – Restricted Lots DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 33 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 11 of 39 Figure 6. Preliminary Plat East – Restricted and Phase 1 Lots DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 34 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 12 of 39 Figure 7. Preliminary Plat Southeast – Phase 1 Lots Only DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 35 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 13 of 39 SECTION 2 – REQUESTED VARIANCES There are no variances requested with this subdivision application. SECTION 3 - CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the preliminary plat application. Conditions of Approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 3. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 4. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners’ association of any open space proposed to be conveyed to the property owners’ association and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owners association and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owners association, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 36 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 14 of 39 5. Deeds and Realty transfer certificates must be provided for transfer of any platted tract to the City or other entity in association with filing of the final plat. 6. The Applicant is required to update the Community Design Framework Master Plan with the Phase 1 Final Plat Application, and all subdivision applications moving forward to designate Block Frontages on all perimeter and internal streets. 7. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 8. The certificate of dedication on the final plat shall include the specific names of the streets dedicated to the public for which the City accepts responsibility. 9. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat. 10. The property owners’ association documents created for this subdivision must include provisions describing the agreed upon method of contribution to the Northwest Crossing Property Owners’ Association and binding property owners of future phases to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands required to be maintained by the Northwest Crossing Property Owners Association. The provisions in the property owners’ association documents fulfilling this condition shall be considered required by the City Commission pursuant to Section 38.220.320.A.4, BMC. The City may release the Northwest Crossing Property Owners’ Association from the obligation to maintain parks dedicated to the City at the City’s discretion. 11. The applicant must submit plans and specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent construction. DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 37 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 15 of 39 12. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant. 13. A well, including equipment and associated permitting, used for public irrigation must be transferred to the City or POA as applicable. A certificate of water related improvements is required per Section 38.240.530. Any financially guaranteed water related improvements agreements must include a warranty of workmanship. 14. All Irrigation wells located within the exterior boundaries of the development shall include Montana DNRC certificates which shall be provided to the City with the final plat submittal. Ownership of any well and associated water right within common open space owned by the property owner’s association shall be transferred to the property owner’s association in conjunction with the final plat. All wells shall include a meter or other device to determine consumption. 15. A "1 foot No Access" strip must be placed along the Cottonwood Road frontage of any lot for which the City’s access separation requirement cannot be fully met. This will be listed as a condition of approval for future subdivision. 16. A "1 foot No Access" strip must be placed along the Oak Street frontage for any lot which the City’s access separation requirement cannot be fully met. This will be listed as a condition of approval for future subdivision. 17. Due to the high groundwater and increased rate of corrosion with in the clay soils all water mains must have additional cathodic protection. A minimum of V-bio polyrap or approved equal is required by the City. 18. The required easements for dewatering system must meet the criteria: a. Be sufficiently sized to allow for the long-term maintenance and operation of the system. A width of 10 feet is required at all locations with additional width dedicated as required. b. Include language restricting the construction of structures within the easement. c. Be shown on the final plat 19. The applicant must provide a maintenance plan for the dewatering system include the maintenance plan in the homeowner’s association documents prior to final plat approval. The plan must include the long term maintenance instructions for the Properties Owner’s Association. 20. The applicant must add a note to the “General Notes” section of the plat that the groundwater dewatering system is owned and maintained by the Property Owner’s Association. DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 38 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 16 of 39 21. “General Note No. 6” must be revised to state that no basements or crawlspaces may be constructed within the subdivisions, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the season high groundwater level and provides supporting groundwater data or certifies that the structure has been designed in such a way to accommodate the seasonal high groundwater prior to the release of building permits. In addition sump pumps are not allowed to be connected to the sanitary sewer system or discharge in the public right-of- way. 22. The following note must appear on the plat all finish floor elevations for structures within the flood hazard identified within the flood hazard report must to be noted on the final plat for the respective lots. 23. Streets adjacent to Baxter Ditch must be designed to ensure that the back of sidewalk is a minimum of one foot above the project flood water surface elevation. 24. Temporary stormwater easements must be provided for stormwater infrastructure supporting the subdivision located outside the proposed developable lots. The easement language must be approved by the City of Bozeman and dedicated with the final plat. The easement must cover the maintenance access routes to the infrastructure. 25. A minimum of a 12 ft. all weather access ramp designed to support maintenance vehicles must be constructed to all stormwater ponds. The access must be review and approved but the subdivision infrastructure plans. 26. The applicant must add a note to the “General Notes” section of the plat that all stormwater infrastructure located outside of the public right-of-way must be maintained by the Property Owner’s Association. 27. Documentation of compliance with the parkland dedication requirements of Section 38.420.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat conditions of approval sheet. The table shall explicitly state how much parkland credit was allocated for each lot within the phase. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. Any cost sharing agreements for maintenance shall be included with the final plat. 28. A note shall be added to the final plat stating: Although an easement or parkland dedication is required at the time of initial subdivision, the Parks and Recreation Department does not assume maintenance responsibility until park improvements have been installed and fully accepted on behalf of the City. DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 39 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 17 of 39 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat and must be satisfied at the final plat. 1. BMC 38.220.300 and 310. The Property Owners’ Association (POA) documents must be finalized and recorded with the final plat. The POA documents must include the requirements of Section 38.220.300 and 320. 2. BMC 38.220.060.A.1 and BMC 38.220.060.A.3. The applicant has proposed a dewatering system as part of the surface water and groundwater supplements to mitigate changes to the existing tile drain system/hydrology. The system must be designed by a professional engineer registered in the state of Montana and receive final approval from all appropriate agencies. The system must be installed prior to final plat approval. With the final plat application the applicant must provide documentation demonstrating final approval from all appropriate agencies, certification from a professional engineer ensure the system has been completed and will operate as designed, and as-builts of the completed system. 3. BMC 38.270.030. The applicant must submit plans and specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent construction. 4. BMC 38.270.070. With the proposed first phase Oak Street must be completed where adjacent to the development from the intersection to the phase boundary. The section must be completed and accepted by the City prior to final plat approval. 5. BMC 38.270.020 and BMC 38.400.010. The development is responsible for the local share of Cottonwood Road. The local share must be provided prior to final plat. a. Cottonwood Road, from Oak Street to Baxter Lane, is currently identified in the City’s Capital Improvement Program (CIP No. SIF138) and scheduled for construction in FY2023. The developer has requested to pay cash-in-lieu of infrastructure for the development’s local share for Cottonwood Road. The development’s full local share payment must be made to the City prior to final plat approval. The development’s local share amount must be confirmed at the time of final plat using the most current costs for Cottonwood Road. DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 40 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 18 of 39 6. BMC 38.400.090. Street easements must be provided for all streets identified in the underling Master Site Plan must be provided prior to final plat approval to ensure access is provided to all lots. The easements must be reviewed and approved by the City. The easement must be provided using the City’s standard language for a public street and utility easement. 10 foot utility easements must be provided along all street frontage unless all effected utility companies (provided service to the development) provided written documentation that the easements are not required prior to final plat approval. 7. BMC 38.410.070. The proposed development falls within the wastewater drainage basin for the Norton East Ranch Outfall and Davis Lane Lift station. The outfall and lift station, listed as Capital Improvement Project (CIP) no. WWIF38 and WWIF31, are currently in progress. The proposed projects must be completed and accepted by the City prior to final plat approval. The City does not guarantee the timing of these projects. 8. BMC 38.410.070. The offsite wastewater interceptor (27” and 21” mains) proposed in Baxter Lane must be completed prior to final plat approval of any phase reliant upon the interceptor. The design of the interceptor must include the consideration of the Aajker Creek Division (15 inch) currently identified in the City’s Wastewater Facility Plan (WWFP) and flow from the Laurel Glen lift station. For areas where existing topography does not allow service to be provided with the interceptor those areas must be served by the downstream infrastructure identified within the City’s WWFP. Private lift station(s) may not be utilized. 9. BMC 38.410.070. A City standard sewer easement must be provided for any location where the sewer system is located outside of the propose right-of-way for Phase 1. Access must be provided to all sanitary sewer lines and manholes. For mains not located in a street or alley a 12-foot all-weather surface must be provided and maintained by the property owner's association. In addition, all sewer mains must be located a minimum of ten feet from all structures and major landscaping features including trees. All points where mains are proposed within parks must be approved by both the Public Works and Parks Department. 10. BMC 38.410.130. The applicant proposes a transfer to City ownership of existing water rights associated with the subject property. The City hereby elects to accept these existing water rights for transfer to City ownership pursuant to Sec. 38.410.130.A.2 BMC. The transfer of ownership of these existing water rights must be in a form and manner suitable for municipal purposes. The applicant and City shall, prior to final plat approval, enter into an agreement containing mutually acceptable terms and provisions for the water rights ownership transfer. 38.410.130 BMC must be satisfied prior to final plat approval. 11. BMC 38.600.130.C. A floodplain permit is required for any development occurring in the floodplain. City cannot issue floodplain permit approval until all other necessary permits have been issued by agencies having jurisdiction. The applicant must submit all necessary permits and receive approval from the City prior to final plat. The Flood Hazard Evaluation provided has not been approved. The City’s Floodplain Coordinator has provided the following comments: DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 41 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 19 of 39 a. The report finds that floodwater could reach elevations in proposed lots based on existing topography. To mitigate the flood hazard due to existing topography, the report recommends fill be placed to keep the floodwater contained within the confines of the outer 20’ of the wetland setback. b. Neither the flood hazard report nor the drainage report provide any information for sizing the stream crossings for the internal subdivision roads. These reports need to be updated to size the internal road culvert crossings. The hydraulics of the internal crossings feeds back to the flood report in that fill locations (including roads) and crossing capacities needs to be accounted for in producing the proposed floodplain area. It is recommended that the crossings be sized to pass the flood discharge without overtopping the roadway. 12. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required. a. (1) For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the property owners' association (POA), the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the city or the POA. b. (2) For the transfer of personal property installed upon dedicated parkland or city- owned open space, or POA-owned parkland or open space, the subdivider must provide the city an instrument acceptable to the city attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the city or the POA. c. (3) The subdivider or owner of the property must record the deed or instrument transferring ownership or interests at the time of recording of the final plat with the original of such deed or instrument returned to the city or POA as applicable. d. (4) For the transfer of ownership interest in water, the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the city attorney transferring ownership to the city or POA, along with all required state department of natural resources and conservation documentation, certification and authorization. 13. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements. 14. BMC 38.240.520 requires a certificate of completion of non-public improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements. DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 42 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 20 of 39 15. BMC 38.240.510. Separate the Conditions of Approval Notifications and Certifications Certificate from the non-public improvements certificate and match the language in this section. 16. BMC 38.240.530 when irrigation of public facilities are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of water- related improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings. The subdivision proposes irrigation of public street frontage and city parkland. This certificate must be provided on the final plat. 17. BMC 38.270.030.B.3. Completion of Improvements, Lighting. Subdivision lighting must be installed or financially guaranteed prior to final plat approval. If an SILD is utilized for the lighting the Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 18. BMC 38.410.120 Mail Delivery. A cluster mail box location approved by the United States Post Office must be identified with the final plat application and infrastructure plans. 19. BMC 38.420.020.A.2.a.(2). If net residential density is of development is unknown, 0.03 acres per dwelling unit must be provided, for initial subdivision or other development, within REMU zoning district as an area equal to that required for eight dwelling units or 13.5 persons in group quarters per net acre. 20. BMC 38.420.020.A.2.a.(3). If net residential density is of development is unknown, 0.03 acres per dwelling unit must be provided, for initial subdivision or other development, within B-2M zoning district (“intended for residential development as shown in the Master Site Plan) an area equal to that required for six dwelling units or 13.5 persons in group quarters per net acre. Cash-in-lieu of Parkland for residential B-2M lot is required at the time of Subdivision Final Plat for the corresponding phase based on the valuation at the time of final plat completeness (38.420.030). 21. BMC 38.550.070. In accordance with the requirements of this section, installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips on perimeter streets and in and adjacent to City park lots and any open space lots is required prior to final plat approval. 22. BMC 38.240.430. Where there will be a cash donation in-lieu of parkland dedication, plats of subdivision must show the following certificate: Certificate accepting cash donation in-lieu of land dedication Finding dedication of parkland within the platted area of (Subdivision Name) would be undesirable for park and playground purposes, it is hereby ordered by the city commission of DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 43 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 21 of 39 the City of Bozeman, that land dedication for park purposes be waived and that cash-in-lieu, in the amount of _______________ dollars, be accepted in accordance with the provisions of the Montana, Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the Bozeman Municipal Code. DATED this _______ day of _______, _______. _______________________ Signature City of Bozeman Director of Parks and Recreation 23. BMC 38.220.060.14. Provide response to review criteria in this section from school administration indicating whether the increased enrollment can be accommodated by the present personnel and facilities and by the existing school bus system 24. BMC 38.410.080. Provide a landscaping plan for the permanent retention pond to be provided in the park lot. This may accompany the landscaping plan with final plat, but it must be completed prior to park development if development is not to occur with phase 1. 25. BMC 38.220.060.A.7. Provide clarification from the State Historic Preservation Office (SHPO) on any potentially eligible historic or cultural resources on the subject property. SECTION 5 - RECOMMENDATIONS AND ACTIONS The DRC determined that the application is adequate for continued review and found that application conforms to standards and is sufficient for approval with conditions and code provisions on January 19, 2021. The Recreation and Parks Advisory Board reviewed and recommends approval of the proposed subdivision and parks master plan as outlined in the application and with the conditions and code provisions in this report. The Planning Board conducted a public hearing on the related subdivision and voted unanimously 7-0 to recommend approval of the application to the City Commission. The public hearing date for the Planning Board was January 25, 2021 at 6:00 PM via WebEx. Staff presented the staff report to the Board. There was a question to staff related to the revised zoning boundary between the B-2M and REMU areas of the subject property approved with Master Site Plan Application no. 19440 and alignment with the growth policy designations. Questions of the applicant involved the groundwater mitigation, and the proposed local street sections and bike lane widths in different areas of the development. There was some concern that the applicant’s proposed wider local street section adjacent to the B-2M commercial areas along Harvest Parkway would reduce safety and encourage users in vehicles to disregard speed limits. Mr. Egge stated that the City has a complete streets policy and adopted standards in regard to bike lanes and bike lane widths. Griffin Nielsen, the City’s reviewing engineer for this project clarified that proposed street section design proposed with this application is conceptual and will DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 44 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 22 of 39 be further evaluated during infrastructure review prior to construction and final plat. Mr. Rudnicki made the motion to recommend approval stating that the project complies with the stated growth goals of the City. Mr. Pape seconded. Mr. Egge spoke further in discussion and proposed to amend the recommendation that the applicant is required to provide bike lanes according to American Association of State Highway and Transportation Officials (AASHTO) standards as detailed in Section 38.400.110.E. The amendment to the motion passed unanimously 7-0. Mr. Pape discussed his second in support of the original motion stating that when he looks at these projects he is always asking if they are serving the needs of the community, and at this time of imminent need, hopefully a project like this will relieve some housing strain. The motion to recommend approval passed 7-0 with the additional recommendation that the applicant be required to develop bike lanes to the adopted AASHTO standards. Staff discussed this recommendation with the City’s engineering staff reviewing this application during the preparation of the staff report. Engineering staff clarified that adherence to the AASHTO standards is already stated in the cited code section and will be reviewed when the applicant provides the infrastructure plan as required in code provision #3. The Planning Board proceedings may be viewed here under the date January 25, 2021: https://www.bozeman.net/government/city-commission/city-commission-video The public hearing date for the City Commission was February 2, 2021. The hearing was held via Webex. Addi Jadin, Parks Planning and Development Manager, presented the Master Park Plan under this application and the Master Site Plan application #19440, previously approved by the Director of Community Development. Danielle Garber, Associate Planner, presented the preliminary plat staff report and application. Following the presentation, questions to staff from the Commissioners were related to including the watercourse and wetlands within the park boundaries, the floodplain delineation, groundwater mitigation, potential historic resources, park dedication and cash-in-lieu requirements, and suggestions for including off-leash areas for dogs within the proposed park. The Applicant had two representatives at the meeting, Matt Ekstrom with Morrison-Maierle and Kelley Savage with Norris Design. The representative, Matt Ekstrom, thanked staff for the complete and accurate staff report for the Subdivision, and stated that the applicant is in agreement with the staff report and the conditions of approval and code provisions as written. The applicant expanded on some previous questions related to drain tiles and water management. Three members of the public spoke at the public hearing. General public comment was focused on the alteration of natural systems by the historic agricultural uses and future development, specifically the watercourse, wetlands, climate impacts, and wildlife. Staff provided some clarifying points related to survey of the wetland and drain tiles. DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 45 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 23 of 39 The Commission moved to approve the Park Master Plan. This motion is located on page 1 of the City Commission Memorandum provided by the Parks Department and included in the February 2, 2021 hearing packet. Commissioners voted unanimously 4-0 to approve the adoption of the Park Master Plan. Discussion included preservation of the watercourse and wetlands, and the potential inclusion of off-leash facilities for dogs. The Commission moved to approve the subdivision with conditions and subject to all applicable code provisions. The motion is located on page 1 of this report. Commissioners voted unanimously 4-0 to approve the preliminary plat application. Discussion included the subdivision review criteria including impacts to agriculture and agricultural water user facilities, the improvement and extension of infrastructure to serve the development, the park master plan, off- leash dog park possibilities, and the effect on the environment. Commissioners noted the inclusion of a commercial node on the west side of town to serve existing and future residents, as well as High School students. Further discussion was related to providing additional housing within city limits. The City Commission’s review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web page filed under the date February 2, 2021: https://www.bozeman.net/government/city-commission/city-commission-video SECTION 6 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended condition of approval 2, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. A conditions of approval sheet must be included and updated with the required notations can be added as required by conditions or code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 46 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 24 of 39 condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The application was received on April 22, 2020 and was deemed inadequate for further review on May 29, 2020. Revised application materials were received on August 10, 2020, December 2, 2020, and January 19, 2021. The City deemed the application adequate for review on December January 19, 2021. Public hearings were scheduled for January 25, 2021 and February 2, 20201 The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board must forward a recommendation in a report to the City Commission who will make the final decision on the applicant’s request. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by March 21, 2021, unless there is a written extension from the developer, not to exceed one year. Public notice for this application was given as described in Appendix C and no comment was received as of the issuance of this staff report. On January 20, 2021 the major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration by the Planning Board. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the Development Review Committee and the Department of Community Development all applicable regulations are met if all code requirements are satisfied. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration in Sections 3 and 4. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Condition of approval 7 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities will be located within dedicated street right of ways. Code provision #9 states where the sewer system is located outside of the proposed right of way for Phase 1, a City standard sewer easement must be provided. Access must be provided to all sanitary sewer lines and manholes DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 47 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 25 of 39 Ten foot front yard utility easements are depicted on the preliminary plat and are proposed to be granted with the final plat in accordance with standards. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the developable area of the phase 1 subdivision. Local streets (Harvest Parkway, Rosa Way, Twin Lakes Avenue, Wellspring Drive, and Dayspring Avenue) are proposed to provide access to all lots within the phase 1 subdivision. Cottonwood Road, and West Oak Street both arterials, provides access to the subdivision from all directions. All of the proposed lots have frontage to a public street. Physical access to each lot is proposed via public streets and/or a public access and utility easement through Blocks 1 and 2. The final plat musts contain a statement requiring lot accesses to be built to the standards contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications per BMC requirements. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subdivision will not impact agriculture. The subject property is designated as residential and commercial according to the City of Bozeman Community Plan. The area is zoned for residential mixed use high density development, and community business. The site is historically used for grazing and irrigated crops, but the home and agricultural buildings are all vacant. 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities. Two main watercourses exist on site, Baxter Creek and Baxter Ditch and have been traditionally used to irrigate the subject property. Wetlands exist adjacent to the watercourses and are preliminarily determined to be jurisdictional, although no United States Army Corps of Engineers review has yet been conducted. A series of culverts is proposed to allow roadways to be developed over top of the water resources without inhibiting flow or downstream users. Code provision #11B requires proper sizing of road culvert crossings to pass flood discharge without overtopping the roadway. No lateral ditches related to Farmers Canal are affected by this proposed subdivision. 3) The effect on Local services Water/Sewer – Water capacity exists to serve the subdivision. A municipal water main must be extended north along Cottonwood Road to serve the subdivision. There is an existing main along West Oak Street, and eventually a new main in the future Laurel Parkway, and a new main along Baxter Lane will create a looped system. The subdivider proposes to extend water and sewer mains within all local and collector streets within the subdivision. Code provision #9 requires a city standard sewer easement where the sewer system is located outside of the proposed right of way for phase 1. Code provision #3 requires the applicant to submit plans for water and sewer main extensions, approved by the Montana Department of Environmental Quality, to be DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 48 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 26 of 39 reviewed by the City. Building permits will not be issued prior to city acceptance of site infrastructure improvements, unless concurrent construction is requested and conditions allow. Capital improvements are currently in progress to expand wastewater capacity serving the subject property via the Norton East Ranch Outfall and Davis Lane Lift Station. Code provision #7 requires the projects be complete prior to final plat approval, and code provision #8 is also related to wastewater capacity. Water rights exist for the subject property, the applicant proposes to transfer to City ownership existing water rights. Code provision #10 requires the applicant and the City to enter into an agreement containing provisions for water rights ownership transfer prior to final plat approval. Streets – The Growth Policy and subdivision standards require adequate connectivity of the street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate congestion. The preliminary plat for the phase 1 layout extends local streets (Rosa Way, Twin Lakes Avenue, and Harvest Parkway) through the subdivision in accordance with block length standards and provisions to extend streets to undeveloped land. New local streets (Wellspring Drive, and Dayspring Avenue) will be created to serve internal lots. Cottonwood Road is required to be constructed to the phase 1 boundary with final plat. Code provision #5 states that the development is responsible for the local share of Cottonwood road. The developer has requested to pay cash-in-lieu of infrastructure prior to final plat approval. With the first phase Oak Street must be completed where adjacent to the phase 1 boundary prior to final plat approval. All streets are proposed to be constructed to city standards and the City accepts maintenance for all streets. Furthermore, Street easements must be provided for all streets identified in the underlying master site plan approval to ensure access is provided to all lots within the subdivision, and provide predictability for future subdivision development. Code provision #6 details this requirement. No intersections within the required analysis distance to this subdivision are operating under a level of service required by the code. No intersection improvements are required with the phase 1 subdivision. Future subdivision development of the restricted lots will be evaluated at the time of subdivision. Street lighting is a component of the required street improvements. A special improvement lighting district is proposed to maintain these facilities. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. Stormwater - The subdivision will construct storm water control facilities to conform to municipal code. Some temporary surface stormwater facilities are proposed to serve phase 1, with an additional permanent pond within city parkland. Condition of approval #24 requires temporary stormwater easements be provided for stormwater infrastructure supporting the subdivision located outside of the proposed developable area. Inspection of installed facilities prior to final plat will verify that standards have been met. Condition of approval #26 states that DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 49 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 27 of 39 maintenance of the storm water facilities outside of public right of way is an obligation of the property owners’ association. Condition of approval #25 also relates to this issue. Parklands - The proposal meets the required park dedication and improvement standards with conditions and code provisions if the parks master plan is approved by the Commission. The Parks Planning and Development Manager reviewed the master site plan and proposed Homestead Park plan. The Subdivision Review Committee of the Recreation and Parks Advisory Board reviewed the proposal on October 27, 2020, which consists of Homestead Park, a 16-acre park spanning both sides of Baxter Ditch and consisting of 4.2 acres of unrestricted active parkland and the remainder of watercourse and wetlands. The unrestricted “upland” park areas are connected by a loop of trails that that run the length of the subdivision from north to south and cross Baxter Ditch in two locations with pedestrian bridges. The park, is divided into 3 separate park parcels, each spanning the long central blocks of the development, providing long segments of trail. Park Parcel 1 meets the intent of Linear Parks within the Parks, Recreation, Open Space and Trails Plan (PROST), Parcel 2 and 3 meet frontage requirements for dedicated park. “East-West Park Connectors” are proposed as conceptual parkland areas to be further developed upon subsequent development of restricted lots created within Phase 1 of the subdivision. The Park Master Plan commits an additional 2 acres of parkland on each side of Homestead Park for a total of 4 additional unrestricted park areas (8.2 acres total). The remaining estimated 7.52 acres of required parkland are proposed as either additional park or improvements-in-lieu of parkland as listed generally on the Homestead Park Vision sheet and more specifically within the Park Master Plan “Potential Park Amenities” sheets. A final park plan will be completed and approved with the final plat. The proposed park plan includes dedication of land with improvements to meet the obligation for the subdivision. Future development will be required to provide a combination of dedicated land and cash in lieu of parkland once the density is known. 4) The effect on the Natural environment No significant negative impacts to the natural environment have been identified. Two primary watercourses exist on the subject property with associated wetlands, Baxter Creek on the western edge, and Baxter Ditch runs through the center. The entire eastern half of the subject property, east of Baxter Ditch where phase 1 is proposed, has been historically filled, tilled, planted, and irrigated eliminating wetland qualities in those areas. Where intact wetlands and watercourses are present setbacks have been delineated and identified pursuant to BMC 38.410.100. The wetland delineation report identifies many areas where the quality of wetland soil and plants has been degraded due to cattle use and grazing. Proposed impacts to these areas are as follows. Road crossings will require the watercourses to be culverted in at least four places. Conditions of approval related to this issue are located in Section 4 of this report and include condition #12 requiring appropriate permitting from the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers. DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 50 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 28 of 39 A drain tile system exists through the eastern half of the property and has been traditionally used for agricultural ground dewatering. A letter from the Gallatin Conservation District, provided in the application materials states that this drained swell, where the tile has been damaged and repaired, is not a natural watercourse or irrigation facility and does not convey water from other properties. The applicant has proposed to redesign this system. Condition of approval #18 requires maintenance easements restricting the construction of structures within the easement. The site is in an area of high groundwater which may negatively impact future structures or cause illicit discharges into the sanitary sewer and over burden the surface drainage system. Condition 21 prohibits use of basements or crawl spaces unless a professional engineer certifies that the structure has been designed in such a way to accommodate seasonal high groundwater and requires addition of a notation of this restriction on the conditions of approval sheet. This requirement will protect both future structure owners from future hazards of flooding and lessen burden on the public from illicit discharges. The watercourses present the possibility of flooding, conditions of approval #22 and #23 are related to this issue. Code provision #11 requires a City floodplain permit for any development occurring in the floodplain delineated in the flood hazard analysis provided in the application materials. Mitigation of this flood hazard includes recommendation for fill to be added to the site. As stated above, where fill impacts wetlands or watercourses mitigation is required with local, state, and federal permitting. Watercourse setback planting along both watercourses, and park development is proposed primarily along Baxter Ditch. As stated above plants and soils along the watercourse have been severely degraded due to agricultural activities, and noxious weeds are widespread. A landscaping framework, proposed with the approved master site plan, proposes enhancing the native lowland and upland areas with shrubs and trees to significantly improve the quality of the watercourse and guide its character long term as a natural amenity for Bozeman residents. Future planting plans will be required as the property develops and will be reviewed according to standards in place at the time. No other impacts to the natural environment are identified. BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces rather than municipal water supply. The application will irrigate parkland, open space or other public lands landscaping with wells. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. There are no known endangered or threatened species on the property. Habitat quality has been substantially impacted by agriculture and grazing. A letter from Mike Duncan, Fisheries Biologist with State of Montana Fish Wildlife and Parks states that “Stream corridors, their fish, and other amenities streams provide is a primary driver for growth in Gallatin County and they should be protected commensurate to their importance.” Mr. Duncan provided suggestions related to additional DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 51 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 29 of 39 watercourse setbacks, and preventing discharge of harmful substances, sediment, and other contaminants as the property develops. Low Impact Design (LID) to mitigate stormwater is required in the REMU zoning district and encouraged across the entirety of the development. Proposed watercourse setback plantings that have the potential to improve stream habitat are described in the above section. 6) The effect on Public health and safety With the recommended conditions of approval and required plat corrections, the subdivision will not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title with conditions and code provisions. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. Condition of approval 1 requires full compliance with all applicable code requirements. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on January 13, 2020. Staff offers the following summary comments on the supplemental information required with Article 38.220.060, BMC. 38.220.060.A.1 Surface Water Two perennial stream exist on the property with their associated riverine wetlands. As discussed above the quality of plants, soils, and water resources varies across the property. This subdivision provides the opportunity to rehabilitate surface water resources with watercourse setback plantings and weed mitigation. Condition of approval #12 requires that the applicant contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant prior to commencing any improvements within watercourse and wetland areas. 38.220.060.A.2 Floodplains Two non-federal 100-year floodplains have been analyzed and associated with Baxter Creek and Baxter Ditch. A flood hazard analysis report completed in 2019 is included with the application materials. Analysis concluded that all flood waters will be contained within the existing banks of Baxter Creek, and a majority of flood waters will be contained within the existing banks of Baxter Ditch. Recommendations related to Baxter Creek to additionally mitigate flood hazard include maintaining a minimum floor elevation of at least two feet above the identified flood DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 52 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 30 of 39 water surface elevation. Recommendations related to Baxter Ditch identify areas where flooding will overtop banks, and fill is recommended along the outer 20-feet of the wetland setbacks in those areas. Condition of approval #22 requires a note be added to the final plat requiring that all finish floor elevations for structures within the flood hazard be identified for each impacted lot. Condition of approval #23 requires streets adjacent to Baxter Ditch be designed to ensure that the back of sidewalk is a minimum one foot above the projected flood water surface elevation. Code provision #11 requires a flood plain permit for any development occurring in the floodplain. The City cannot issue floodplain permit approval until all other necessary permits have been issued by agencies having jurisdiction. The applicant must submit all necessary permits and receive approval from the City prior to final plat. The Flood Hazard Evaluation provided has not been approved. City’s Floodplain Coordinator has provided the following comments: a. The report finds that floodwater could reach elevations in proposed lots based on existing topography. To mitigate the flood hazard due to existing topography, the report recommends fill be placed to keep the floodwater contained within the confines of the outer 20’ of the wetland setback. b. Neither the flood hazard report nor the drainage report provide any information for sizing the stream crossings for the internal subdivision roads. These reports need to be updated to size the internal road culvert crossings. The hydraulics of the internal crossings feeds back to the flood report in that fill locations (including roads) and crossing capacities needs to be accounted for in producing the proposed floodplain area. It is recommended that the crossings be sized to pass the flood discharge without overtopping the roadway. 38.220.060.A.3 Groundwater With the recommended conditions of approval and required plat corrections, the subdivision groundwater impacts will be successfully mitigated. The geotechnical investigation report, and groundwater modeling is included in the application submittal. Groundwater was encountered in all test pit excavations. Groundwater depth shown in test pits ranges between 4 to 7 feet. A groundwater flow model for managing groundwater levels was provided by Water & Environmental Technologies (WET). WET states that “presently agricultural drains are in place at the footprint of the proposed development which acted to control shallow groundwater for land cultivation purposes … Given those drains are relatively shallow, and, given that there are questions about their integrity, it was determined that it would be appropriate to construct an engineered drain system as part of the overall development plans.” Those models; and proposed drain system location are included in the application materials and have been reviewed by the Engineering Division. Conditions of approval 17, 20, 21, are related to groundwater and groundwater dewatering including the restriction of basements and crawl spaces. BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces rather than municipal water supply. The application requests to irrigate parkland, open space or other public lands landscaping with wells per code requirements. DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 53 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 31 of 39 38.220.060.A.4 Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. Soils encountered during testing show a layer of vegetated topsoil, underlain by a layer of silty clay with sand to depths ranging from 1.5 to 4 feet. Beneath the silty clay with sand layer; gravel sand and cobbles were encountered 8.5 to 9 feet below existing site grades. There are no hazardous features associated with this soil type, and foundations “can bear on the native gravel with sand layer,” however it is recommended that “it may be advantageous to place 1 foot of structural fill under building envelopes to aid in concrete forming and provide a uniform bearing surface.” Additionally, due to high groundwater levels in the area it is advised against constructing buildings with full or partial basements, a condition of approval is recommended to address this issue. The geotechnical report is included in the application materials. 38.220.060.A.5 Vegetation This subdivision will not significantly impact vegetation. No substantial native vegetation was identified. Comment from state Montana Fish Wildlife and Parks found no immediate negative effects with proper drainage and mitigation techniques. The area has been substantially disturbed by animals and grazing which has displaced most original plants. 38.220.060.A.6 Wildlife This subdivision will not significantly impact wildlife with conditions and code provisions. See comments above under primary review criteria. 38.220.060.A.7 Historical Features This section requires documentation from the State Historic Preservation Office (SHPO) for any known or possible “historic, paleontological, archaeological, or cultural sites, structures, or objects which may be affected by the proposed subdivision.” Potential or known historic areas are required to be identified, protective measures described if applicable, and impact discussed. A letter from Damon Mundo the Cultural Records Manager at SHPO is included in the application materials. Mundo states that research into records indicated that there “have been no previously recorded [historic] sites within the designated search locale.” However, there are existing structures over 50 years old on the subject property, making them eligible for listing on the National Register of Historic Places. This eligibility is usually determined with the completion of a Montana Historic Property Record Form provided by SHPO and completed by an architectural historian. Mundo states that there have been no previously recorded historic sites on the subject property based on their records, but he also states that “few previously conducted cultural resource inventories have been done in the area.” He goes on to write “Based on the lack of previous inventory and the ground disturbance required by this undertaking we feel that this property has potential to impact cultural properties.” Historic preservation of eligible structures is only required by Bozeman Municipal Code within the regulatory area of the Neighborhood Conservation Overlay District (NCOD) and does not apply to this property. However, code provision #25 requires clarification from the applicant and SHPO regarding any potentially eligible historic or cultural resources on site prior to final plat. DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 54 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 32 of 39 38.220.060.A.8 Agriculture This subdivision will not significantly impact agriculture. See discussion above under primary review criteria. 38.220.060.A.9 Agricultural Water User Facilities This subdivision will not significantly impact agricultural water user facilities. See discussion above under primary review criteria. 38.220.060.A.10 Water and Sewer The subdivision will not significantly burden city water and sewer infrastructure with the recommended conditions of approval and code provisions. See discussion above under primary review criteria. The required design report has been provided. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat. 38.220.060.A.11 Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. Permits from the State for stormwater control will be required prior to any onsite construction. 38.220.060.A.12 Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure and will provide adequate improvements to support the development. See discussion above under primary review criteria. 38.220.060.A.13 Utilities This subdivision will not significantly impact utilities. All private utilities servicing the subdivision will be installed underground. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area. 38.220.060.A.14 Educational Facilities No response from Bozeman School District #7 was provided. Code correction #21 requires a response to be provided from the school district regarding impacts the subdivision will have on educational facilities. 38.220.060.A.15 Land Use The use proposed is mixed use residential and community commercial which conforms to the future land use designations and zoning purposes. The property has a future land use designation of Residential Mixed Use and Community Commercial Mixed Use and is zoned REMU, Residential Emphasis Mixed Use and B-2M, Community Business - Mixed. The correlation table on page 58 of the 2020 Community Plan shows REMU and B-2M zoning as implementing districts of the Residential Mixed Use, and Community Commercial Mixed Use land use designations. DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 55 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 33 of 39 38.220.060.A.16 Parks and Recreation Facilities See discussion above under primary review criteria. 38.220.060.A.17 Neighborhood Center Plan The neighborhood center will be provided by the proposed commercial development within the subdivision. The application materials indicate the 15 acre area is intended to have uses “such as daycares, smaller scale groceries, bakeries, coffee shops, retail stores, small restaurants, and offices.” The code allows the requirement that the neighborhood center be within 600 feet from the geographic center point of the development may be waived if the center is a neighborhood commercial center. New neighborhood commercial centers are subject to the community design framework master plan provisions of sections 38.230.130 and 38.510.030.L establishing block frontage designations for future development. Condition of approval #6 requires the applicant to update the Community Design Framework Master Plan with the Phase 1 final plat application which establishes the parcels for the commercial node. Further project design review of the commercial node is expected with subsequent development review applications required for commercial development. 38.220.060.A.18 Lighting Plan Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A Special Improvement Lighting District (SILD) will be created prior to final plat application. Code provision 17 is related to this issue. 38.220.060.A.19 Miscellaneous The proposed subdivision will improve the access to public lands by including additional City parkland. A Master Site Plan Application no. 19440 was approved on December 22, 2020. Section 38.310.060.B requires a master site plan or PUD review in all REMU zoning districts larger than 5-acres. This plan is intended to provide a design framework and act as a guiding document for REMU zoning compliance for phase 1 and all future subdivisions within the subject property. 38.220.060.A.20 Affordable Housing Phase 1 of the subdivision application is not subject to affordable housing requirement as no market rate homes are proposed. Affordable housing requirements will be evaluated with each subsequent subdivision or site plan application. SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 56 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 34 of 39 B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public hearing on February 2, 2021 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, clarified unresolved issues and summarized the public comment submitted to the City prior to the public hearing. D. The applicant, NWX LLC, acknowledged understanding and agreement with the recommended conditions of approval and code provisions. E. The City Commission requested public comment at the public hearing on February 2, 2021 and three members of the public offered testimony on the subdivision. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this single phased major subdivision shall be effective for two (2) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 57 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 35 of 39 DATED this 2nd day of March, 2021 BOZEMAN CITY COMMISSION _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 58 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 36 of 39 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is zoned REMU, Residential Emphasis Mixed Use District. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3 .Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b .Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e .Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian- oriented complete streets. 5.Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8 .Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c .Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 59 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 37 of 39 Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. The property is also zoned B-2M, Community Business District – Mixed. The intent of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. Adopted Growth Policy Designation: This property is designated as Residential Mixed Use in the 2020 Community Plan. This category promotes neighborhoods substantially dominated by housing, yet integrated with small-scale commercial and civic uses. The housing can include single-attached and small single-detached dwellings, apartments, and live-work units. If buildings include ground floor commercial uses, residences should be located on upper floor. Variation in building mass, height, and other design characteristics should contribute to a complete and interesting streetscape. Secondary supporting uses, such as retail, office, and civic uses, are permitted on the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation in larger structures. Stand alone, large, non-residential uses are discouraged. Non- residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is appropriate near commercial centers. Larger areas should be well served by multimodal transportation routes. Multi-unit, higher density, urban development is expected. Any development within this category should have a well-integrated transportation and open space network that encourages pedestrian activity and provides ready- access within and adjacent development. While the nature of development for the entire REMU area in this subdivision is not yet known, development will be guided according to the Residential Emphasis Mixed Use (REMU) zoning designation that correlates with this district. The applicant has proposed multi-household higher density housing adjacent to the commercial node in the approved master site plan associated with this site, with medium and lower density attached and detached single-household making up the balance of the plan. This property is also designated as Community Commercial Mixed Use. The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 60 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 38 of 39 Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. The proposed subdivision is meeting the 2020 Plan with the commercial areas that will serve both the surrounding neighborhoods and broader community, and will function as a service center for the neighborhoods within the development. The southeast corner of the proposed master site plan has this community plan designation and is approximately 29 acres, with 15 acres being developed with primarily commercial uses. This commercial area will serve two functions with appropriate land uses placed along two arterial roads to serve the broader community including the new Gallatin High School, adjacent residential neighborhoods, and activities in the adjacent Sports Park, as well as functioning as the neighborhood center for the larger development with bicycle and pedestrian connectivity from within the broader 160 acres. APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. BMC 38.220.420, Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet on January 10, 2021. The site was posted with a notice on January 10, 2021, and a legal advertisement was published in the Bozeman Daily Chronicle on January 10, 2021. Content of the notice contained all elements required by Article 38.220., BMC. No public comment has been received. APPENDIX C – PROJECT BACKGROUND Resolution 5078 was approved by the City Commission on June 24, 2019 annexing the subject property into the City. Ordinance 2021 adopting zoning of REMU and B-2M was approved on July 15, 2019. A subdivision pre-application plan was reviewed by the Development Review DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 61 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 39 of 39 Committee in January of 2020. A Master Site Plan Application no. 19440 was approved on December 22, 2020. Section 38.310.060.B requires a master site plan or PUD review in all REMU zoning districts larger than 5-acres. This plan is intended to provide a design framework for phase 1 and all future subdivisions within the subject property. The entitlement period for the master site plan is 5 years. APPENDIX D - OWNER INFORMATION Owner/Applicant: NWX, LLC, 1735 S. 19th Ave., Suite B, Bozeman, MT 59718 Representatives: Morrison-Maierle, Inc., 2880 Technology Blvd. West, Bozeman, MT 59771 Report By: Danielle Garber, Associate Planner. ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #20113, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. http://weblink.bozeman.net/WebLink8/0/fol/210791/Row1.aspx Public Comment: None to date DocuSign Envelope ID: B56ACB67-66F7-48E8-9A46-EFE89D7DC06B 62 Memorandum REPORT TO:City Commission FROM: Susana Montana, Senior Planner, Development Review Division Brian Krueger, Manager, Development Review Division Anna Bentley, Interim Director/ Deputy Director, Community Development Department SUBJECT: Approval of a Minor Subdivision Final Plat for the Eastlake Professional Center Subdivision to Divide a 7.65 Acre Parcel into Four Commercial Lots Zoned B-2M, Community Business District-Mixed MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve the Eastlake Professional Center Minor Subdivision Final Plat. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The Eastlake Professional Center LLC, owner and Applicant, submitted a Preliminary Plat (PP) application to divide a 7.65 acre parcel, Lot 1A of the Minor Subdivision 221E, into four commercial lots. This PP application was approved with conditions and code provisions on August 10, 2021. Subsequent to approval of the PP, the Applicant submitted a site plan for a medical office building on Lot 4 of the subdivision. The public improvements for the subdivision are not complete and the Applicant seeks to request concurrent construction of the medical office building site while the roads, water and sewer improvements to the subdivision are under construction. The Bozeman Municipal Code (BMC) requires the Applicant to request concurrent construction at the initial Preliminary Plat application submittal. Therefore, the Applicant sought a Modification to the approved PP in order to be allowed to request concurrent construction of infrastructure while the office building is being constructed. The PP Modification was approved by the City Commission on March 22, 2022 with new conditions of approval to the previously-approved conditions which are related to assurances for 63 completion of improvements. The Final Plat application meets/satisfies all conditions of approval, including those for concurrent construction of the subdivision public improvements and the office building private improvements. UNRESOLVED ISSUES:None ALTERNATIVES:None. FISCAL EFFECTS:None. Individual developments within each lot would pay impact fees for City services. Attachments: 21447- Findings of Fact - Eastlake Professional Center Minor Subdivision Prelim Plat (1).pdf 22099 Eastlake Prof Cntr Final Plat.pdf 22099 Eastlake Prof Cntr FP Commission Memo.docx Report compiled on: June 14, 2022 64 21447, Findings of Fact, Eastlake Professional Center Minor Subdivision Preliminary Plat Mod Page 1 of 25 Bozeman City Commission Findings of Fact and Order for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification, 21447 Finding of Fact Public Hearing Date: City Commission, March 22, 2022 Preliminary Plat Modification Public Hearing Date: City Commission meeting was held on March 1, 2022 at 6:00 pm. Via WebEx. https://www.bozeman.net/government/city- commission/city-commission-video Project Description: A modification of an approved Eastlake Professional Center subsequent minor preliminary plat subdivision of a 7.65-acre property to create four commercially- zoned lots. Legal Description: The property is legally described as Lot 1A of the Minor Subdivision 221E. Project Location: The property is unaddressed and is located in Section 26, Township 01 South, Range 05 East, PMM, Bozeman, Montana at the southeast corner of N. 27th Avenue and E. Valley Center Road. The property is zoned B-2M, Community Business District—Mixed. Development Review Committee (DRC) Recommendation: On January 7, 2022, the DRC determined that the application conforms to Bozeman Municipal Code (BMC) standards and is sufficient for approval with staff-recommended conditions and code provisions. City Commission Decision on the Preliminary Plat Modification: On March 1, 2022, having reviewed and considered the application materials and all the information presented, the City Commission, by a vote of 5 to 0, adopted the findings presented in the staff report for application 21447 and approved the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification with conditions and subject to all applicable code provisions. City Commission Recommended Motion for this Finding of Fact and Order: “Having reviewed and considered the application materials and all the information presented, I hereby adopt the findings presented in the Findings of Fact and Order staff report for application 21447 and move to approve the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification with conditions and subject to all applicable code provisions.” Report Date: March 3, 2022 Staff Contact: Susana Montana, Senior Planner Agenda Item Type: Action (Quasi-judicial) DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 65 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 2 of 25 EXECUTIVE SUMMARY Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Modification application on November 29, 2021 requesting a modification to the approved Eastlake Professional Center Subsequent Minor Subdivision Preliminary Plat, dividing one 7.65 acre lot into four commercially- zoned lots. The current 7.65 acre Lot 1A of Minor Subdivision No. 221E is undeveloped land. This Preliminary Plat (PP) was conditionally-approved on August 10, 2021 by signature of the Mayor on a Findings of Fact Order after a June 8, 2021 public hearing before the City Commission to discuss the merits of the subdivision application. The modifications would allow the Applicant to request concurrent construction of infrastructure for the subdivision while constructing a building and site improvements on the new Lot 4. The modifications now sought relate to revised conditions of approval and code requirements of the previously-approved PP which reflect assurances for the proposed infrastructure improvements as well as removal of conditions that are already completed/met. Purpose of the Modification. Subsequent to the August 2021 approval of the PP, the Applicant discovered that he needed to request concurrent construction of public and private infrastructure for this subdivision. The Bozeman Municipal Code (BMC) Section 38.270.030.B.1.a, Completion of Improvements, requires all improvements to subdivisions to be completed and approved by the City before any building permit for any lot within the subdivision can be issued. The exception to this rule is when the Applicant requests concurrent construction of infrastructure improvements at the initial application for the subdivision—at preliminary plat application. The Applicant for this subdivision did not request concurrent construction or submit an Improvements Agreement request at the initial submittal of the PP. This Modification to the previously approved PP represents the proper route for submittal of the Concurrent Construction request, pursuant to 38.270.030.D Exception for Concurrent construction, and allows the Applicant to request to enter into an Improvements Agreement (IA) and financial sureties for those improvements, pursuant to 38.270.030.B.1.b.2. The PP map remains the same as was approved in August 2021. Since that time, however, some of the original conditions of approval and BMC code provisions have been met by the Applicant and are no longer listed in the PP recommended conditions and code provisions. Remaining unmet conditions and code provisions from the August 2021 PP approval are carried forward to this PP. This Modification to the PP would add six new BMC code provisions that must be met with the Final Plat. These code provisions would allow the Applicant to submit an Improvements Agreement and Financial Surety documents to assure that roads, water and sewer lines, stormwater DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 66 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 3 of 25 ponds, landscaping in public rights-of-way and other improvements for the subdivision would be completed, inspected and accepted by the City prior to issuance of any certificate of occupancy for any building within the subdivision, such as that of Lot 4. Importantly, it would allow the Applicant to submit building permits for the medical office building on Lot 4 and, when approved, to construct the building and site improvements concurrently with the construction of private and public infrastructure for the subdivision. The request for concurrent construction requires the addition of the following standard code provisions which are shown as Numbers 5 through 10 on pages 12 and 13 of this report. 1. BMC 38.270.030.D.2 - The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in section 38.270.080. If a financial security is used, the amount would be determined by the City and in an amount not less than 150 percent of the cost of the improvements verified against City publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the City may be used. The security must be in the name of the City and must be at least six months longer than the time of performance required by the improvements agreement. 2. BMC 38.270.030.D.4 - Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the Montana Department of Environmental Quality prior to issuance of any building permit for the development. 3. BMC 38.270.030.D.6 - The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the City. The commercial general liability policy must name the City as an additional insured. The developer must furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof. 4. BMC 38.270.030.D.10 - The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section. 5. BMC 38.270.030.D.14 - Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval of the Community Development Director in consultation with the City Engineer and with a recommendation from the development review committee. 6. BMC 38.240.400.A - Where improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of public improvements. The certificate must list all completed and accepted improvements. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 67 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 4 of 25 Preliminary Plat Description and Review Process This subdivision is a subsequent minor subdivision from a previously recorded minor subdivision of a tract of record and, per 38.240.140.A.2 and MCA 76-1-107, the Planning Board delegates its review of all minor subdivisions from a tract of land of record to the Community Development Director. Therefore, the Community Development Board, acting as the Planning Board, does not review this application. Pursuant to BMC 38.200.010.A, 38.240.100 and 38.240.150.A, the City Commission must review and take action on all proposed subdivisions via either a public meeting or a public hearing. Pursuant to 38.240.130, subsequent minor preliminary plats require a public hearing before the City Commission. On January 7, 2022, the Development Review Committee (DRC) found this application adequate for public notice and review by the City Commission. Pursuant to BMC 38.240.100, the final decision for a subsequent minor subdivision preliminary plat must be made by the City Commission within 60 working days of the date it was deemed adequate or, in this case, by April 4, 2022. The City Commission public hearing on this application was held on March 1, 2022. This Finding of Fact and Order hearing is scheduled for March 22, 2022. The subdivider does not request any subdivision or zoning variances with this application. The City did not receive any written public comment on the application as of the writing of this report. Alternatives 1. Approve the application with the recommended conditions and code provisions; 2. Approve the application with minor clarifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations and all the information presented, they made individual findings and voted 5 to 0 to approve the motion to approve the subdivision preliminary plat modification application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code (BMC). Therefore, the application was approved with conditions and applicable code provisions outlined in these findings. This report is based on the submitted application materials. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Development viewer as well. No public comments have been received as of the writing of this report. Should written DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 68 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 5 of 25 public comments be received, they would be included in the City’s Laserfiche archive and available to the public. The City Commission’s review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web paged filed under March 1, 2022: https://www.bozeman.net/government/city-commission/city-commission-video TABLE OF CONTENTS EXECUTIVE SUMMARY .......................................................................................................... 2 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 4 SECTION 1 – MAP SERIES ....................................................................................................... 6 SECTION 2 – REQUESTED VARIANCES ............................................................................ 10 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .................................... 10 SECTION 4 – BMC CODE PROVISION REQUIREMENTS .............................................. 11 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ...................................... 14 SECTION 6 – STAFF ANALYSIS AND FINDINGS ............................................................. 14 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. ............... 14 Primary Subdivision Review Criteria, Section 76-3-608………………………… …16 Compliance with BMC 38.220.060. adopted standards............................................... 18 SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS .................. 20 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .............................. 23 APPENDIX B – NOTICING...................................................................................................... 25 APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ........................... 25 FISCAL EFFECTS ..................................................................................................................... 25 ATTACHMENTS ....................................................................................................................... 25 DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 69 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 6 of 25 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 21447 DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 70 21447, Findings of Fact, Eastlake Professional Center Minor Subdivision Preliminary Plat Mod Page 7 of 25 Exhibit 2 – Community Plan 2020 Future Land Use DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 71 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 8 of 25 Exhibit 3 – Current Land Use Map Undeveloped DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 72 21447, Findings of Fact, Eastlake Professional Center Minor Subdivision Preliminary Plat Mod Page 9 of 25 Exhibit 4 – Existing Adopted and Proposed Preliminary Plat (no physical change) Lot 4 DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 73 21447, Findings of Fact, Eastlake Professional Center Minor Subdivision Preliminary Plat Mod Page 10 of 25 SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL The following conditions of approval and code provisions are offered to satisfy City and relevant State requirements as well as site-specific mitigation for potential adverse impacts associated with development of the proposed subdivision. The conditions of approval are in addition to the required BMC code provisions identified in this report. The conditions are specific to this preliminary plat application. Staff has considered the impacts as identified in the staff analysis and application materials and the conditions of approval are deemed reasonably-related and roughly-proportionate to the development of this subdivision. Recommended Conditions of Approval: 1.38.410.060. Easements.The existing 10 foot utility easement must be released and cannot be shown on the final plat. 2.38.400.060. Street Improvements. The Applicant must provide and file with the County Clerk and Recorder's office City-approved and Applicant-executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a.Street improvements to North 27th Avenue including paving, curb/gutter, sidewalk, and storm drainage; b.Street improvements to Catamount Street including paving, curb/gutter, sidewalk, and storm drainage; c.Street improvements to East Valley Center Road including paving, curb/gutter, sidewalk, and storm drainage; d.Intersection improvements to North 27th Avenue and Catamount Street; e.Intersection improvements to East Valley Center Road and Catamount Street; f.Intersection improvements to North 27th Avenue and East Valley Center Road; g.Intersection improvements to North 19th Avenue and East Valley Center Road; and h.The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The Applicant must provide the City Engineer with a copy of the filed SID waivers prior any future development of the subdivision. 3.The proposed project falls within the Bozeman Solvent Site boundary. The property is underlain by an aquifer contaminated with perchloroethylene (PCE). No irrigation wells may be installed on this property and any excavation and dewatering would require additional construction oversight. Please contact the Montana Department of Environmental Quality for additional information on construction requirements within the solvent site area. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 74 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 11 of 25 4.The Applicant and prospective buyers of lots within the subdivision are hereby alerted that development of the Site is reliant on completion of offsite water and sewer infrastructure associated with the Billings Clinic Ambulatory Destination Center Phase 1 Site Plan. These improvements are under the control of a third-party developer and contractor and, therefore, are not eligible for Concurrent Construction. These improvements must be completed and accepted by the City prior to Final Plat approval of this Eastlake Professional Center Preliminary Plat. 5.Due to high groundwater on the property, the following notation shall be placed on the Conditions of Approval Sheet of the final plat: “Due to known high groundwater conditions in the area, no basements will be permitted with future development of the site. No crawl space will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles.” SECTION 4 – BMC CODE PROVISION REQUIREMENTS 1.BMC 38.100.080. Compliance with regulations required. The Applicant is advised that unmet Bozeman Municipal Code (BMC) code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the BMC or of State law. 2.38.220.070. - Final plat. a.The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificates. b.A letter from the City Engineer certifying that the following documents have been received: i.As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public improvements, including a complete grading and drainage plan. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 75 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 12 of 25 c.Irrigation system as-builts. The developer must provide irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements, once the irrigation system is installed. The as-builts must include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. d.A conditions of approval sheet addressing the criteria listed in this section must be provided with the final plat as set forth in 24.183.1107 ARM and must: i.Be entitled "Conditions of Approval of the Eastlake Professional Center Subsequent Minor Subdivision" with a title block including the quarter- section, section, township, range, principal meridian, county, and city in which the subdivision is located. ii.Contain any text and/or graphic representations of requirements by the governing body for final plat approval including, but not limited to, setbacks from streams or riparian areas, floodplain boundaries, no-build areas, building envelopes, easements or the use of particular parcels. iii.Include a certification statement by the landowner that the text and/or graphics shown on the conditions of approval sheet(s) represent(s) requirements by the City of Bozeman for final plat approval and that all conditions of subdivision application have been satisfied. iv.Include a notation stating that the information shown is current as of the date of the certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations. v.Include a notation stating that buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat, and that buyers of property are strongly encouraged to contact the Community Development Department and become informed of any limitations on the use of the property prior to closing. vi.List all associated recorded documents and recorded document numbers. vii.List easements, including easements for agricultural water user facilities. 3.38.220.310. - Property owners' association. a.The responsibility of maintenance for the stormwater facilities, and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include weed control, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and stormwater facilities and all open space landscaping. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 76 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 13 of 25 b. All public access areas to be owned and maintained by the property owners association. The final plat must contain the above listed notations on the Conditions of Approval sheet. 4. 38.600.160. - Administration of regulations. The Applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the Applicant prior to final plat submittal. [The following numbers 5 through 10 are related to the request for concurrent construction of infrastructure for the subdivision.] 5. 38.270.030. D.2 – Improvements Agreement. The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in Section 38.270.080. If a financial security is used, the amount would be determined by the City and in an amount not less than 150 percent of the cost of the improvements verified against City publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the City may be used. The security must be in the name of the City and must be at least six months longer than the time of performance required by the improvements agreement. 6. 38.270.030. D.4 – Improvements Agreement. Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the Montana Department of Environmental Quality prior to issuance of any building permit for the development. 7. 38.270.030. D.6 – Liability Assurances. The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the City. The commercial general liability policy must name the City as an additional insured. The developer must furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof. 8. 38.270.030. D.10 – Construction Period Service Provision. The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 77 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 14 of 25 9.38.270.030. D.14 – Concurrent Construction Plan. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval of the Community Development Director in consultation with the City Engineer and with a recommendation from the development review committee. 10.38.240.400. A – Certificate of Completion on the Plat. Where improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of public improvements. The certificate must list all completed and accepted improvements. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS On January 7, 2022, the Development Review Committee (DRC) determined that the Eastlake Professional Center Subsequent Minor Subdivision Preliminary Plat Modification application, as revised, conforms to Bozeman Municipal Code (BMC) standards, was adequate for public notice, and is sufficient for approval by the City Commission with the above staff-recommended conditions and code provisions. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. A public hearing is required before a City Commission decision. The City Commission held a public hearing on this subsequent minor subdivision preliminary plat on March 1, 2022 via WebEx at 6 PM. This Finding of Fact and Order public hearing is scheduled for March 22, 2022. A WebEx link is expected to be provided with the City Commission agenda. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal code standards, State statutes, adopted plans, public comment, and all other relevant materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 78 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 15 of 25 in the State of Montana. As noted in Condition of Approval No. 1, a 10-foot utility easement must be released prior to final plat approval. Code Provision Numbers 1 and 2 assures that the final plat would comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. In Code Provision No. 1, the subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal and State standards. The listed code provisions address necessary documentation and compliance with standards these. Therefore, upon satisfaction of all conditions and code corrections the subdivision would comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The March 1, 2022, Bozeman City Commission public hearing was properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission would make the final decision on the subdivider’s request. The Department of Community Development received a preliminary plat modification application on November 29, 2021. The DRC reviewed the application and determined the submittal did not contained detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. A revised application was received on and the DRC determined the application was adequate for continued review on January 7, 2022 and recommended conditions of approval and code corrections for the staff report. The City scheduled public notice for this application for publication in the legal advertisements section of the Bozeman Daily Chronicle on Friday, February 4. 2022 for postings on Sundays, February 6 and February 13, 2022. The Applicant posted public notice on the subject property on February 4, 2022. The Applicant sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on February 4, 2022. No public comment had been received on this application as of the writing of this report. On February 14, 2022, staff completed and forwarded the staff report for this subsequent minor subdivision preliminary plat modification application with a recommendation of conditional approval for consideration by the City Commission at their March 1, 2022 public hearing. The DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 79 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 16 of 25 City Commission must make a final decision on a subsequent minor subdivision preliminary plat within 60 working days of the January 7, 2022 date this application was deemed “adequate”, in this case, the 60 working day period ends on April 4, 2022. This Finding of Fact and Order public hearing before the City Commission is scheduled for March 22, 2022. 4) Compliance with BMC Chapter 38, MCA 76-3-608(3) (a), and other relevant regulations. Community Development staff and the DRC reviewed the preliminary plat modification against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required BMC Code Provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities would conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. MCA Criteria, Section 76-3-608 Compliance 1)The effect on agriculture This subdivision would not impact agriculture. The property is currently undeveloped land, covered in native grasses and there is no agricultural production on the property. The City of Bozeman Community Plan Future Land Use Map designates the subject property as Regional Commercial and Services which allows for commercial uses and the property is zoned B-2M, Community Business District--Mixed. 2) The effect on Agricultural water user facilities This subdivision would not impact agricultural water user facilities as no irrigation facilities are present on the property. Condition No. 3 would assure that the underlying aquifer contaminated by PCE solvent would not be disturbed by development of the property. 3) The effect on Local services Water/Sewer – There is currently no water or sewer infrastructure in place to serve the property. It is anticipated that mains would be constructed to the west side of North 27th with the Billings Clinic project, prior to Phase 1 construction per Condition of Approval No. 4. Utilities – Utilities to serve the site would be constructed with Phase 1 and would connect to the new mains to be constructed with the Billings Clinic development to the west. NorthWestern Energy would be providing gas and electrical services to the proposed subdivision. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 80 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 17 of 25 Streets – Improvements to North 27th Ave. from E. Valley Center Road to Honor Lane would include full build out to City of Bozeman collector designation cross section standards and full construction of Honor Lane from North 27th to the southeast corner of the property would be constructed with Phase 1. Police/Fire – The City’s Police and Fire emergency response area includes the subject property. This subdivision does not impact the City’s ability to provide emergency services to the property. Stormwater – The subsequent minor subdivision would not significantly impact stormwater infrastructure. Stormwater infrastructure would be constructed and would be managed by the property owners’ association per Code Provision No. 7 and would be managed on an individual lot basis. Parkland – The proposed subdivision is wholly commercial and is not required to provide parkland. If and when residential development occurs, parkland would be reassessed at that time. 4) The effect on the Natural environment No significant physical or topographical features have been identified, (e.g., outcroppings, geological formations, steep slopes), on the subject property. Provisions would be made to address the control of noxious weeds and maintenance of the property and would be further addressed by inclusion in the existing protective covenants and compliance with the recommended Code Provision No. 7. 5) The effect on Wildlife and wildlife habitat The subdivision would not significantly impact wildlife and wildlife habitat. The subdivision is zoned for commercial development and is surrounded by adjacent commercially-zoned properties that are either developed or are in the early stages of development. There are no known endangered or significant wildlife populations on the property. 6) The effect on Public health and safety With the recommended Conditions of Approval and required Code Provisions, the subdivision would not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The DRC reviewed the subsequent minor subdivision preliminary plat modification and determined that, with the recommended conditions and code provisions, it is in compliance with the BMC. This staff report notes all other conditions deemed necessary to ensure compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3- 608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 81 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 18 of 25 Development reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. This report includes findings to justify the recommended site-specific Conditions of Approval for reasonable mitigation of impacts from the proposed minor subdivision. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities Per Code Provision No. 1, the final plat would provide and depict all necessary utilities and required utility easements. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat would provide legal and physical access to each parcel within the subdivision. All of the proposed lots would have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. BMC 38.220.060. Documentation of compliance with adopted standards The Development Review Committee (DRC) completed a subdivision pre-application plan review on September 16, 2020 and no waivers or variances were requested. Staff offers the following summary comments on the documents required with BMC Article 38.220.060. 38.220.060. A.1 – Surface water Although the subdivision is named “Eastlake” Professional Center, there is no lake or any surface water on or in the vicinity of the site. Cattail Lake and Cattail Creek lie approximately one-quarter mile to the southwest of the property (“as the crow flies”). 38.220.060. A.2 - Floodplains No mapped 100-year floodplains impact the subject property. The elevation of the site is higher than the elevation of the 0.2-percent annual chance flood. This subdivision would not be impacted by floodplains. 38.220.060. A.3 - Groundwater Groundwater can be found on-site between 67 inches and 112 inches. Test pit locations and results were provided with the application. Condition of Approval No. 6 prohibits the construction of basements on individual lots which would mitigate the impacts of high groundwater on the site. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 82 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 19 of 25 38.220.060. A.4 - Geology, Soils and Slopes This subdivision would not significantly impact the geology, soils or slopes. No significant geological features or slopes exist on the site. 38.220.060. A.5 - Vegetation This subdivision would not significantly impact vegetation. No critical plant communities have been identified on- site. 38.220.060. A.6 - Wildlife This subdivision would not significantly impact wildlife. The proposed subdivision does not contain any known critical, significant or key wildlife areas. 38.220.060. A.7 - Agriculture This subdivision would not impact agriculture. The City of Bozeman Community Plan designates the subject property as Regional Commercial and Services and the Community Business District –Mixed (B-2M) zoning designation allows for commercial uses. The lot is currently undeveloped land, covered in native grasses and there is no agricultural production on the property. 38.220.060. A.8 - Agricultural Water User Facilities This subdivision would not impact agricultural water user facilities. No irrigation facilities are present on the lots. 38.220.060. A.9 - Water and Sewer The subdivision would not significantly impact city water and sewer infrastructure. Water and sewer improvements would be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. 38.220.060. A.10 - Stormwater Management The subdivision would not significantly impact stormwater infrastructure. Stormwater infrastructure would be constructed and would be managed and maintained by the property owners’ association per Code Provision No.7. 38.220.060. A.11 - Streets, Roads and Alleys The subdivision would not significantly impact the City’s street infrastructure and would provide adequate improvements to support the development. Condition of Approval No. 2 would assure adequate road improvements in the area. 38.220.060. A.12 – Non-Municipal Utilities This subdivision would not significantly impact existing utilities. Utilities to serve the site would be constructed with Phase 1 and would connect to the new mains to be constructed with the Billings Clinic development to the west. NorthWestern Energy would be providing gas and electrical services to the proposed subdivision. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 83 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 20 of 25 38.220.060. A.13 - Land Use The subdivision would not significantly impact land use. The proposed subdivision would create four lots for commercial uses. The property is zoned B-2M, Community Business District –Mixed and is designated as a commercial area in the Community Plan 2020. It is anticipated that the commercial uses of the property would complement the adjacent 50-plus acre medical “campus” proposed by the Billings Medical Center. 38.220.060. A.14 - Parks and Recreation Facilities This proposed subdivision is commercial and would not require parkland dedication. 38.220.060. A.15 - Neighborhood Center Plan This proposed subdivision is commercial and would not require a neighborhood center. 38.220.060. A.16 - Lighting Plan A lighting plan was submitted with the application for this proposed subdivision. Site and street lighting would be installed with Phase 1 and conform to City of Bozeman standards. 38.220.060. A.17 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. 38.220.060. A.18 - Affordable Housing The subdivision is wholly commercial does not propose any housing. SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A.PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B.The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C.The matter of the preliminary plat modification application was considered by the City Commission at a public hearing on March 1, 2022 at which time the Department of Community Development Staff reviewed the project, submitted and summarized code evaluation of the application and summarized the conditions of approval. D.The Applicant’s representative, Intrinsik Architecture, Inc., acknowledged understanding and agreement with the recommended conditions of approval and code provisions. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 84 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 21 of 25 E.The City Commission requested public comment at the public hearing on March 1, 2022 and none was received. The linked minutes and recorded video of the meeting is located at the following web paged filed under March 1, 2022: https://www.bozeman.net/government/city-commission/city-commission-video F.It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat modification would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the City Commission makes the following decision. G.The preliminary plat modification has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review and this report, justify the conditions imposed on this development to ensure that the final plat and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H.This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. Pursuant to BMC 38.240.130.A.5.f, the conditional-approval of this minor subsequent subdivision preliminary plat shall be effective for one (1) year from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this ______ day of ___________, 2022 BOZEMAN CITY COMMISSION ____________________________ Cynthia L. Andrus Mayor DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 22 March 85 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 22 of 25 ATTEST _______________________ Mike Maas City Clerk APPROVED AS TO FORM: ___________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 86 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 23 of 25 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned B-2M, Community Business District - Mixed. The intent of the B- 2M District is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the City. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi- household residential as a secondary use. Design standards emphasizing pedestrian-oriented building designs are important elements of this district. This property is adjacent to the 50-plus acre proposed Billings Clinic-Bozeman Medical Campus and it is anticipated that businesses locating within this Eastlake Professional Center subdivision would be related and compatible medical services or serving that clientele. Adopted Growth Policy Designation: The subject property is designated as Regional Commercial and Services. This category designates places where the primary activity should be regional-serving and prominent commercial uses requiring substantial infrastructure and location near significant transportation facilities. Development within this category needs well-integrated utilities, transportation and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. This proposed subdivision is well-suited to implement the Regional Commercial and Services designation based on the location near major thoroughfares and the adjacency to other commercial and residential areas that are in various stages of development. The proposed subdivision would blend well with adjacent properties and uses and includes a pedestrian right-of-way that connects N. 27th, across from the access to the future Billings Clinic Campus development, to the shared use path, east of the property. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 87 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 24 of 25 Exhibit 5 – Community Plan Future Land Use Designations Correlating to Zoning Districts DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 88 21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Page 25 of 25 APPENDIX B – NOTICING Notice was provided at least 15 and not more than 45 days prior to the City Commission public hearing per BMC 38.220.420, The City provided public notice for this application in the following ways: (1) publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, February 6 and Sunday, February 13, 2022; (2) the Applicant posted public notice on the subject property on February 4, 2022; and (3) the Applicant sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on February 4, 2022. No public comment had been received on this application as of the March 3, 2022 writing of this report. APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF Owner: Eastlake Professional Center, LLC, 5073 Patterson Road, Bozeman, MT 59718 Applicant: Eastlake Professional Center, LLC, 5073 Patterson Road, Bozeman, MT 59718 Representative: Intrinsik Architecture, Inc., 111 North Tracy Ave, Bozeman, MT 59715 Report By: Susana Montana, Senior Planner Cody Flammond, Project Engineer FISCAL EFFECTS No unusual fiscal effects have been identified due to Condition of Approval No. 2 which requires the Applicant to waive the right to protest creation of Special Improvement Districts for street improvements near and serving the proposed subdivision. No presently budgeted funds would be changed by this subdivision. ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #21447, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=232508&cr=1 This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-447 Public Comment: None to date. DocuSign Envelope ID: FB5660C1-5BAE-4FE2-9119-CAFC814C8255 89 C h B r g =N1 8 °4 4 '59 "E Ch Di st =263. 3 0''''''''''''''''''''''''''''''''''''''''' L =2 6 7 .5 9 ' [267 .56 '] R=430.00' N00°54'39"E 486.42'S89°50'55"W 462.44'S00°54'50"W 608.87'S53°26'06"E 379.86'N3 6 ° 3 4 ' 5 8 " E 1 2 5 . 3 1 'SURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:Engineeringtdhengineering.comMONTANAWASHINGTONIDAHOGREAT FALLS-BOZEMAN-KALISPELL-SHELBYLEWISTONSPOKANENORTH DAKOTAWATFORD CITYB16-08990 Ch B r g =N1 8 °44'5 9"E Ch Di st =263.30'''''''''''''''''''''''''''''''''''''''''L =2 6 7 .5 9 ' [2 67 .56 '] R=430.00'N00°54'39"E 486.42'S89°50'55"W 462.44'S00°54'50"W 608.87'S53°26'06"E 379.86'N36°34'58"E 125.31'SURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:Engineeringtdhengineering.comMONTANAWASHINGTONIDAHOGREAT FALLS-BOZEMAN-KALISPELL-SHELBYLEWISTONSPOKANENORTH DAKOTAWATFORD CITYB16-08991 Commission Memorandum REPORT TO: Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Susana Montana, Senior Planner SUBJECT: Approve the Final Plat for the Eastlake Professional Center Minor Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman and authorize the Interim Director/Deputy Director of Community Development to execute the improvements agreements on behalf of the City of Bozeman; Application No. 22099. 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. MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Consent. RECOMMENDATION: That the City Commission approve the Final Plat for the Eastlake Professional Center Minor Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman and authorize the Interim Director/Deputy Director of Community Development to execute the improvements agreements on behalf of the City of Bozeman. BACKGROUND:The 7.65-acre Eastlake Professional Center Minor Subdivision Preliminary Plat is a four-lot, wholly commercial subdivision. The subdivision was granted Preliminary Plat approval on June 8, 2021. Subsequent to the final plat approval, one of the lots, Lot 4, was given site plan approval to develop a medical office building. In order to proceed with development of the subdivision infrastructure concurrently with construction of the medical office building, Concurrent Construction approval was necessary. However, July 2021 amendments to the Unified Development Code required the Applicant to request Concurrent Construction at the beginning of the Preliminary Plat review stage. Since the Lot 4 development was not known at that stage, the Applicant did not meet this requirement. Therefore, the Applicant submitted a Preliminary Plat Modification application to request Concurrent Construction of the subdivision infrastructure and the Lot 4 development which required new conditions of approval on the Preliminary Plat. 92 On March 1, 2022, the Bozeman City Commission conducted their review of the Preliminary Plat Modification application for the Eastlake Professional Center Minor Subdivision and voted 5-0 to approve the preliminary plat application as modified from the June 8, 2021 Preliminary Plat (PP) approval. On March 22, 2022, the Commission, on consent agenda, voted 5-0 to approve the Findings of Fact and Order for the approval of the modified Eastlake Professional Center Minor Subdivision Preliminary Plat with the recommended conditions and code provisions. On March 22, 2022, the Mayor signed the Findings of Fact and Order document. §76-3-611(1), MCA, provides that the City Commission shall approve the plat only if: (a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and regulations adopted pursuant to this chapter; and (b) the County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. All terms and conditions of the preliminary plat approval have been met. An Improvements Agreement is required for final plat approval of this subdivision to allow concurrent construction of public infrastructure for the subdivision with site improvements to Lot 4 of the new subdivision. The improvements agreement guarantees the installation of street improvements, water improvements, storm drain improvements and site electrical improvements. The improvements agreement guarantees completion of these improvements within one year of the filing of the final plat. A Letter of Credit guarantee has been provided in the amount of one million, three hundred twenty four thousand six dollars and five cents ($1,324,006.00)from First Security Bank, effective until May 25, 2023. This amount is one hundred and fifty (150) percent of the estimated cost of the Improvements. UNRESOLVED ISSUES: None identified. ALTERNATIVES: None suggested or proposed. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Report compiled on: June 14, 2022 Attachments: Final Plat Preliminary Plat Findings of Face and Order 93 94 Memorandum REPORT TO:City Commission FROM:Susana Montana, Senior Planner Brian Kreuger, Manager, Development Review Division Anna Bentley, Interim Director/Deputy Director, Community Development Department. SUBJECT:Approval of the 413 to 415 N. Montana Avenue Minor Subdivision Final Plat to Subdivide a 9,755 Square Foot Parcel into Two Lots MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve the Final Plat of the 413 to 415 N. Montana Avenue Minor Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman. 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: On January 25, 2022, the Bozeman City Commission conducted their review of the Preliminary Plat application for the 413-415 N. Montana Avenue Minor Subdivision, a two-lot-split for residential development, and voted unanimously to approve the preliminary plat application. The Commission approved the Preliminary Plat Finding of Fact and Order on March 1, 2022. The 9,755 gross square foot property is zoned R-2, Moderate Density Residential District, and is legally described as Lot 4B of Amended Plat of a Portion of Lot 4 of Beall’s First Addition Subdivision. The purpose of the subdivision of a single lot into two lots is to build a two-unit townhouse structure; one unit on each lot. UNRESOLVED ISSUES:None identified. ALTERNATIVES:None suggested or proposed. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. 95 Attachments: 006 Final Plat .pdf 22116 415 N Montana PP Findings of Fact.pdf 22116 Commission memo.docx Report compiled on: June 14, 2022 96 NORTH MONTANA AVENUE LOT 4B-1LOT 4B-2RTSec.1/4COUNTY:0FeetDRAWN :DATE :1 of 1SHEET NO.404 East Madison AvenueBelgrade, Montana 59714Phone:(406)539-9086E-MAIL: davidmalbert@aol.comDAVID M. ALBERTProfessional Land Surveyor2010597 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 1 of 18 Bozeman City Commission Findings of Fact and Order for the N. Montana Ave. Minor Subdivision Preliminary Plat, 21224 Public Hearing Date: City Commission meeting was held on Tuesday January 25, 2022 at 6:00 pm. Link: https://bozeman.granicus.com/player/clip/228?view_id=1&redirect=true Project Description: A subsequent minor preliminary plat application to allow the subdivision of a 9,755.97 square foot lot to be subdivided into two lots. Project Location: The property is legally described as Lot 4B of Amended Plat of a Portion of Lot 4 of Beall’s First Addition, Bozeman, Montana. The property is zoned R-2, Moderate Density Residential. Recommendation: Approval with conditions and code provisions. Recommended Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21224 and move to approve the N. Montana Ave. Minor Subdivision with conditions and subject to all applicable code provisions.” Report Date: January 12, 2022 Staff Contact: Jacob Miller, Associate Planner Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Application on August, 18, 2021 requesting a subsequent minor subdivision of one lot of 9,755.97 square feet into two lots for the purpose of building a two-unit townhouse building. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. State statute requires a public hearing before a City Commission decision. On December 2, 2021 the Development Review Committee (DRC) found the application adequate for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. The City did not receive any written public comment on the application as of the writing of this DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 98 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 2 of 18 report. The final decision for a subsequent minor subdivision preliminary plat must be made within 60 working days of the date it was deemed adequate; in this case by February 23, 2022. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 99 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 3 of 18 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues. .............................................................................................................. 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 – MAP SERIES .......................................................................................................... 4 SECTION 2 – REQUESTED VARIANCES ................................................................................. 7 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7 SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 7 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 10 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 10 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. .................... 10 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 12 Preliminary Plat Supplements ........................................................................................... 13 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 17 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 17 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 17 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 18 FISCAL EFFECTS ....................................................................................................................... 18 ATTACHMENTS ......................................................................................................................... 18 DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 100 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 4 of 18 SECTION 1 – MAP SERIES Exhibit 1 – Zoning DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 101 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 5 of 18 Exhibit 2 – Community Plan 2020 Future Land Use DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 102 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 6 of 18 Exhibit 3 – Preliminary Plat DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 103 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 7 of 18 SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. City of Bozeman Resolution 5076, Policy 1 - The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) on City standard form for the following: a. Street improvements to Montana Avenue between Lamme Street to Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at Montana Avenue and Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at Montana Avenue and Lamme Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at Rouse Avenue and Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at Rouse Avenue and Lamme Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to final plat approval. 3. DSSP Section V (D) Alignment – A minimum of ten feet of horizontal separation must be maintained between water and sanitary sewer services and any gas lines, power lines, communication, lines, utility poles or other above-grade utility structures, and street lights. a. The applicant must move the water service and/or gas service to Lot 4B-1 to maintain ten feet of horizontal separation between the two services prior to approval of building permits on either lot. DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 104 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 8 of 18 SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.220.070. - Final plat. a. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificates. b. A letter from the city engineer certifying that the following documents have been received: i. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public improvements, including a complete grading and drainage plan. c. A conditions of approval sheet addressing the criteria listed in this section must be provided with the final plat as set forth in 24.183.1107 ARM and must: i. Be entitled "Conditions of Approval of [insert name of subdivision]" with a title block including the quarter-section, section, township, range, principal meridian, county, and, if applicable, city or town in which the subdivision is located. ii. Contain any text and/or graphic representations of requirements by the governing body for final plat approval including, but not limited to, setbacks from streams or riparian areas, floodplain boundaries, no-build areas, building envelopes, or the use of particular parcels. iii. Include a certification statement by the landowner that the text and/or graphics shown on the conditions of approval sheet(s) represent(s) requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied. iv. Include a notation stating that the information shown is current as of the date of the certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations. v. Include a notation stating that buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat, and that buyers of property are strongly encouraged to contact the local community development department and become informed of any limitations on the use of the property prior to closing. vi. List all associated recorded documents and recorded document numbers. vii. List easements, including easements for agricultural water user facilities. 2. Sec. 38.410.060. - Easements. DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 105 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 9 of 18 a. All dedicated public easements must be recorded the City’s standard template easement documents separate from the plat and the recorded document number must be listed on the final plat. b. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 106 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 10 of 18 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was adequate for continued review and recommended approval with conditions on December 2, 2021. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. A public hearing is required before a City Commission decision. The City Commission is scheduled for a public hearing on this minor subdivision preliminary plat on January 25, 2022 via WebEx at 6 p.m. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman City Commission public hearing was properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 107 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 11 of 18 received on the matter, the City Commission will make the final decision on the subdivider’s request. The Department of Community Development received a preliminary plat application on July 28, 2021. The DRC reviewed the preliminary plat application and determined the submittal did not contained detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision on August 31, 2021. A revised application was received on November 24, 2021. The DRC determined the application was adequate for continued review on December 2, 2021 and recommended conditions of approval and code corrections for the staff report. The City scheduled public notice for this application for publication in the legal advertisements section of the Bozeman Daily Chronicle on Friday, December 18, 2021 for postings on Sundays, December 19 and December 26, 2021. The applicant posted public notice on the subject property on May 23, 2021. The applicant sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on December 18, 2021. No public comment had been received on this application as of the writing of this report. On January 13, 2022 staff completed and forwarded the staff report for this subsequent minor subdivision preliminary plat application with a recommendation of conditional approval for consideration by the City Commission, which is scheduled to make a final decision at its January 25, 2022 public hearing. The City Commission must make a final decision on a subsequent minor subdivision preliminary plat within 60 working days of the date the application was deemed adequate; in this case by February 23, 2022. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code requirement No. 5, requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are located within dedicated street right of ways. DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 108 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 12 of 18 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subdivision will not impact agriculture. The City of Bozeman Community Plan designates the subject property as Urban Neighborhood designation which allows for residential uses. The lot currently has an two-unit residential building that will be demolished so that a two-unit townhouse can be built following recordation of final plat. 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are present on the lots. No water body alterations are proposed. 3) The effect on Local services Water/Sewer – There is currently adequate water and sewer infrastructure on N. Montana Ave to serve the property. Condition of Approval #3 requires that the applicant move the northern water and/or gas service lines to create the standard 10’ of separation. Utilities – Utilities to serve the site are already in place. The applicant has provided an easement for the underground power that will serve the properties. NorthWestern energy will be providing gas and electrical services to the proposed subdivision. Streets – There is not a significant change in use or intensity and therefore will not impact the local street network. Police/Fire – The City’s Police and Fire emergency response area includes the subject property. This subdivision does not impact the City’ ability to provide emergency services to the property. Stormwater – The subsequent minor subdivision will not significantly impact stormwater infrastructure. Little to no intensity of use will be take place. Parkland – The proposed subdivision does not meet the threshold to require parkland dedication. 4) The effect on the Natural environment No significant physical or topographical features have been identified, (e.g., outcroppings, geological formations, steep slopes), on the subject property. Provisions will be made to address the control of noxious weeds and maintenance of the property and will be further addressed by DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 109 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 13 of 18 inclusion in the existing protective covenants and compliance with the recommended conditions of approval. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. The subdivision is zoned for residential uses and is in an existing neighborhood. 6) The effect on Public health and safety With the recommended Conditions of Approval and required plat corrections, the subdivision will not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The DRC reviewed the subsequent minor subdivision preliminary plat and determined that it is in compliance with the title. This staff report notes all other conditions deemed necessary to ensure compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3- 608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community Development reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. This report includes findings to justify the recommended site-specific Conditions of Approval for reasonable mitigation of impacts from the proposed minor subdivision. Preliminary Plat Supplements The Development Review Committee (DRC) completed a subdivision pre-application plan review on August 18, 2021 and no waivers or variances were requested. Staff offers the following summary comments on the supplemental information required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water This subdivision will not significantly impact surface water. No surface water exists in the vicinity of the site. 38.220.060.A.2 - Floodplains No mapped 100-year floodplains impact the subject property. The elevation of the site is higher than the elevation of the 0.2-percent annual chance flood. This subdivision will not be impacted by floodplains. 38.220.060.A.3 - Groundwater This subdivision is not in an area of known high groundwater and will not have any significant impacts. The proposed uses are very similar in scale and intensity as what is existing. 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. No significant geological features or slopes exist on the site. DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 110 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 14 of 18 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. No critical plant communities identified on site. 38.220.060.A.6 - Wildlife This subdivision will not significantly impact wildlife. The proposed subdivision does not contain any known critical, significant or key wildlife areas. 38.220.060.A.7 - Historical Features This subdivision will not significantly impact historic features. The proposed subdivision does not contain any known historic sites. 38.220.060.A.8 - Agriculture This subdivision will not impact agriculture. The City of Bozeman Community Plan designates the subject property as Urban Neighborhood designation which allows for residential uses. The lot currently has an two-unit residential building that will be demolished so that a two-unit townhouse can be built following recordation of final plat. 38.220.060.A.89 - Agricultural Water User Facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are present on the lots. No water body alterations are proposed. 38.220.060.A.10 - Water and Sewer The subdivision will not significantly impact city water and sewer infrastructure. Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. 38.220.060.A.111 - Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. 38.220.060.A.12 - Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure. The subdivision is in an existing neighborhood and will not be adding any intensity of use to the properties. 38.220.060.A.13 - Utilities This subdivision will not significantly impact existing utilities. See discussion above under primary review criteria. 38.220.060.A.14 - Educational Facilities This subdivision will not significantly impact educational facilities. The subdivision is commercial and will not impact enrollment. DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 111 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 15 of 18 38.220.060.A.15 - Land Use The subdivision will not significantly impact land use. The proposed subdivision will create two lots from the existing lot and will build a two-unit townhouse building. The current use is a two- unit household building. 38.220.060.A.16 - Parks and Recreation Facilities This proposed subdivision does not meet the threshold to require parkland dedication. 38.220.060.A.17 - Neighborhood Center Plan This proposed subdivision does not meet the threshold to require a neighborhood center. 38.220.060.A.18 - Lighting Plan A lighting plan was not required for this application. The subdivision is in an existing neighborhood with existing lighting. 38.220.060.A.19 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. 38.220.060.A.20 - Affordable Housing The subdivision does not require affordable housing. SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public hearing on January 25, 2022 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, clarified unresolved issues and summarized the public comment submitted to the City prior to the public hearing. D. The applicant, Gordon Carpenter, acknowledged understanding and agreement with the recommended conditions of approval and code provisions. E. The City Commission requested public comment at the public hearing on January 25, 2022 and did not receive any public comment. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 112 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 16 of 18 Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this single phased major subdivision shall be effective for two (2) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. ATTEST _______________________ Mike Maas City Clerk DATED this ______ day of ___________, 2022 BOZEMAN CITY COMMISSION ____________________________ Cyndy Andrus Mayor APPROVED AS TO FORM: 1st March DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 113 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 17 of 18 ___________________________ GREG SULLIVAN City Attorney APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-2, Residential Moderate Density District. The intent of the R-2 district is to provide for one and two-household development at urban densities within the city in areas that present few or no development constraints. Adopted Growth Policy Designation: The subject property is designated as Urban Neighborhood. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Diversity in housing and complementary uses such as parks, schools etc. are encouraged. This proposed subdivision is well-suited to implement the Urban Neighborhood designation. The proposed two-unit household subdivision will provide diversity of housing in an area of predominantly single-household detached dwellings. The area has been developed as a neighborhood for many years and this subdivision and subsequent development will blend in well. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the property owner, Timothy Bell, 415 N. Montana Ave., Bozeman, MT, and applicant, Gordon Carpenter, PO Box 958, Manhattan, MT 59715 for the subdivision of a 9,755.97 square foot lot into two separate lots in order to build a two-unit townhouse building. The existing two-household residential building will be demolished. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public hearing per BMC 38.220.420, The City scheduled public notice for this application on December 18, 2021 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, December 19 and Sunday, December 26, 2021. The applicant posted public notice on the subject property on December 18, 2021. The City sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on December 18, 2021. No public comment had been received on this application as of the writing of this report. DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 114 21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 18 of 18 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Timothy Bell, 415 N. Montana Ave., Bozeman, MT Applicant: Gordon Carpenter, PO Box 958, Manhattan, MT 59715 Representative: Gordon Carpenter, PO Box 958, Manhattan, MT 59715 Report By: Jacob Miller, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #21224, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=232508&cr=1 This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-224 Public Comment: None to date DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 115 NORTH MONTANA A9ENUELOT 4B-1 LOT 4B-2 57 6HF. 1/4 CO8N7< : 0 FHHW D5A:N :DA7E :1 RI 16HEE 7 NO. 404 EDV W MDGLVR Q AYHQXHBHOJUDGH, MRQWDQ D 59714 PKRQH:(406)539-9086 E-MAIL: GDYLGPDOEHUW@DRO.FRP DA9ID M. ALBE57PURIHVVLRQDO LDQG 6XUYH\RU 20105 DocuSign Envelope ID: AB09F3B8-DD37-4EAF-97E6-F86295AE5DE2 116 Commission Memorandum REPORT TO: Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Susana Montana, Senior Planner, Community Development Department SUBJECT:Approve the Final Plat for the 413-415 N. Montana Avenue Minor Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman; Application 22116. 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. MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Consent RECOMMENDATION: Approve the Final Plat for the 413-415 N. Montana Avenue Minor Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman. BACKGROUND:On January 25, 2022, the Bozeman City Commission conducted their review of the Preliminary Plat application for the 413-415 N. Montana Avenue Minor Subdivision, a two-lot-split for residential development, and voted unanimously to approve the preliminary plat application. The Commission approved the Preliminary Plat Finding of Fact and Order on March 1,2022. The 9,755 gross square foot property is zoned R-2, Moderate Density Residential District, and is legally described as Lot 4B of Amended Plat of a Portion of Lot 4 of Beall’s First Addition Subdivision. The purpose of the subdivision of a single lot into two lots is to build a two-unit townhouse structure; one unit on each lot. §76-3-611(1), MCA, provides that the City Commission shall approve the final plat only if: (a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and regulations adopted pursuant to this chapter; and (b) the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. 117 (2) (a) The governing body may require that final plats and certificates of survey be reviewed for errors and omissions in calculation or drafting by an examining land surveyor before recording with the county clerk and recorder. When the survey data shown on the plat or certificate of survey meets the conditions pursuant to this chapter, the examining land surveyor shall certify the compliance in a printed or stamped certificate on the plat or certificate of survey. The certificate must be signed by the surveyor. §76-3-612.Abstract of title required for review process. (1) The subdivider shall submit with the final plat a certificate of a title abstracter showing the names of the owners of record of the land to be subdivided and the names of lienholders or claimants of record against the land and the written consent to the subdivision by the owners of the land, if other than the subdivider, and any lienholders or claimants of record against the land. (2) The governing body may provide for the review of the abstract or certificate of title of the land in question by the county attorney where the land lies in an unincorporated area or by the city or town attorney when the land lies within the limits of a city or town. These provisions have been met. The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. Attached is a staff memorandum stating the staff has concluded that all terms and conditions of the preliminary plat approval have been met. UNRESOLVED ISSUES: None identified. ALTERNATIVES: None suggested or proposed. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Report compiled on: June 14, 2022 Attachments: Final Plat Findings of Fact and Order for the Preliminary Plat; Project 21224 118 Memorandum REPORT TO:City Commission FROM:Mikaela Schultz, Engineer I Nicolas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Utility Easement with Timothy J Bell for the 413-415 North Montana subdivision Final Plat (22116) MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Utility Easement with Timothy J Bell for the 415-415 North Montana subdivision Final Plat (22116). 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: Utiltity Easement Report compiled on: June 13, 2022 119 120 121 122 123 Memorandum REPORT TO:City Commission FROM:Cody Flammond, Engineer II Nicolas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Utility Easement with Wake Up Inc for the Stockyard Properties Subdivision Exemption (21103) MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Utility Easement with Wake Up Inc for the Stockyard Properties Subdivision Exemption (21103). 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: Utility Easement Report compiled on: June 16, 2022 124 125 126 127 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer John Alston, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Temporary Use Permit for Use of City Property by the United State of America Acting Through the USFS Custer Gallatin National Forest for the Bozeman Municipal Watershed Project MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to Sign a Temporary Use Permit for Use of City Property by the United State of America Acting Through the USFS Custer Gallatin National Forest for the Bozeman Municipal Watershed Project. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The Bozeman Ranger District of the Custer Gallatin National Forest is responsible for the implementation of the Bozeman Municipal Watershed Project (BMW). The BMW is purposed with helping protect the City’s drinking water supply by reducing the severity and extent of high intensity wildfire within the lower reaches of Sourdough Creek and Hyalite Creek. These watersheds account for approximately 80% of the City’s existing municipal water supply. The attached Temporary Use Permit (TUP) allows the use of City property situated at the mouth of Sourdough Canyon by the USFS to support its fuels reduction implementation activities for the BMW Project. Principally, helicopter landing and log decking areas used by the City during its helicopter fuels removal project last fall can be used by the USFS under the TUP when it implements its helicopter treatments, which are presently anticipated to occur over the next 3 to 5 years. The TUP also provides access for USFS crews and contractors to conduct preparatory activities within its fuels treatment areas that are more easily accessed from City property. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. The TUP comes at no cost to the City, nor does it generate revenue for the City. 128 Attachments: CityofBozemanTempPermit_Final_06.10.2022.pdf Report compiled on: June 16, 2022 129 Page 1 of 5 Temporary Use Permit – City of Bozeman 5460 TEMPORARY USE PERMIT The City of Bozeman, 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, herein after called Grantor, grants to the United States of America, acting through the Forest Service, Department of Agriculture, hereinafter called Grantee, a temporary use permit to occupy and use the following described lands in the County of Gallatin, State of Montana: Principal Meridian Montana Township 3 South, Range 6 East, sections 17 and 18 Road P705-F, Upper and Lower Helicopter Landing Areas The purpose of this permit is to authorize administrative access to Grantor’s lands to facilitate fuels reduction work on adjacent National Forest System (NFS) lands by Grantee, its personnel, contractors, representatives, or other authorized agents, to conduct timber hauling and decking, including the use of two helicopter log landing areas. This permit authorizes Grantee non-exclusive temporary rights and privileges by providing ingress and egress through Grantor’s property as depicted in EXHIBIT A and to use and maintain Temp Road P705-F, along with two (2) helicopter log landing areas on non-federal lands owned by Grantor. The right-of-way for such authorized use is estimated as two thousand six (2006) feet in length, thirty (30) feet in width, fifteen (15) feet each side of centerline, with additional width as necessary for protection of cuts and fills, containing approximately one and thirty-eight hundredths (1.38) acres for the road; and two (2) landing areas containing approximately seven and thirty-four hundredth (7.34) acres, and as shown approximately on attached EXHIBIT A attached hereto. The centerline of said road and landing areas as constructed is hereby accepted by Grantor and Grantee as the true location of the right-of-way granted. This permit is granted subject to the following terms and conditions: 1. This permit is subject to all valid rights existing on this date. 2. This permit does not convey any right, title, or interest in real property, and does not provide public access to City of Bozeman lands nor access to NFS lands by way of City of Bozeman lands. Grantor’s use of its land is at all times superior to that of Grantee, specifically but not limited to all activity related to and located near Grantor’s water supply diversion on Sourdough Creek at the Lower Landing depicted in EXHIBIT A. 3. Grantee claims no interest in the premises by virtue of this permit, or through occupancy or use hereunder. 130 Page 2 of 5 Temporary Use Permit – City of Bozeman 4. Grantor agrees that valid rights held by Grantee in the premises, if any, shall not be extinguished, relinquished, terminated nor diminished by virtue of this permit. 5. Grantee, at its sole expense, shall fully repair all damage to roads and any existing infrastructure including but not limited to fences and pipelines, other than ordinary wear and tear, and provide routine maintenance commensurate with Grantee’s use while exercising the privileges granted by this permit. 6. At the conclusion of Grantee’s fuels reduction project or termination of this permit pursuant to Section 12 of this permit, whichever comes first, Grantee must decommission the Spur Road P705-F as depicted in EXHIBIT A in its entirety on the Grantor’s property. Grantee must give written notice a minimum of two weeks prior to commencing decommissioning actions. Decommissioning of the Spur Road P705-F will comply with the guidelines attached as EXHIBIT B. The fuels reduction project includes timber decking, hauling, slash clean-up work and weed treatment. Decommissioning must be completed within six (6) months of the conclusion of the Grantee’s fuels reduction project. 7. Grantee shall prevent unnecessary damage to Grantor’s adjacent land, timber, soil, water, other resources, and improvements. Grantee shall ensure its operations on Grantor’s land comply with applicable federal, state, and local laws, regulations, and standards regarding resource protection, fire prevention and control, slash disposal, and noxious weed prevention and control. 8. For the term of this Temporary Use Permit, Grantee is responsible to actively manage, control, and eradicate noxious weeds along the Spur Road and helicopter log landing areas. Grantee’s responsibility to actively manage, control, and eradicate noxious weeds described herein on Grantor’s lands shall extend through the decommissioning of the Spur Road as described in Section 6 of this Temporary Use Permit. 9. Grantee shall communicate and coordinate with Grantor before, during and after all fuels reduction project activities and schedules involving Grantee’s access and use of Grantor’s land. 10. The United States, acting by and through the Grantee, shall bear any and all costs and liability of any kind related to the exercise of its rights hereunder, to the extent that it may legally do so under the Federal Tort Claims Act (28 U.S.C. 2671 et seq.) or any other Act wherein Congress has specifically waived the sovereign immunity of the United States. Grantee shall impose on its agents, contractors, subcontractors and assigns, liability to Landowner for all loss or damage to any Landowner property, real, personal, or otherwise, caused by or resulting from those persons’ acts or omissions or exercise of rights pursuant to this Agreement. As required in the timber sale contract, contractors and subcontractors shall carry liability insurance. 11. Grantee shall cut only such timber as necessary to clear the authorized right-of-way for road use and maintenance, and for the landing areas. It is the responsibility of the Grantee to remove and dispose of any timber so cut shall, unless otherwise agreed upon in writing. 131 Page 3 of 5 Temporary Use Permit – City of Bozeman 12. This permit shall terminate on December 31, 2030, unless earlier terminated by Grantor because of Grantee’s breach of any terms or conditions herein, or upon written request by Grantee. Provided however, Grantor shall provide Grantee with written notice a minimum of sixty (60) days prior to termination for breach and shall provide Grantee with reasonable opportunity to take action to satisfactorily correct the breach. 13. Prior to expiration of this permit, the Grantee may seek reissuance of this Temporary Use Permit. Renewal of the use shall be at the sole discretion of the Grantor. 14. Grantee acknowledges and accepts Grantor’s land in an as-is condition at the time the use by Grantee commences. Any work necessary to prepare Grantor’s land for the uses intended by Grantee that are permitted by Grantor under this Permit shall occur at the expense of the Grantee and is incidental to the Grantee’s performance of this Permit and the rights and privileges contained herein. The scope and schedule of any such preparatory work activities shall be coordinated in advance by the Grantee by the giving reasonable notice to the Grantor who reserves to itself the right and authority to approve, approve with modifications, or deny such activities. Nothing in this Permit prevents the parties hereto from amending or modifying this Permit subject to Paragraph 15, regarding such preparatory activities if deemed necessary by either party or is otherwise required by law. The Grantor will be responsible for burning the existing slash piles. 15. Amendment or modification of this Permit must be in writing. 16. Representatives and Notices: For the purposes of giving and receiving notices and approvals in conjunction with this Temporary Use Permit, Grantor’s representatives for these purposes are the following: Brian Heaston, Senior Engineer, City of Bozeman and/or John Alston, Director of Utilities, City of Bozeman both located at 20 E. Olive Street P.O. Box 1230 Bozeman, MT 59771. Grantee’s representative is Corey Lewellen, District Ranger, Custer Gallatin National Forest Bozeman Ranger District, located at 3710 Fallon Street Suite C, Bozeman, MT 59718. Grantee’s exercise of any privileges authorized by this permit shall constitute acceptance of all terms and conditions herein. GRANTOR CITY OF BOZEMAN By: ___________________________________ __________________ JEFF MIHELICH Date City Manager This permit is hereby accepted subject to all terms and conditions herein. GRANTEE UNITED STATES OF AMERICA By: _____________________________________ __________________ JOSEPH G. ALEXANDER Date Director Recreation, Minerals, Lands, Heritage and Wilderness 132 Page 4 of 5 Temporary Use Permit – City of Bozeman 133 Page 5 of 5 Temporary Use Permit – City of Bozeman Exhibit B Roadway Decommissioning and Recontouring Description. This Exhibit describes the work to be done to decommission, recontour, and monitor grass growth and weed control of the Spur Road P705-F denoted on Exhibit A to this Agreement. The Forest Service will coordinate with the adjacent landowner, Liebmann, and will decommission the spur road across their property in the same way. Road Recontouring. The areas where the Spur Road was constructed will be recontoured to original ground contours. Excavate embankment materials and place on roadway backslopes. Break down large material clumps. Compact material with excavator bucket then lightly scarify the surface for a appropriate seed-bed. Avoid over-smoothing. It is expected that a minimum of 80% of the original embankment material will be recovered and placed on the backslopes. Excavated materials shall be placed within the original roadway limits. Gather all then-available slash and woody debris from slash windrows or within machine reach of the edges of disturbance and distribute debris in a random manner over the recontoured ground surface to minimize soil erosion. If directed by the City, utilize standing trees to supplement available ground slash. Knock down and place trees in a stable manner on recontoured slopes. Breakdown tops and limbs and scatter. Apply grass seed uniformly, the City shall approve grass seed mix and application rates. Culvert removal. Remove culverts, if any. Culverts located within stream channels or staked on the ground shall be excavated using a track-mounted excavator. In the progress of work, the excavator may cross the stream channel but shall not "sit" within the channel during excavation. All fills shall be removed to closely mimic the original lines and grades of the stream channel and drainage bottom. Drainage bottom width shall mimic that found immediately upstream and downstream as approved by the City. Excavated material shall be placed within the road prism on both sides of the channel sides and contoured to mimic original ground lines, unless otherwise allowed. Conserve rock during excavation for use as streambed and bank material. Construct streambed to mimic size, slope, and bed material of adjacent natural channel. Ditch relief culverts outside of stream channels shall be removed as part of the recontouring. Dispose of all culverts off Landowner property in a responsible manner. 134 Memorandum REPORT TO:City Commission FROM:Jamie Saitta, Recreation Manager Mitch Overton, Parks and Recreation Director Chuck Winn, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a General Services Agreement with CivicPlus for Recreation Management Software MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign General Services Agreement with CivicPlus for Recreation Management Software STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:This is a FY2022 CIP budgeted item to transition to new recreation management software that better meets the needs of the Department and provides more efficient and user friendly interface. Initial cost for the software, setup, and training is $31,382.77. UNRESOLVED ISSUES:NA ALTERNATIVES:Per Commission FISCAL EFFECTS:Initial purchase price for software is below the amount authorized through fiscal year 2022 Capital Improvements Plan. Recurring fees for subscription, support and maintenance of approximately $20,800.80 will be paid through the Recreation Operations budget funded by the General Fund. Attachments: GSA CivicPlus Parks and Recreation.pdf Report compiled on: June 16, 2022 135 GSA Statement of Work for Bozeman, MT GSA Contract GS-35F-0124U Page 1 of 8 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. CPA03.01.165-0001 GSA CivicPlus Statement of Work Labor Category GSA Hourly Rate with IFF Hours Total Cost Website Consultant $149.01 4 $596.04 Project Manager $135.86 32 $4,347.52 Network Consultant $135.86 0 $0.00 Wireless Network Technician $135.86 0 $0.00 Programmer $131.48 44 $5,785.12 Graphic Designer $109.57 78 $8,546.46 Writer $109.57 0 $0.00 Server and Network Technician $109.57 64 $7,012.48 Trainer $109.57 16 $1,753.12 PC Technician $89.41 0 $0.00 Content Developer $80.64 180 $14,515.20 Subtotal $42,555.94 Discount ($11,173.17) Total First Year Fee $31,382.77 Project Implementation and Deployment •CivicRec Premium Implementation •Initial Term Annual Services •4x Half Day Virtual Training Blocks •1x Half Day Virtual Consulting Block •Standard Financial Extract •User Import •Future Facilities Rentals Import •CivicRec Pay – Authorize.net •CivicRec GIS Integration •CivicRec AudioEye Enterprise $31,382.77 Total Initial Term Fees $31,382.77 Annual Services Fees (Includes Subscription, Support and Maintenance) $20,800.8 1.Performance and payment under this Statement of Work (“SOW”) by and between Bozeman, Montana(“Client”) and CivicPlus (“CivicPlus”) shall be subject to the terms & conditions of the Agreement by and between the General Services Administration and CivicPlus. 2.This SOW shall remain in effect for an initial term beginning at signing and continuing for 1 year (the “Initial Term”) from signing. This agreement may be renewed for up to 5 additional one year (12 month) terms upon mutual agreement of the parties. 3.Payment is due 30 days from date of invoice. Unless otherwise limited by law, a finance charge of 1.5 percent (%) per month or $5.00, whichever is greater, will be added to past due accounts. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). 4.The Total Initial Term Fees shall be invoiced at signing. 5.Annual Services Fees shall be invoiced on the first day of each Renewal Term and every 12 months thereafter. Annual services, including but not limited to hosting, support and maintenance services, shall be subject to a 5% 136 GSA Statement of Work for Bozeman, MT GSA Contract GS-35F-0124U Page 2 of 8 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. CPA03.01.165-0001 annual increase beginning in Year 2 of service. 6.The Client’s Annual Services Fees agreed upon herein are based on Client processing up to USD 668,858 of revenue per year (“Predicted Processing Volume”). Starting with the first Renewal Term of this SOW, CivicPlus reserves the right (but not the obligation) to audit Client once every 12 months to determine Client’s actual processing volume (“Actual Processing Volume”). In the event Client’s Actual Processing Volume exceeds the Predicted Processing Volume, CivicPlus will notify client within 30 days of the audit of the Actual Processing Volume and the applicable increase in the Annual Fees resulting from such Actual Processing Volume. The increase in the Annual Fees shall be implemented the first of the month following the notice. 7.For the purposes of obtaining merchant account services through CivicPlus Pay, Client may choose to utilize the designated merchant account for CivicRec through an integrated partnership with a merchant providers that is within CivicPlus’ network (“Partner Network”). In the event Client chooses a merchant account from the Partner Network (“Integrated Partner”), Client will enter into a merchant account such Integrated Partner. Such agreement’s terms and conditions will solely enure to the benefit and obligation of Client; CivicPlus shall not be a party to such agreement. In the event Client chooses an Integrated Partner merchant account provider, CivicPlus will provide Client and Integrated Partner contact information to the other party for contracting purposes, and shall integrate the Integrated Partner merchant account system at no additional charge to Client. If Client desires to use an integrated merchant account processor gateway besides one of the Integrated Partners designated as members of the Partner Network, CivicPlus will provide Client with a list of approved processors and an integration fee will be charged to Client. Client agrees to assume responsibility for ensuring execution of a merchant account contract with Client’s select merchant account provider, to comply with all terms and conditions of such contract and pay all fees required to maintain the services. Client acknowledges that the fees set forth in this SOW do not include any transaction, processing or other fees imposed by Client’s merchant account processor. Client is fully responsible for their relationship with their selected processor. In no event will CivicPlus: (i) take part in negotiations, (ii) pay any fees incumbent on the Client or merchant account, or (iii) acquire any liability for the performance of services of any chosen merchant account processor, including those in the Partner Network. Client acknowledges switching to a different merchant account processor after signing this SOW may incur additional fees and require a written and signed modification to this SOW. Client shall continue to be responsible for negotiating and executing any merchant account agreement as described herein for any additional merchant account processor changes. 8.When Client uses CivicPlus Pay, then Client may take online credit card payments for certain services or products they provide via the Client websites supported by CivicPlus. As such, through CivicPlus Pay, CivicPlus facilitates an automated process for redirecting credit card payments to Client’s chosen payment gateways / merchant account processors. For card payments, CivicPlus will redirect any payments processing to the Client’s merchant account processor gateway, and the merchant account processor gateway presents the payment form page and processes the card payment. CivicPlus does not transmit, process or store cardholder data and does not present the payment form. CivicPlus implements and maintains PCI compliant controls for the system components and applications that provide the redirection services only. 9.Client understands and agrees that CivicPlus is not liable for any failure of service or breach of security by any merchant account processor gateway provider selected by Client, whether such provider is an Integrated Partner or not. 10.If a client change in timeline causes CivicPlus to incur additional expenses (i.e. airline change fees), Client agrees to reimburse CivicPlus for those fees. Not to exceed $1,000 per CivicPlus resource per trip. Ownership & Content Responsibility 11.Upon full and complete payment of submitted invoices for the Project Development and launch of the website, Client will own the Customer Content (defined as website graphic designs, the page content, all module content, all importable/exportable data, and all archived information). 137 GSA Statement of Work for Bozeman, MT GSA Contract GS-35F-0124U Page 3 of 8 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. CPA03.01.165-0001 12.Upon completion of the development of the site by CivicPlus for Client in accordance with Addendum 1, Client will assume full responsibility for website content maintenance and content administration. Client, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. 13.Client agrees that CivicPlus shall not migrate, convert, or port content or information that could reasonably be construed to be time-sensitive, such as calendar or blog content. Intellectual Property 14.Intellectual Property of any software or other original works created by CivicPlus prior to the execution of this SOW (“CivicPlus Property”) will remain the property of CivicPlus. 15.Client shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way; (ii) modify or make derivative works based upon any CivicPlus Property; (iii) create Internet “links” to the CivicPlus Property software or “frame” or “mirror” any CivicPlus Property administrative access on any other server or wireless or Internet-based device; or (iv) reverse engineer or access any CivicPlus Property in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics of any CivicPlus Property. The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlus Property are trademarks of CivicPlus, and no right or license is granted to use them. Taxes 16.It is CivicPlus’ policy to pass through sales tax in those jurisdictions where such tax is required. If the Client is tax-exempt, the Client must provide CivicPlus proof of their tax-exempt status, within fifteen (15) days of contract signing, and this SOW will not be taxed. If the Client’s state taxation laws change, the Client will begin to be charged sales tax in accordance with their jurisdiction’s tax requirements and CivicPlus has the right to collect payment from the Client for past due taxes. CivicPlus is obligated to pay taxes that may be assessed to them. Indemnification 17.“For other than professional services rendered, to the fullest extent permitted by law, CivicPlus agrees to release, defend, indemnify, and hold harmless the Client, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the Client) from and against any and all third party 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 other than Client that may be asserted against, recovered from or suffered by the Client 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 CivicPlus; or (ii) any negligent, reckless, or intentional misconduct of any of the CivicPlus’s agents. For the professional services rendered, to the fullest extent permitted by law, CivicPlus agrees to indemnify and hold the Client 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 CivicPlus or CivicPlus’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 Client as indemnitee(s) which would otherwise exist as to such indemnitee(s). CivicPlus’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by Client. Should the Client be required to bring an action against the CivicPlus to assert its right to defense or indemnification under this Agreement or under the CivicPlus’s applicable insurance policies required below, the Client 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 CivicPlus was obligated to defend the claim(s) or was obligated to indemnify the Client for a claim(s) or any portion(s) thereof. 138 Page 4 of 8 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. CPA03.01.165-0001 GSA Statement of Work for Bozeman, MT GSA Contract GS-35F-0124U In the event of an action filed against the Client resulting from the Client’s performance under this Agreement, the Client may elect to represent itself and incur all costs and expenses of suit. CivicPlus also waives any and all claims and recourse against the Client, 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 [Client’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. 21. These obligations shall survive termination of this Agreement and the services performed hereunder. Liabilities 18.CivicPlus’s liability for contract damages is limited to direct damages. CivicPlus shall not be liable for special, incidental, consequential, punitive, or indirect damages. Damages caused by injury to persons or tangible property, or arising from any CivicPlus indemnification under this Agreement, are not subject to a cap on the amount of damages. 19.CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Client or any entity employed/contracted on the Client’s behalf. 20.Client agrees that it is solely responsible for any solicitation, collection, storage, or other use of end-users’ Personal Data on the website. Client further agrees that CivicPlus has no responsibility for the use or storage of end-users’ Personal Data in connection with the website or the consequences of the solicitation, collection, storage, or other use by Client or by any third party of Personal Data. 21.This section intentionally omitted. 22.CivicPlus must maintain cyber liability coverage in an amount of five million dollars ($5,000,000) aggregate and two million five hundred thousand dollars ($2,500,000) per occurence and name the Client as an additional insured on a primary non- contributory basis. 23.Data Location. CivicPlus shall not transfer the Client’s Data outside of United States unless it receives the Client’s prior written consent. 24.Scope of Work. CivicPlus must perform the work and provide the services in accordance with the requirements of the scope of work. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, this Agreement governs. CivicPlus agrees to be bound by its responses to the City’s Cloud Questionnaires, incorporated into and attached to this Agreement as Exhibit A and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Provider’s performance. 25.Security. CivicPlus shall provide a secure environment for all of the Client’s confidential information and any hardware and software (including servers, network and data components) to be provided or used by CivicPlus as part of its performance under this Agreement. CivicPlus represents that the security measures it takes in performance of its obligations under this Agreement are, and will at all times remain in agreement with the industry’s minimum standards. Provider’s failure to comply with the industry’s minimum standards in fulfilling its obligations under this Agreement constitutes a breach of this Agreement. 26.Access to Data. The Client may access and copy any of the Client’s Data in CivicPlus’s possession at any time. CivicPlus shall reasonably facilitate such access and copying promptly after the Client’s request. In this instance, CivicPlus may charge its reasonable standard fees for any such access and copying or for any fees related to the de-conversion of data. 27.Deletion of Data. Except as authorized by applicable law or after 30 days after termination of the Agreement, CivicPlus shall not erase the Client’s data or any copy without the Client’s prior written consent. 139 GSA Statement of Work for Bozeman, MT GSA Contract GS-35F-0124U Page 5 of 8 V. CPA03.01.165-0001 any other remedies available to it under this Agreement or by law or equity. 28.Data Incidents. CivicPlus must implement and maintain a program for managing unauthorized disclosure of, access to, or use of the Client’s data. In case of a data incident, CivicPlus must notify the Client, in writing or by phone, within 48-hours of discovery of the incident. CivicPlus must cooperate with the Client and law enforcement agencies to investigate and resolve the Data Incident, including but not limited to providing reasonable assistance to the Client in notifying injured third parties. In addition, if the data incident results from CivicPlus’s breach of this Agreement or negligent or unauthorized act or omission, CivicPlus must compensate the Client for any reasonable expense related to notification of customers and provide one year of credit monitoring to any affected individual. CivicPlus must give the Client prompt access to such records related to a data incident. 29.Functional Warranty. CivicPlus warrants that the application and services, including any modifications that are made by CivicPlus or under CivicPlus’s instructions do not contain any material defects, and will conform in all material respects to the specifications, functions, descriptions, standards and criteria set forth in the Agreement, its Exhibits, and the Documentation, which are all incorporated herein by reference. CivicPlus shall promptly correct any errors identified by the Client in the application and in any modification to the application at no cost to the Client. The City may also pursue any other remedies available to it under this Agreement or by law or equity. 30.Virus Warranty. CivicPlus warrants that it has used commercially reasonable efforts to ensure against introduction of any virus into the Client’s systems. CivicPlus must immediately advise the Client, in writing, upon reasonable suspicion or actual knowledge that the Services may contain a virus. If a virus is found to have been introduced into the Client’s systems by the Services within 30 days after the effective date of this Agreement, CivicPlus must repair or replace the services within ten (10)business days. If CivicPlus cannot accomplish the foregoing within such time, then the Client shall discontinue use of the services. CivicPlus must use all reasonable commercial efforts, at no additional charge, to assist the Client in reducing the effects of the virus and, if the virus causes a loss of operational efficiency or loss of data, to assist the Client to the same extent to mitigate and restore such losses. In addition, CivicPlus must indemnify, defend and hold the Client harmless from any claims, suits, damages, liabilities, losses, and reasonable attorney fees resulting from any such Viruses. Any limitation of liability described in this Agreement does not apply to this indemnification obligation. The City may also pursue 31.Representatives and Notices. a.Client’s Representative. The Client’s Representative for the purpose of this Agreement shall be _________________ or such other individual as Client shall designate in writing. Whenever approval or authorization from or communication or submission to Client is required by this Agreement, such communication or submission shall be directed to the Client’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when Client’s Representative is not available, CivicPlus may direct its communication or submission to other designated Client personnel or agents as designated by the Client in writing and may receive approvals or authorization from such persons. b.CivicPlus’s Representative. CivicPlus’s Representative for the purpose of this Agreement shall be such individual as CivicPlus shall designate in writing. Whenever direction to or communication with CivicPlus is required by this Agreement, such direction or communication shall be directed to CivicPlus’s Representative; provided, however, that in exigent circumstances when CivicPlus’s Representative is not available, Client may direct its direction or communication to other designated CivicPlus personnel or agents. 32.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. 33.Nondiscrimination and Equal Pay. CivicPlus agrees that all hiring by CivicPlus of persons performing this Agreement shallCivicPlus agrees that all hiring by CivicPlus of persons performing this Agreement shall be on the basis of merit andqualifications. CivicPlus will have a policy to provide equal employment opportunity in accordance with all applicable stateand federal anti-discrimination laws, regulations, and contracts. CivicPlus will not CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 140 GSA Statement of Work for Bozeman, MT GSA Contract GS-35F-0124U Page 6 of 8 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. CPA03.01.165-0001 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. CivicPlus 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. CivicPlus 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). CivicPlus must report to the Client any violations of the Montana Equal Pay Act that CivicPlus has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. CivicPlus shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 34.Reports/Accountability/Public Information. CivicPlus agrees to develop and/or provide documentation as requested by the Client demonstrating CivicPlus’s compliance with the requirements of this Agreement. CivicPlus shall allow the Client, its auditors, and other persons authorized by the Client to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to CivicPlus pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The CivicPlus shall not issue any statements, releases or information for public dissemination without prior approval of the Client. 35.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. 36.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 Client Attorney’s Office staff. 37.Taxes. The amounts owed for the Services exclude, and Client will be responsible for, all sales, use, excise, withholding and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity in connection with the Services (excluding taxes based solely on CivicPlus’s income). If the Client is tax-exempt, the Client must provide CivicPlus proof of their tax-exempt status, within fifteen (15) days of contract signing, and the fees owed by Client under this Agreement will not be taxed. If such exemption certificate is challenged or held invalid by a taxing authority then Client agrees to pay for all resulting fines, penalties and expenses. Notwithstanding the foregoing, CivicPlus shall be responsible for all payroll taxes and other similar taxes as an independent contractor and CivicPlus is obligated to pay taxes that may be assessed to them. 38.Dispute Resolution. 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. 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. 39.Survival. CivicPlus’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 40.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. 41.Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in 141 GSA Statement of Work for Bozeman, MT GSA Contract GS-35F-0124U Page 7 of 8 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. CPA03.01.165-0001 effect. 42.Applicable Law. The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 43.Binding Effect. This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 44.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. 45.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. 46.Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 47.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. 142 GSA Statement of Work for Bozeman, MT GSA Contract GS-35F-0124U Page 8 of 8 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. CPA03.01.165-0001 Acceptance We, the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services outlined in this SOW. Client CivicPlus By: By: Name: Name: Title: Title: Date: Date: 143 Statement of Work for Bozeman, MT AUDIOEYE MANAGED FOR CIVICREC STATEMENT OF WORK No. 1 This Statement of Work (the “SOW”), effective as of the later of the two dates accompanying the signatures below (“Effective Date”), is entered into and governed under the CivicRec Statement of Work (the “Agreement”) between CivicPlus, LLC. (“CivicPlus”) and Bozeman, MT (“Client”). Services performed by CivicPlus under this SOW will be conducted in accordance with and be subject to the terms and conditions of this SOW and the Agreement. If there is a conflict between this SOW and the Agreement, the terms and conditions of this SOW shall prevail. Capitalized terms used in this SOW but not defined herein shall have the meaning set forth in the Agreement. The responsibilities of CivicPlus and Client are defined below. IN WITNESS WHEREOF, each party, in consideration of the mutual promises and agreements set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed by the parties, agree and hereto has caused this Agreement to be executed by its duly authorized representatives. Client CivicPlus By: _______________________________________________By: ___________________________________________ (Signature) (Signature) Name: ____________________________________________Name:________________________________________ (Print) (Print) Title: _____________________________________________Title:__________________________________________ Date: _____________________________________________Date: _________________________________________ 1.TERM The duration of this AudioEye Platform Subscription for CivicRec and this SOW shall begin at signing and be co-termed and aligned with Client’s CivicRec subscription. 144 CIVICPLUS STATEMENT OF WORK – AUDIOEYE – v20200917 2 2.SERVICES ORDERED & COSTS AudioEye will provide the following SaaS Subscription: Web Accessibility Solutions Subscription Order 12 Month Term Product Subscription Cost AudioEye Managed for CivicRec $5,000 per domain Total Subscription Cost* $5,000 per domain* *Recurring subscription pricing is subject to an annual 5% increase. This Scope of Work is valid through (or up to) 60 days from June 6, 2022. The subscription purchased herein applies only to a single domain (Client’s CivicRec Instance). Upon execution of this SOW, CivicPlus will invoice Client for the first year’s Total Subscription Cost. If needed, CivicPlus will pro-rate Client’s first year’s Total Annual Subscription Cost to match up with Client’s current CivicRec billing schedule. All renewal years Total Subscription Cost shall be invoiced on the date of Client’s current CivicRec billing schedule. The parties acknowledge the pricing herein is not in addition to the amounts listed in the GSA Statement of Work to which this SOW is attached.. All payments shall be made in accordance with the terms and conditions of the Agreement. Invoices will be expressed in US Dollars (USD). The Services in this SOW shall apply to: BOZEMAN MT - CIVICREC 145 CIVICPLUS STATEMENT OF WORK – AUDIOEYE – v20200917 3 3.CONTACT INFORMATION Technical Contact Information Client will identify a project lead to function as a single point of contact for the project. Name: ____________________________________________ Email: ____________________________________________ Phone: ___________________________________________ Billing Contact Information Invoices for fees, associated with this Agreement, should be sent to the following email address(es): Billing Email:______________________ Contact Name:__________________________ Billing Address 1: _____________________________________ (if different from Corporate Address provided with MSA) Contact Email:__________________________ Billing Address 1: _____________________________________ (if different from billing email address provided above) City:______________________________________ State/Zip: ____________________________________ Payment Method: _______________________________ All payments shall be made in accordance with the terms and conditions of the Agreement. Invoices will be expressed in US Dollars (USD). 146 CIVICPLUS STATEMENT OF WORK – AUDIOEYE – v20200917 4 STATEMENT OF WORK APPENDIX A Package Features / Services AudioEye Managed Features/Services Details WCAG Accessibility Reports Reporting available upon request for point-in-time compliance status and WCAG conformance level. Automated Global Remediations Certain common issues of accessibility can be programmatically detected and remediated by AudioEye Dynamic Remediation Technology. AudioEye Managed for CivicRec Activation Upon Activation, AudioEye to begin tracking usage analytics. AudioEye to conduct, at least, monthly ongoing and continuous monitoring based on the usage analytics tracked by AudioEye. This always-on monitoring ensures that the pages being accessed by end-users –the pertinent pages relative to the end-user’s experience - are being regularly prioritizedand evaluated for accessibility conformance. For the duration of the Term of the agreementbetween the Parties, AudioEye will maintain the always-on monitoring service. To ensure compliance with ADA Title II/III, Section 504, Section 508 Information and Communication Technology, and any future changes in conjunction with ADA-related laws & guidelines, and any applicable state laws, AudioEye tests against internationally recognized W3C Web Content Accessibility Guidelines (WCAG) 2.1 Level AA Success Criteria. These tests are conducted through, both, automated and manual processes, which are facilitated and managed through the Digital Accessibility Platform (“DAP”), AudioEye’s proprietary system for facilitating the Ally Managed Service solution. AudioEye engineers do not make any changes to the web environment that impact the visual display of the website. For any Success Criteria that cannot be met through the application of fixes facilitated through the Digital Accessibility Platform and applied to the frontend website/application through the AudioEye JavaScript, AudioEye collaborates with software/web designers/developers and recommends best practices for effective resolution to be applied at the source and/or through universal design standards. The combination of this collective and collaborative effort helps ensure usability for Customer’s site visitors. AudioEye to provide the necessary tools and/or instruction, allowing Reseller and/or Customer to implement fixes within the product source (“Source Remediation”). 147 CIVICPLUS STATEMENT OF WORK – AUDIOEYE – v20200917 5 Monitoring Ongoing evaluation and continuous WCAG testing. Accessibility Toolbar Web Personalization Tools that allow end-users to customize their user experience to meet their individual needs. The internationally recognized accessibility icon marks the entrance to the AudioEye Toolbar. Certification Statement AudioEye Trusted Certification, which is attestation of a site owner’s ongoing commitment to digital inclusion as defined by WCAG Success Criteria. Includes AudioEye Trusted Certification badge. Accessibility Statement (if applicable) Standardized accessibility messaging site owners may utilize on their site informing visitors of the digital inclusion efforts underway. Training (On- Demand Webinar Archive) User access to archive of recorded Accessibility Training Seminars covering various topics to encourage digital accessibility best practices and universal design thinking Live Training Webinars User access to Accessibility Training Seminars covering various topics to encourage digital accessibility best practices and universal design thinking Manual Assistive Technology Testing Site-level technical analysis and functional usability testing (manual testing) conducted by Assistive Technology (AT) testers. Site Remediation Automated and manual test results provide feedback for AudioEye Engineers to develop custom, site-specific remediations to fix issues of accessibility. Remediations scripts are served via AudioEye Dynamic Remediation Technology. Sustainable Testing & Remediation Plan Official accessibility auditor documentation to assist site owner in addressing any accessibility complaints. International Language Support: 27 Languages/Dialects supported for display within the Ally Toolbar. Valid language attribute must be present in source. Supported languages, include: • Arabic • Cantonese (Hong Kong S.A.R.) • Catalan (Catalan) • Chinese (Taiwan) • Chinese (People’s Republic of China) • Czech (Czech Republic) • Danish (Denmark) • Dutch (Netherlands) • Greek (Greece) • Hungarian (Hungary) • Italian (Italy) • Japanese (Japan) • Korean (Korea) • Norwegian (Norway) • Polish (Poland) • Portuguese (Portugal) 148 CIVICPLUS STATEMENT OF WORK – AUDIOEYE – v20200917 6 • English (United States) • English (United Kingdom) • Finnish (Finland) • French (France) • French (Canada) • German (Germany) • Portuguese (Brazil) • Russian (Russia) • Spanish (Spain) • Spanish (Mexico) • Swedish (Sweden) 4. WEB ACCESSIBILITY COMPLIANCE REPRESENTATIONS & WARRANTIES AudioEye continually monitors the relevant World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines (WCAG) to improve conformance with WCAG guidelines and to eradicate issues of accessibility that may impede access for persons with disabilities. AudioEye periodically monitors current law and practice regarding digital accessibility compliance including, but not limited to the Americans with Disabilities Act (ADA) and other similar state and international laws. AudioEye has and will continue to take steps necessary to help improve and maintain equal access to Client website(s). AudioEye monitors Client website(s) and/or the platform hosting Client website(s) to take the steps necessary to improve conformance with WCAG standards. AudioEye evaluates Client website(s) and/or the platform hosting Client website(s) on a periodic basis to improve conformance with WCAG standards. AudioEye periodically reviews automated and manual test results to develop remediations to Client website(s) and/or the platform hosting Client website(s) to increase conformance with WCAG Success Criteria. AudioEye provides support and training resources and hosts training seminars that promote accessibility best practices including, but not limited to, universal design, WCAG Success Criteria, video captioning, and document remediation. AudioEye works with and/or takes measures to provide product stakeholders in charge of managing the platform hosting Client website(s) with information a) to improve the accessibility of the platform hosting Client website(s), the site template, and web components that comprise Client website(s), b) to incorporate accessibility into the design process, and c) to better ensure an optimal user experience for individuals with disabilities. AudioEye supports a 24/7 help desk for site visitors, which enables them to report accessibility issues and grievances should they be encountered. AudioEye prioritizes the remediation of validated issues as submitted via the Help Desk. AudioEye provides technical analysis and functional usability testing (manual testing) of Client website(s) and/or the platform hosting Client website(s), which is conducted by assistive technology (AT) testers. Via proprietary and patented AudioEye Dynamic Remediation Technology, AudioEye remediates issues of accessibility identified within Client website(s) and/or the platform hosting Client 149 CIVICPLUS STATEMENT OF WORK – AUDIOEYE – v20200917 7 website(s) and conducts retesting of issues to validate usability of remediated content and functionality. AudioEye provides limited to full implementation of the AudioEye Toolbar, which provides web personalization tools permitting site visitors to customize their user experience to meet individual needs. 5. ASSUMPTIONS To streamline communication during the project, Client will be assigned an account manager who will be responsible for the quality and timeliness of all deliverables. The account manager will oversee and track the progress of the entire project and will be available to escalate concerns. Website/Platform updates or structural changes that impact existing CSS ID/class selector attributes may require re-configuration and subsequent testing that demands a level of effort beyond the typical maintenance included with the AudioEye Services. AudioEye engineers do not make any changes to the web environment that impact the visual display of the website. Required changes that impact visual display require collaboration with Client and any visual changes implemented through the AudioEye Services require sign-off from Client. In many cases, these changes are implemented by Client at the source. For deficiencies impacting visual display or site structure/features/functions, AudioEye to obtain written permission from Client to provision and apply the required fixes. AudioEye shall not be held liable for delays impacting, if applicable, delivery timelines pertaining to Client supplying AudioEye with written approvals. For any Success Criteria that cannot be met through the application of fixes facilitated through the AudioEye Services and applied to the frontend website/application through the AudioEye JavaScript, AudioEye collaborates, via CivicPlus, with software/web designers/developers and recommends best practices for effective resolution to be applied at the source and/or through universal design standards. The combination of this collective and collaborative effort helps ensure usability for Client’s site visitors. AudioEye to provide the necessary tools and/or instruction, allowing CivicPlus to implement fixes within the CMS product source (“Platform Remediation”). For each project, the start date of Activation is determined by AudioEye. AudioEye shall issue an AudioEye Trusted Certification indicating that Client has a commitment to accessibility and inclusion in striving to maximize and continually improve conformance with the informative guidance supplied through W3C WCAG. If applicable, certification statements may indicate conformance exclusions and/or statements of partial conformance and/or reference to on-demand source feedback reports to inform end-users about features/functions that do not conform to the target standard and/or remain a work in a progress. Common exclusions resulting in conformance clarifications, as documented through source feedback reports, include: flash objects, highly visual/dynamic display widgets/modules, high volume content changes, maps, inaccessible PDFs, videos without captioning and/or audio descriptions, and 3rd party content. 6. CLIENT RESPONSIBILITIES Client will identify a project lead to function as a single point of contact for the project. 150 CIVICPLUS STATEMENT OF WORK – AUDIOEYE – v20200917 8 Client will make all reasonable efforts to address conformance exclusions indicated within the source remediation report. Client will make all reasonable efforts to educate AudioEye on the specific technical constraints of its Web environment, including details about its publication and hosting environments. Prior to execution of this Agreement, Client to inform AudioEye of anticipated traffic exceeding 20 million monthly impressions. Client understands and agrees that AudioEye will charge Client the following overage fees, to be billed at the end of the current month, in which the overage occurred: $52 per million impressions above and beyond the monthly allotment. Please note: some single page requests may make multiple requests to AudioEye, and, therefore, trigger multiple impressions (i.e. iFrames on the page). Client to provide advanced notification to AudioEye prior to implementing or removing the AudioEye JavaScript within their web environment, including but not limited to Client’s production, staging, UAT, development, and/or sandbox environment(s). Client will provide AudioEye with feedback, comments, approvals and acceptance on all deliverables in a timely manner. If Client receives a legal demand letter or is served a legal notice, Client may request a sustainable testing and remediation (STAR) plan (aka auditor notification letter) to inform plaintiff of the proactive steps already taken and being taken by Client to ensure digital inclusion. Should plaintiff continue to pursue their legal efforts, Client may request consulting or legal support services, which may be separate from and in addition to the Services included in this SOW. Client will make all reasonable efforts to send project and accessibility stakeholders to attend online accessibility training presentations provided by AudioEye. 7. CHANGE CONTROL PROCEDURES To make a change to this SOW, Client will submit a written request to CivicPlus specifying the proposed changes in detail. CivicPlus will submit to Client an estimate of the charges and the anticipated changes in the delivery schedule that will result from the proposed change in the services (“Change Order”) stated within this SOW. AudioEye will continue performing the services in accordance with this SOW until the CivicPlus and Client agree in writing on the change in scope of work, scheduling, and fees therefore. Any Change Order shall be agreed to by the parties in writing prior to implementation. No additional fees shall be incurred without Client’s prior written authorization. 151 Page 9 of 9 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. CPA03.01.165-0001 Contact Information Organization URL Street Address Address 2 City State Postal Code CivicPlus provides telephone support for all trained clients from 7am –7pm Central Time, Monday-Friday (excluding holidays). Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates. Emergency Contact & Mobile Phone Emergency Contact & Mobile Phone Emergency Contact & Mobile Phone Billing Contact E-Mail Phone Ext. Fax Billing Address Address 2 City State Postal Code Tax ID # Sales Tax Exempt # Billing Terms Account Rep Info Required on Invoice (PO or Job #) Are you utilizing any external funding for your project (ex. FEMA, CARES): Y [ ] or N [ ] Please list all external sources: Contract Contact Email Phone Ext. Fax Project Contact Email Phone Ext. Fax 152 Memorandum REPORT TO:City Commission FROM:Nick Pericich, Superintendent Water and Sewer Division John Alston, Utility Director SUBJECT:Authorize the City Manager to Sign a Contract Agreement with Xylem to Maintain Sewer Lift Station Pumps MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Give the City Manager permission to sign this agreement STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:There are nine sanitary sewer lift stations in Bozeman that pump sewage. Each of these stations has 2 or more pumps that need to be maintained annually to ensure proper condition and function. UNRESOLVED ISSUES:none ALTERNATIVES:As suggested by the commission. FISCAL EFFECTS:We have budgeted and paid someone to do this maintenance before and will continue to do so each year. Attachments: Xylem Contract Bozeman.docx Report compiled on: June 7, 2022 153 Page 1 of 16 ` CONTRACT AGREEMENT This Agreement is made this 28th day of June, 2022, by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, P.O. Box 1230, Bozeman,Montana 59771- 1230 (“City”), and Xylem Dewatering Solutions, Inc., 3860 Helberg Drive, Helena, MT 59602, (“Contractor”). In consideration of the covenants, agreements, representations, and warranties contained herein, the parties agree as follows: 1.Work to be Performed: Providing annual service for cleaning, maintaining, and services for Flygt and Godwin Pumps located at City lift stations and associated equipment in the City of Bozeman. Contractor shall furnish all equipment, labor and materials required for the work. Under no circumstances shall Contractor perform any confined space entries. 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: This Agreement. Proof of Insurance and registration Montana Public Works Standard Specifications, _6th_ Edition (MPWSS), and as further amended by the City of Bozeman Modifications to MPWSS. 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 upon execution of this agreement by the Owner. The contract shall remain in effect for a period of five years from above date of Agreement. 4.Payment: 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 $3,000.00 per day for service plus costs of any parts or consumables per contractors quote on the last page of this contract. 154 Page 2 of 16 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. 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. Contractor warrants and guarantees to Citythat all Work will be in accordancewith 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: 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 shallprovide 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. 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 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 anythird partyto do so, and deduct the cost andexpense 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: 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 155 Page 3 of 16 performance of the Work. 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. 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 thecontract 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. Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. Contractor and its sureties are liable for the satisfaction and full performance ofall warranties. 7.General Requirements: 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. 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 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. 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 156 Page 4 of 16 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. 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. 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. 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. 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 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. Safety. Safety provisions must be entirely adequate and meet with City, County, State and Federal regulations to protect the public in affected areas. 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 157 Page 5 of 16 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. 6)Fall protection must be utilized when the wet well hatches are open. 1. Contractor assumes all responsibility for ensuring and enforcing safe working conditions and compliance with all safety-related rules and regulations for the benefit of its own employees, the employees of subcontractors and the public when conducting the work, including all duties related to safety and will indemnify the City for any losses or damages the City may incur as a result of work conditions. 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 thedelay. 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 causedby the intentional interference of the City with the Contractor’s performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein providedby reason of any delays. 9.Suspension: 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. 158 Page 6 of 16 Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall:(1)immediatelydiscontinue 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. As compensation for the suspended Work, Contractor will be reimbursed for the following costs,reasonablyincurred, without duplication of anyitem, andto 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. 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 requiredin the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 9(c) shall bemade within fifteen (15) days after receiptoftheNoticeto ResumeWork andContractor shallsubmit arevisedWork Schedule for the City’s review and approval. Contractor’s failure to timely make such a claim shall result in a waiver of the claim. 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. 10.Termination for Contractor’s Fault: 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 andthe Contractor’s right to proceedwith all or any part ofthe 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 Inthe event of atermination pursuantto this Section 10,Contractor shall be entitled to payment only for those services Contractor actually rendered. In thecase of a lump sum orunit pricecontract,Contractor shall not beentitled to any furtherpayment until theWork 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 159 Page 7 of 16 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. 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. In the event of termination under this Section 10, Contractor shall, under no circumstances,be entitledto claimor recoverconsequential,special,punitive, lost business opportunity,lost productivity,fieldofficeoverhead, generalconditions costs, orlost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 11.Termination for City’s Convenience: 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, 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. UponreceiptoftheNotice ofTerminationforCity’s Convenience,unlessotherwise directed in the Notice, the Contractor shall immediately cease work on the Work, 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. 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. 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 entitledto claimorrecoverconsequential,special,punitive, lost business opportunity,lost productivity,fieldofficeoverhead, generalconditions costs, orlost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 160 Page 8 of 16 12.Limitation on Contractor’s Damages; Time for Asserting Claim: In the event of a claim for damages by Contractor under this Agreement, Contractor’sdamagesshall belimited tocontractdamages andContractorhereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity,lost productivity,fieldofficeoverhead, generalconditions costs, orlost profits damages of any nature or kind. 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: City’s Representative: The City’s Representative for the purpose of this Agreement shall be Nick Pericich, Water & Sewer Superintendent 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 orsubmission shall bedirectedto theCity’sRepresentative andapprovals 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 communicationorsubmission to otherdesignatedCitypersonnel oragentsand mayreceive approvals or authorization from such persons. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Mike Fisher, Xylem Inc. 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. 161 Page 9 of 16 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., 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 andchargesin connection therewith,andperform allsurveysandlocations necessaryforthetimely 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 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 fullywith 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 employmentopportunity 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 162 Page 10 of 16 person in compensation or in a term, condition, orprivilege 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 demandsof 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 permitor 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 complywith 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 requestproof of such compliance and Contractor shall be obligated to furnish such proof. 20.Labor Relations: 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 typearise 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 beleft 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. 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. 163 Page 11 of 16 21.Subcontractors: Contractor may employ subcontractors for any part of the Work. Contractor shall provide City with a list of all subcontractors employed. 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. 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 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, theContractor 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 reasonable 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 164 Page 12 of 16 resulting in bodily injury or destruction of property and without limit and without regard to the cause or causes thereof or the negligence of any partyor parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resultingfromorin anywayrelatedto: (i)thenegligent, reckless,orintentional 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 statutoryrights of the indemnitee(s) which would otherwise exist asto 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 any indemnitee described herein be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. e.In the event of an action filed against City resulting from the City’s performance under this Agreement, the City is responsible to represent itself and incur all costs and expenses of suit. f.Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. g.Contractor and City waive against each other, and against the other’s officers, directors, members, partners, and employees any and all claims for or entitlement to special,incidental,indirect, punitive, andconsequentialdamages,loss ofuse, loss ofprofits and revenue,and loss of reputation arisingout of, resultingfrom, or relatedto the Contract. This Cap does not apply to or limit any claim by either party for the following: (a) costs, losses, or damages asserted by third parties for destruction of tangible property, bodily injury, sickness, disease, or death or (b) gross negligence or willful misconduct. h.These obligations shall survive termination of this Agreement and the services performed hereunder. 165 Page 13 of 16 i.In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. 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 to include : Products and Completed Operations - $1,000,000, and, Contractual Liability coverage, and, On-going Operations; Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles); Property Insurance naming the City in an amount equal to greater of Contractor’s compensation or full replacement value of the work and equipment while at Contractor’s facility on an all risk coverage basis.; TheCityof Bozeman,its officers,agents,and employees,shall be includedas anadditional insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. Theinsurance and required endorsementsmust be in a form suitable to City . The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 27.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 payor 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. 28.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 166 Page 14 of 16 personnel from each party dulyauthorized 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 shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 29.AttorneyFees: Intheeventitbecomesnecessaryforeitherpartytothis Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party given notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel (to include the City Attorney’s Office). 30.Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 31.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. 32.Waiver: A waiverbyCity of anydefault or breach byContractor of any covenants, terms, or conditions of this Agreementdoes not limit City’sright to enforcesuch covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 33.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 34.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 35.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 36.Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 167 Page 15 of 16 37.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. 38.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 39.Assignment: Contractor maynot assignthis Agreement in wholeorin partwithout 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. 40.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. 41.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. 42.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreementoftheparties. Covenantsorrepresentations not containedtherein ormadeapart 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. 168 Page 16 of 16 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 Xylem Water Solutions USA, Inc. CONTRACTOR By:By: Jeff Mihelich, City Manager Print Name: Title: 169 DocuSign Envelope ID: 98B826CA-4BFA-45D7-9B74-95898D0A8D9E Great People. Great Pumps.®406-417-1784 (Cell) March 22nd, 2022 City of Bozeman Attn: Nick Pericich 814 N Bozeman Ave Bozeman, MT 59715 Re: PM for Flygt Lift Station Pumps 3860 Helberg Drive Helena, MT 59602-5608 Tel: (406) 495-1335 Fax: (406) 495-1336 Phone: (406) 582-3200 Dear Mr. Pericich, This quote provides an outline for a service quotation concerning a preventative maintenance schedule for your Flygt submersible lift station pumps, including Davis Lane lift station, as well as your Godwin CD150. It is recommended by Xylem that a service should be performed on each pump every year. Xylem’s price per day to service the City of Bozeman’s lift stations is $3,000/ day for a 5 year contract. The daily rate will be locked in for Years 1 and 2 and subject to CPI increases for Years 3 through 5. Xylem estimates this work to take three full days to complete per year. This priceincludes: Mileage from Helena, MT Service truck Two Xylem technicians, nine hours per day Per diem This price is contingent on factory certified Xylem/Flygt mechanics performing any pump repairs not covered under this PMA contract. The PMA contract does not include extra pump parts such as bearings, seals or consumables such as seal oil. Xylem estimates a cost of $75 per pump for required amount of seal oil and will be charged for the amount of oil used. Any other parts or repair work needed outside this contract, Xylem will contact the City of Bozeman with a quote for approval. Please note that Xylem does not perform any confined space entries or perform wiring or unwiring of pumps into the control panels. This agreement also entitles the City of Bozeman to a 5% discount on all parts for repairs. Xylem appreciates the opportunity to discuss this business and look forward to providing our services. Please review the information carefully and notify us if you wish clarification concerning any portion of the information. I can be reached by phone at (406) 417-1987 Thank you for considering Xylem Water Solutions USA, Inc. Sincerely, Dalton Oyler Sales Engineer dalton.oyler@xyleminc.com 406-495-1335 (office) 170 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer Lance Lehigh, Interim City Engineer Nick Ross, Director of Transportation & Engineering SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Morrison-Maierle, Inc. for Materials Testing MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with Morrison-Maierle, Inc. to provide materials testing for the City STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:In 2014 the City began retaining a consultant to provide construction materials testing on all our construction projects. Our current contract with Morrison-Maierle is about to expire, and therefore, an advertisement for request for proposals was placed in the Bozeman Daily Chronicle on January 9th, January 16th, and January 23rd, of 2022. Proposals were received from five firms which were distributed to a selection committee of Five city employees. Morrison-Maierle was chosen as the most qualified firm based on the written proposals. Attached is a copy of the partially executed professional services agreement with Morrison-Maierle, Inc. for the 2022 materials testing three year term contract in the City’s standard format. UNRESOLVED ISSUES:None ALTERNATIVES:Disapprove FISCAL EFFECTS:Materials testing services will be billed by a combination of unit costs and hourly rates depending on the test being performed with a cost not to exceed limit of $220,000. The testing will be paid for with approved funding from each associated project which receives testing under this agreement. Attachments: PSA.pdf Report compiled on: June 10, 2022 171 172 Professional Services Agreement for [Material Testing Term Contract] 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, __Morrison-Maierle, Inc., 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, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the 173 Professional Services Agreement for [Material Testing Term Contract] Page 2 of 11 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. 174 Professional Services Agreement for [Material Testing Term Contract] 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. 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. 175 Professional Services Agreement for [Material Testing Term Contract] Page 4 of 11 Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 176 Professional Services Agreement for [Material Testing Term Contract] Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. 177 Professional Services Agreement for [Material Testing Term Contract] Page 6 of 11 c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be __Kellen Gamradt____ or such other individual as City shall designate in 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 178 Professional Services Agreement for [Material Testing Term Contract] Page 7 of 11 purpose of this Agreement shall be _____________________ or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or 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. 179 Professional Services Agreement for [Material Testing Term Contract] Page 8 of 11 Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 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. 180 Professional Services Agreement for [Material Testing Term Contract] Page 9 of 11 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 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. 181 Professional Services Agreement for [Material Testing Term Contract] Page 10 of 11 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 two years by written agreement of the Parties. In no case, however, may this Agreement run longer than ___June 30, 2027____________. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 182 Professional Services Agreement for [Material Testing Term Contract] Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 183 Scope of Services and Fee – 2022 Material Testing Page 1 of 2 EXHIBIT A Material testing is to be performed in compliance with the City of Bozeman’s Design Standards and Specification Policy for soils, aggregates, concrete, and asphalt. Material testing is to be provided based on an on-call basis for the projects listed below and other projects that may be identified over the course of the construction season. Anticipated 2022 Projects Story Mill and Bridger Drive Intersection South 6th Ave Street Reconstruction (Babcock to Cleveland) North 7th Ave Water Main Improvement (Oak to Juniper) Annual Street Improvements Annual Curb Improvements Griffin Drive Street Reconstruction (Maus to Bridger Drive) Cottonwood (Oak to Baxter) Downtown Sewer Renovations The City or City’s consultant will be providing a Resident Project Representative (RPR) that will be responsible for contacting Morrison Maierle to schedule testing for the various projects and to outline testing locations and frequencies. Morrison Maierle will provide a contact person and backup contact person for the RPRs to contact. Results of failed tests will be provided to the RPR upon the conclusion of the test. All testing results will be summarized in a weekly report specific to each project and will be provided to the RPR and the City. Testing is to be provided at the rates listed on the Laboratory Rate Schedule, Labor Rate Schedule and Expense Rate Schedule provided below. These schedules are subject to annual adjustments. Laboratory Rate Schedule Test Rate per Test Proctor – AASHTO T180 – Material less than 3” $420 Sieve Analysis – AASHTO T27 (ASTM C136) – Materials less than 3” (less than #4 washed) $185 Sieve Analysis – AASHTO T27 (ASTM C136) – Materials 3” to 4” (less than #4 washed) $450 Atterberg Limits - AASHTO T89, T90 (ASTM D4318) $180 Concrete Cylinders – Strength Test – 4” Cylinders $160 per set of 4 Asphalt Core - Thickness and Density $90 per set of 3 Laboratory rate includes labor and expenses for testing and reporting once the sample is delivered and cataloged into the lab for processing. 184 Scope of Services and Fee – 2022 Material Testing Page 2 of 2 Labor Rate Schedule Classification Rate per Hour Technical Intern ** $77 Administrative Coordinator I ** $81 Project Coordinator II ** $102 Engineer Intern I $112 Resident Project Representative I ** $113 Engineer Intern II $128 Resident Project Representative II $132 Senior Engineer I $169 Senior Engineer II $185 Supervising Engineer III $220 ** Rate subject to time and one half for overtime. Expense Rate Schedule Expense Rate Nuclear Density Meter $10/hour or $35/day Vehicle $0.773/mile Asphalt Coring and Generator Equipment $160/day Asphalt Coring (if outside service used) Cost plus 5% Asphalt Lab Testing (outside service) Cost plus 5% Miscellaneous Expenses Cost plus 5% Budget The total budget for testing is $220,000 for the 2022 season. Actual effort will be billed per the rate schedules and will be dependent on the amount of testing requested. END 185 City of Bozeman Material Testing 2021 SeasonProjectEstimated EffortS 6th Avenue Street reconstruction from Babcock to Cleveland (including new water, sewer, and storm) 40,000.00$ N 7th Avenue Water Main improvements from Oak to Juniper Street15,000.00$ Street Improvements25,000.00$ Story/Bridger Intersection30,000.00$ Griffin Drive20,000.00$ Curb Improvements5,000.00$ Cottonwood (Oak to Baxter)50,000.00$ Downtown Sewer Renovations20,000.00$ Unlisted Project15,000.00$ Total220,000.00$ 186 Memorandum REPORT TO:City Commission FROM:Nick Pericich, Water/Wastewater Ops Superintendent John Alston, Utility Director SUBJECT:Authorize City Manager to Sign a Professional Services Agreement with WBI Energy Corrosion for Cathodic Protection System Testing MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Allow the City Manager to sign a professional service agreement with WBI Energy Corrosion Services that will allow the testing of our cathodic protection system on our water main supply from Hyalite for $8718.20 each year for three years. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:In 2005, we installed a new water main from Hyalite Canyon to the Sourdough Water Treatment Plant. That water main is equipped with a cathodic protection system that will increase the life of the pipe by reducing/eliminating corrosion of the pipe. In order to maintain the system effectiveness, it needs to be tested to ensure the anode material is adequate for protection. The goal is that we replace the anode before it becomes ineffective instead of letting the pipe corrode and replacing the pipe. This professional service agreement will allow a certified contractor to test this system and give us a technical report with findings and recommendations. UNRESOLVED ISSUES:None ALTERNATIVES:Delay testing or don't have the system tested. FISCAL EFFECTS:This will cost $8,718.20 to test each year for three years. It is currently in our operating budget for water operations and we intend on keeping this in our operating budget to test this these components yearly . Attachments: Cathodic_Protection_Testing_PSA.docx Estimate_P22-1169 (2).pdf Exhibit A Scope of Services.docx 187 Report compiled on: April 8, 2021 188 Professional Services Agreement for Cathodic Protection System Testing FY 2023 – FY 2025 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 28th day of June, 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, WBI Energy Corrosion Services, 552 Roxy Ln Billings, MT 59105, 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 date of its execution and will terminate one year from the date made and entered. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specifiedin theattachedestimate. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the 189 Professional Services Agreement for Cathodic Protection System Testing FY 2023 – FY 2025 Page 2 of 11 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. 190 Professional Services Agreement for Cathodic Protection System Testing FY 2023 – FY 2025 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 occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. 191 Professional Services Agreement for Cathodic Protection System Testing FY 2023 – FY 2025 Page 4 of 11 Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder, subject to applicable statutes of limitations. 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 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. 192 Professional Services Agreement for Cathodic Protection System Testing FY 2023 – FY 2025 Page 5 of 11 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. 193 Professional Services Agreement for Cathodic Protection System Testing FY 2023 – FY 2025 Page 6 of 11 c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered and direct costs actually incurred by Contractor 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. Contractor and the City hereby expressly waive 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 under this Agreement. 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 sixty (60) 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 Nick Pericich or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. 194 Professional Services Agreement for Cathodic Protection System Testing FY 2023 – FY 2025 Page 7 of 11 b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Robert Lunder or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c.Notices:All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person 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 195 Professional Services Agreement for Cathodic Protection System Testing FY 2023 – FY 2025 Page 8 of 11 be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 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 196 Professional Services Agreement for Cathodic Protection System Testing FY 2023 – FY 2025 Page 9 of 11 Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 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. 197 Professional Services Agreement for Cathodic Protection System Testing FY 2023 – FY 2025 Page 10 of 11 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31.Extensions:this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than 3 years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 198 Professional Services Agreement for Cathodic Protection System Testing FY 2023 – FY 2025 Page 11 of 11 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 199 P.O. Box 50988 Billings, MT 59105 Ph: 406-248-6985 Fx: 406-252-4730 ESTIMATE NO.DATE Estimate PROJECT TOTALCOSTQTYDESCRIPTION NAME/ADDRESS City of Bozeman 814 N Bozeman Bozeman, MT 59771 406-579-3684 P22-1169 2022 Eng & Maint Attn: Nick Pericich 3/28/2022 Customer #: 482148 Perform interrupted survey of Hyalite 24" - 32 TP 1.00 3,597.20 3,597.20 Perform interrupted survey of 48" Sourdough pipeline - 3 TP 1.00 1,376.00 1,376.00 Perform survey of 66" I-90 Casing - 2 TP 1.00 850.00 850.00 Current Interrupters Rental - Quantity of 26 - per day 3.00 965.00 2,895.00 Price will be held for the 2022, 2023, and 2024 Annual Survey TOTALEstimate does not include sales tax.$8,718.20 200 Exhibit A Scope of Services: 1. Perform a technical review of the following information. Specific tasks include: a. Construction drawings. b. CP Operation and Maintenance (O&M) manual. c. Historical CP survey data. d. Corrosometer meter operation and software. e. Robert Peccia and Associates 2019 submittal information. f. Davis Lane Lift Station & Norton East Ranch Outfall Sewer Project 2021 submittal information. 2.Perform an interrupted CP survey of the Hyalite 24-inch raw water transmission main. Specific tasks include: a. Determine CP test point locations based on record drawings and historical CP surveys. b. Install/remove portable current interrupters capable of GPS synchronized interruption at select locations. Jumper magnesium ribbons as deemed necessary. c. Examine condition of CP test stations and all associated components. d. Obtain “On” and “Instant-Off” DC potential measurements at each CP test point location for the ductile iron main. e. Obtain “On” and “Instant-Off” DC potential measurements for ductile iron coupons, inside and outside the polyethylene encasements, where applicable. f. Obtain AC potential measurements at each CP point location. g. Obtain galvanic anode current output measurements, where applicable. h. Obtain ER probe readings, where applicable. O i. Obtain fixed cell potential measurements at foreign pipeline crossings, where applicable. j. Obtain fixed cell potential measurements at tie-in locations and evaluate electrical isolation, where applicable. k. Test electrical isolation fittings and evaluate for proper operation, where applicable. l. Develop a technical report with test results, data analysis, and recommendations for repairs, additional testing, annual monitoring/maintenance, and other items as warranted. 3.Perform an interrupted CP survey of the Sourdough 48-inch finished water transmission main. Specific tasks include: a. Determine CP test point locations based on field observations. b. Examine condition CP test stations and all associated components. c. Install/remove portable current interrupters capable of GPS synchronized interruption at three locations. d. Obtain “On” and “Instant-Off” DC potential measurements at each CP test point location for the ductile iron main. e. Obtain AC potential measurements at each CP point location. f. Obtain galvanic anode current output measurements. g. Develop a technical report with test results, data analysis, and recommendations for repairs, additional testing, annual monitoring/maintenance, and other items as warranted. 201 4. Perform an interrupted CP survey of the I-90 66-Inch steel casing. Specific tasks include: a. Determine CP test point locations based on field observations. b. Examine condition CP test stations and all associated components. c. Install/remove portable current interrupters capable of GPS synchronized interruption at two locations. d. Obtain “On” and “Instant-Off” DC potential measurements at each CP test point location for the ductile iron main. e. Obtain AC potential measurements at each CP point location. f. Obtain galvanic anode current output measurements. g. Develop a technical report with test results, data analysis, and recommendations for repairs, additional testing, annual monitoring/maintenance, and other items as warranted. Exclusions: 1. Repair of CP system components. 2. Depolarized CP survey. 3. Close interval survey. 4. Investigation and interruption of foreign sources of CP current. 5. Electrical continuity testing of pipe joints. 6. Testing of slotted monitoring tubes. Assumptions: 1. The City of Bozeman will provide the aforementioned information for review and other information as deemed necessary. 2. The City of Bozeman will be responsible for: a. Providing facility and right-of-way access, as necessary. b. Landowner notifications and contact information, as necessary. c. Providing Corrosometer Meter and software. 3. Thirty-two CP test stations exist on 24-inch Hyalite Transmission Main. Three CP test station exist on the 48-inch Sourdough Transmission Main. Two CP test stations exist on the 66-inch I-90 casing. 4. All CP surveys will occur concurrently. 5. Field work can be performed 12 hours/day, Monday through Friday. 6. No site-specific or safety orientations will be required. 7. City of Bozeman personnel will be available to escort test personnel 8. No CP test station are located in vaults. 9. Static or depolarized potential data is not available. 10. No foreign rectifiers will require interruption. 11. Traffic control will not be required. 12. No casings, bonds, or alternating current (AC) mitigation systems exist. 13. No third-party permits or licenses will be required to access the right-of-way. 14. All-terrain vehicles will not be required to access the right-of-way. 15. No delays will occur due to weather, facility access, or other reasons beyond control of tester. 202 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Interim Director Community Development SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Code Studio for Update to Chapter 38, Unified Development Code, Application 21381 MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve Professional Services Agreement. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City Commission adopted Resolution 5368 on December 21, 2021 establishing priorities for 2022-2023. The priorities include: "UDC Overhaul – Adopt changes to the Unified Development Code that facilitate increased housing density, housing affordability, climate action plan objectives, sustainable building practices, and a transparent, predictable and understandable development review process." This professional services agreement is with Code Studio, a consulting firm specializing in code development and with much experience in form based codes. A portion of the funds for the project were approved with FY2022. The remaining budget amount for the project is dependent on the City Commission approval of additional funding in the FY2023 budget scheduled for later this evening. If the additional funds are not approved this agreement will not be completed but will need to be revised to accommodate the final amounts provided. The focus of this project is updating the code to implement adopted facility plans and growth policy. Multiple department coordination will be needed and that work is already underway to identify applicable issues, needed amendments to conform to updated plans, and coordinate with other City initiatives such as water conservation and sustainability. UNRESOLVED ISSUES:None 203 ALTERNATIVES:As determined by the City Commission FISCAL EFFECTS:This project was partially funded in FY2022 and additional funds are requested for FY2023. Contract amount is within the amount requested in the budget. Attachments: PSA Code Studio 6-14-2022_signed.pdf Report compiled on: June 21, 2022 204 Professional Services Agreement for UDC Update 21381 Page 1 of 14 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, Code Studio, 1800 East 4th Street, Unit 125, Austin TX 78702, 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 and Schedule attached hereto as Exhibit B 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 1st day of June, 2024, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, 205 Professional Services Agreement for UDC Update 21381 Page 2 of 14 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in 206 Professional Services Agreement for UDC Update 21381 Page 3 of 14 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of 207 Professional Services Agreement for UDC Update 21381 Page 4 of 14 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 insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non- renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 208 Professional Services Agreement for UDC Update 21381 Page 5 of 14 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the 209 Professional Services Agreement for UDC Update 21381 Page 6 of 14 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 Chris Saunders, Community Development Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to 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 Colin Scarff, Project Manager, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed 210 Professional Services Agreement for UDC Update 21381 Page 7 of 14 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. As affirmed in Attachment A, 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). 211 Professional Services Agreement for UDC Update 21381 Page 8 of 14 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term 212 Professional Services Agreement for UDC Update 21381 Page 9 of 14 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 213 214 Professional Services Agreement for UDC Update 21381 Page 11 of 14 By_______________________________ Greg Sullivan, Bozeman City Attorney Attachment B SCOPE OF SERVICES AND SCHEDULE The Consultant will: 1. Prepare language to further implement the City’s land use, housing, climate, and facility planning and other adopted plans. Emphasis is on clear, practical, and achievable standards which achieve multiple desired outcomes. 2. Reorganize Chapter 38 of the Bozeman Municipal Code for: a. Flow of reading and simplicity of use by the lay user while maintaining the necessary regulatory language and structure. b. Restructure code for greater cross references to other municipal code standards and connect to outside documents such as administrative rules and processes. c. Update definitions and ensure consistency across application in Chapter 38. d. Reorganize the presentation of individual zoning districts so each district has a consistent and independent “hand out” style construction presenting the development standards (not procedures) applicable to that district. 215 Professional Services Agreement for UDC Update 21381 Page 12 of 14 3. Review and recommend updates for building heights in non-residential zoning districts and necessary building design standards to transition to public rights of way and adjacent less intense zoning districts. 4. Create new zoning districts for greenfield development focusing on a few flexible districts; and update existing zoning districts for existing development to consolidate districts where appropriate with a greater focus on form and less on uses. 5. Revise application review processes for more efficient administrative decision making. Where necessary, create supplemental standards for specific uses or circumstances to address known concerns. The majority of City development reviews are presently administrative. 6. Revisions to the zoning map are not included in this scope. However, a description of how any proposed text will be applied through the zoning map is required. In preparing the above work, the Consultant will: Connect all recommendations to the requirements of Article 2 of the Montana Constitution, enabling legislation for zoning (76-2-301 MCA) and subdivision (76-3) MCA, and the adopted growth policy. This may occur outside of the actual draft text. Draft language in active voice with clear actor and subject of the text, avoiding jargon but using necessary regulatory language. Provide illustrations as needed to aid in understanding and applying the text. Provide examples of proposed formatting consistent with the City’s code numbering system and style for review and approval prior to preparation of draft substantive text. Provide digital files of documents for distribution during the review and comment phases of the project. Develop and track project communications including but not limited to meeting notes, comment reviews and responses, etc. Provide analysis that summarizes content and provides a succinct summary of review and approval criteria for various stages of review including in advance of Community Development Board and City Commission considerations. Provide modifiable digital files of approved documents and graphics via a mutually agreed upon file sharing platform. Provide digital files of the approved UDC in a format as required by the City’s third-party codification service provider – Municode. For substantive revised standards or code structures provide 2-3 examples from other communities along with a description of what purpose the standard was intended to address and how effective it has been in doing so; with a preference for where the standard has been in place for at least 3 years. Focus on development of standards relevant to the needs and character of Bozeman. Cut and paste standards from other communities will not be accepted. Completion time of 12 months after notice to proceed is issued for beginning of formal adoption process is desired. Public review period is expected to require 4-6 months to complete the adoption process. 216 Professional Services Agreement for UDC Update 21381 Page 13 of 14 217 Professional Services Agreement for UDC Update 21381 Page 14 of 14 218 Memorandum REPORT TO:City Commission FROM:Natalie Meyer, Sustainability Program Manager Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Elkhorn Commissioning Group for the Bozeman Public Library Commissioning Services MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with Elkhorn Commissioning Group for the Bozeman Public Library Commissioning Services. STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:On November 9, 2021, the City Commission approved a Contract for General Contractor / Construction Manager Services with Martel Construction Inc. for the Bozeman Public Library Renovation. On June 7, 2022, the City Commission approved a Guaranteed Maximum Price Amendment for the final design. A commissioning authority will be added to the Bozeman Public Library Renovation project team to ensure that the mechanical, electrical, and building systems are specified, installed, and operating efficiently during the construction and acceptance phase. The scope of work also includes post- construction retro-commissioning services for the entire facility for performance testing, an assessment of any deficiencies, and recommendations for improved efficiency, comfort, and operation and maintenance. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS: The maximum project fee for Bozeman Public Library commissioning services is $37,125, which is allocated within the Sustainability Division's budget. 219 Attachments: Professional Services Agreement_Elkhorn Comissioning_Library Commissioning_20220628.pdf Report compiled on: June 16, 2022 220 Professional Services Agreement for Bozeman Public Library Commissioning ServicesFY2022 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, Elkhorn Commissioning Group, PO Box 11826, Bozeman, MT 59719, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 30th day of June, 2024, 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 Fees. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the 221 Professional Services Agreement for Bozeman Public Library Commissioning Services FY2022 Page 2 of 11 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. 222 Professional Services Agreement for Bozeman Public Library Commissioning Services FY2022 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. In the event of an action filed against the City resulting from the City’s performance under 223 Professional Services Agreement for Bozeman Public Library Commissioning Services FY2022 Page 4 of 11 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 notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 224 Professional Services Agreement for Bozeman Public Library Commissioning Services FY2022 Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately 225 Professional Services Agreement for Bozeman Public Library Commissioning Services FY2022 Page 6 of 11 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 Natalie Meyer, Sustainability Program Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to 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. 226 Professional Services Agreement for Bozeman Public Library Commissioning Services FY2022 Page 7 of 11 b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Kevin Smith, Commissioning Authority, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person 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 227 Professional Services Agreement for Bozeman Public Library Commissioning Services FY2022 Page 8 of 11 require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 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 228 Professional Services Agreement for Bozeman Public Library Commissioning Services FY2022 Page 9 of 11 compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 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 229 Professional Services Agreement for Bozeman Public Library Commissioning Services FY2022 Page 10 of 11 balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 230 Professional Services Agreement for Bozeman Public Library Commissioning Services FY2022 Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ELKHORN COMMISSIONING GROUP By________________________________ By__________________________________ Jeff Mihelich, City Manager Kevin Smith, PE / Commissioning Authority APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 231 KEVIN SMITH • kevin@elkhorncx.com • 406.403.6526 • LAGAN TODD • lagan@elkhorncx.com • 406.210.0655 ELKHORN COMMISSIONING GROUP • PO BOX 11826 • BOZEMAN, MT 59719 COMMISSIONING PROPOSAL Date: June 9, 2022 Project: Bozeman Public Library Renovation Bozeman, MT Attn: Natalie Meyer Sustainability Program Manager City of Bozeman Bozeman, MT 406-582-2317 Dear Natalie, Elkhorn Commissioning Group (ECxG) is pleased to provide this proposal for commissioning (Cx) services and retro-commissioning (RCx) services including pre- construction, construction phase, and acceptance phase for the Bozeman Public Library Renovation project. We will provide all Cx services compliant with the Owner requirements, and according to commissioning best practices according to the Building Commissioning Association (BCxA), American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE), the International Energy Conservation Code (IECC 2018), and other relevant standards and guidelines. This project is unique in that we do feel we need to perform some retro-commissioning alongside project commissioning at a minimum, but have also proposed retro-commissioning of remaining systems in the building. Commissioning Requirements: Commissioning requirements include (see also Scope of Commissioning Services below): The CxA shall report results, findings and recommendations directly to the Owner and design team The CxA shall review contractor submittals applicable to systems being commissioned. The CxA shall verify that the requirements for training operating personnel and building occupants are completed Exhibit A 232 KEVIN SMITH • kevin@elkhorncx.com • 406.403.6526 • LAGAN TODD • lagan@elkhorncx.com • 406.210.0655 ELKHORN COMMISSIONING GROUP • PO BOX 11826 • BOZEMAN, MT 59719 The CxA shall review building operation within 10 months after substantial completion with O&M staff and occupants. Include a plan for resolution of outstanding commissioning-related issues. Scope of Work: The following systems will be considered the base commissioning scope of work : HVAC/Mechanical Systems and Equipment: o Existing Dual Duct Air Handling Units (2) and Relief fan (1) o Existing Dual Duct VAV’s modified by project (7) o New Electric Unit Heater o New Electric Cabinet Heater o Existing Temperature Controls as needed for above items The following systems would be considered as part of the retro-commissioning scope of work: HVAC/Mechanical Systems and Equipment: o Existing Dual Duct VAV’s not modified by project (23) o Boiler Plant o Chiller Plant o Exhaust Fans (7) o Split A/C unit (1) Contractors Responsibilities: Attend coordination meetings. Protect existing equipment through construction Complete start-up checklists and manufacturers start up recommendations and documentation. Provide trained technicians to perform tests and make appropriate system adjustments for proper operation during commissioning activities. Provide test and balance reports Commissioning Authorities Responsibilities: Develop and deliver a commissioning plan Develop Pre-functional Checklists for use during construction. Provide Project Specific Functional Performance Tests for each piece of Commissioned Equipment. Direct commissioning activities and testing. Verify test and balance work. Provide test result documentation, Field Reports and Final Commissioning Report. 233 KEVIN SMITH • kevin@elkhorncx.com • 406.403.6526 • LAGAN TODD • lagan@elkhorncx.com • 406.210.0655 ELKHORN COMMISSIONING GROUP • PO BOX 11826 • BOZEMAN, MT 59719 Assist with/facilitate training of owner O&M Staff Perform opposite season/warranty phase follow up testing/inspections Commissioning Activities: The commissioning authority will provide on-site commissioning inspection during the construction process. The commissioning plan can be presented during this site inspection. The CA will develop functional performance test documents. Testing will be accomplished using set point adjustments and overrides. The CA will provide a Field Report to the owner after each site inspection. The CA will provide deficiency reports to the owner after functional testing is completed. The CA will work with the contractors to correct deficiencies as they are discovered. If the deficiency cannot be corrected at the time of testing, re- testing of the item will be required. Provide a Commissioning Report detailing activities, tests and results. Retro-Commissioning Tasks The following retro-commissioning tasks will be completed: 1.Review the design documents, operation and maintenance information, and other as- built documentation to familiarize the Commissioning Provider with the design intent of the commissioned systems. Identify deficiencies and possible improvement opportunities with regards to system design. 2.Attend a kick-off meeting with City of Bozeman staff to discuss facility access, security issues, building automation system access, and any other logistics issues. This meeting will also be used to communicate the approach of the investigation process and time schedules. 3.Interview personnel occupying works spaces in all areas of the facility to gather oral information related to occupant comfort/discomfort. 4.Interview City of Bozeman support staff and review the existing building operation and maintenance including problems and challenges encountered. Define facility operating requirements, including operational schedules, temperature set points, and any other implementation limitations. 5.Develop the functional performance test procedures and forms to be used during commissioning. 6.Perform functional performance testing. Functional performance testing will verify that the equipment, systems, and controls are installed and operate per the original design intent and/or current facility requirements Functional performance testing shall include: 234 KEVIN SMITH • kevin@elkhorncx.com • 406.403.6526 • LAGAN TODD • lagan@elkhorncx.com • 406.210.0655 ELKHORN COMMISSIONING GROUP • PO BOX 11826 • BOZEMAN, MT 59719 Mechanical inspection to verify that the equipment and systems are physically installed properly and to assess their condition. Operational testing to verify that the equipment is operating properly and efficiently. Verification of proper programming and execution of all building automation system control sequences including control loops, interlocks, overrides, safeties, scheduling, and other functions. Measure a 20% sample of grilles, registers, and diffuser airflows and fume hood and other hood airflows and compare to the original design. Measure a 20% sample of hydronic systems water flows and compare to the original design and test and balance reports. Additional tests and inspections to verify that the performance of the systems conforms to the design intent and current facility’s operating requirements. 7. Upon City of Bozeman approval, make any improvements in the systems that can be made without the purchase of additional or replacement control components or the use of significant labor hours above and beyond those necessary for field testing. Typically, these improvements may include setpoint adjustments, minor alterations or repairs, adjustment of airflows within the capabilities of the equipment, etc. 8. Attend a meeting with City of Bozeman to review the draft Retro-Commissioning Report including discussion of problems found, recommendations, cost estimates, relative energy savings potential (qualitative, not quantitative), and develop a plan to move forward with repairs and improvements. 9. Provide one follow-up site visit to back check any work that was done per item #8 above to address the issues or improvement opportunities that were identified during the retro-commissioning. Documentation The Commissioning Provider shall provide the following documentation of the commissioning process: 1. Periodic progress reports during systems testing as required. 2. Submit a draft copy of the Retro-Commissioning Report to the City of Bozeman. The Retro-Commissioning Report shall include the following information: Executive Summary Project background and scope of the commissioning project. A description of the commissioned systems and controls. Major system and equipment deficiencies identified including recommendations for resolving the deficiencies. 235 KEVIN SMITH • kevin@elkhorncx.com • 406.403.6526 • LAGAN TODD • lagan@elkhorncx.com • 406.210.0655 ELKHORN COMMISSIONING GROUP • PO BOX 11826 • BOZEMAN, MT 59719 Recommended improvements for better energy efficiency, comfort, and operation and maintenance of the systems and equipment. The estimated implementation costs and the relative or qualitative assessment of energy impacts (e.g. High/Med/Low) for each major repair or improvement. An Appendix, including a complete list of deficiencies, completed functional performance test forms, engineering calculations, meeting notes and agendas, progress reports, and any other documentation from the commissioning process. 3. Submit one electronic copy of the final Retro-Commissioning Report to the City of Bozeman, incorporating draft report review comments and results of the review meeting as appropriate. Fees: Price to provide Commissioning services as outlined in this proposal is: Fourteen Thousand Eight Hundred Fifty Dollars: $14,850.00 Our estimate to provide Retro-commissioning services is: Twenty-Two Thousand Two Hundred Seventy-Five Dollars: $22,275.00. We would like to approach this scope differently, utilizing this as a maximum fee and billing based on actual time spent. Proposed by: _________________________ Print Name: Kevin Smith; Elkhorn Commissioning Group kevin@elkhorncx.com Date: June 9, 2022 Accepted By: ________________________________ Date: ___________________ 236 Memorandum REPORT TO:City Commission FROM:Natalie Meyer, Sustainability Program Manager Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Lotus Engineering & Sustainability for a Community Greenhouse Gas Emissions Inventory and Data Visualization Platform. MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with Lotus Engineering & Sustainability for a Community Greenhouse Gas Emissions Inventory and Data Visualization Platform. STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND: The City of Bozeman adopted the 2020 Bozeman Climate Plan, which includes the following goals: Reduce greenhouse gas emissions 26% below 2008 levels by 2025 100% net clean electricity by 2030 Achieve carbon neutrality by 2050 To track progress and inform future programming, the City of Bozeman requires the services of a qualified consultant to complete a community greenhouse gas emissions inventory within the City of Bozeman boundary. The inventory will provide a current understanding of Bozeman’s 2020 greenhouse gas emissions. The inventory will be completed according to the methodology and reporting template outlined in the Global Protocol for Community-Scale Greenhouse Gas Emissions (GPC) standards at the BASIC+ level and align the data with the City's reduction targets in a manner that is complete, consistent, transparent, and accurate. In addition to measuring emissions, the scope of work includes the City's first carbon stock analysis to quantify carbon sequestration. Deliverables include a final report, a public data visualization platform, and an inventory management plan for future inventory updates. 237 UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The work described will be completed with an estimated fee of $40,960, which is allocated in the Sustainability Division budget. Attachments: Professional Services Agreement_Lotus Sustainability_Greenhouse Gas Emissions Inventory_20220628.pdf Report compiled on: June 16, 2022 238 Professional Services Agreement for a Community Greenhouse Gas Emissions Inventory FY2022 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, Lotus Engineering & Sustainability, 1627 Vine St. Denver, CO 80206, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 30th day of June, 2023, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the 239 Professional Services Agreement for a Community Greenhouse Gas Emissions Inventory FY2022 Page 2 of 11 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. 240 Professional Services Agreement for a Community Greenhouse Gas Emissions Inventory FY2022 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. In the event of an action filed against the City resulting from the City’s performance under 241 Professional Services Agreement for a Community Greenhouse Gas Emissions Inventory FY2022 Page 4 of 11 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 notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 242 Professional Services Agreement for a Community Greenhouse Gas Emissions Inventory FY2022 Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately 243 Professional Services Agreement for a Community Greenhouse Gas Emissions Inventory FY2022 Page 6 of 11 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 Natalie Meyer, Sustainability Program Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to 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. 244 Professional Services Agreement for a Community Greenhouse Gas Emissions Inventory FY2022 Page 7 of 11 b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Hillary Dobos, Principal/Co-Owner, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person 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 245 Professional Services Agreement for a Community Greenhouse Gas Emissions Inventory FY2022 Page 8 of 11 require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 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 246 Professional Services Agreement for a Community Greenhouse Gas Emissions Inventory FY2022 Page 9 of 11 compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 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 247 Professional Services Agreement for a Community Greenhouse Gas Emissions Inventory FY2022 Page 10 of 11 balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than June 30, 2024. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 248 Professional Services Agreement for a Community Greenhouse Gas Emissions Inventory FY2022 Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA LOTUS ENGINEERING & SUSTAINABILITY By________________________________ By__________________________________ Jeff Mihelich, City Manager Hillary Dobos, Principal / Co-Owner APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 249 Exhibit A Scope of Work Task 1: Project Management We propose an approach that will seamlessly support the City of Bozeman. At the project’s onset, we will establish agreement on the project goals, expectations, process, scope, timeline, and measures of success. Specific subtasks include: ● Hold a virtual kick-off meeting for the project. o Review the scope of work, including key milestones and dates. o Establish a process for coordinating with the internal project team. o Determine frequency and content of regular check-in calls and emails, and schedule accordingly. o Review the monthly invoice reporting process. o Ensure there is agreement on the project goals and expectations, process, scope, timeline, and outcomes of the subsequent work. ● Biweekly check-in emails. ● Additional phone calls and emails (as needed). ● Monthly invoice reporting. Deliverables: ● Project kickoff meeting. ● Final project plan and timeline. ● Monthly invoice reports. Task 2: Develop 2020 Community-Wide GHG Emissions Inventory Task 2 includes the creation of a 2020 GPC-compliant GHG inventory for community-wide emissions and accompanying documentation. This inventory will be created utilizing an inventory analysis spreadsheet tool that Lotus developed and is compliant with the protocol. We will make sure that the tool is easy to understand, includes many summary charts and data visualizations to help communicate the information, and can be updated in-house in future years to generate comparable emissions inventories. All data sources and information are maintained and shared with the city to ensure transparency and replicability. Specific subtasks include: ● Create a transparent GHG emission inventory tool for Bozeman that is GPC- compliant at the level desired by the city. Key aspects of this tool include summary of data sources; emission factors; emission calculations; emission summary; and a “ClearPath ready” input tab for later entry into ClearPath, if so desired. ○ Note we can enter data into ClearPath if requested for additional fee. ● Review BASIC and BASIC+ data requirements. 250 ○ BASIC+ level requires communities to cover a broader range of emission sources in addition to the ones under the BASIC level. These emissions cover sources such as industrial processes; transmission and distribution losses for electricity; agriculture, forestry and land use; and transboundary transportation. ● Review all applicable emission sources and outline sources (e.g., direct or indirect) that may be considered de minimis by scope and sector. Review this list with Bozeman. Note this may eliminate various Scope 3 emissions categories. ● Review, cull, analyze, and leverage available data to save time and money. ● Confirm reporting protocols, emissions factors, activity data and analytical tools. ● Coordinate data collection from multiple city departments and all other required sources, identify types of necessary data, collection procedures, and approach to addressing data gaps. ● Conduct quality assurance/quality control (QA/QC) review on collected data to ensure that it aligns with best practices and industry knowledge. ● Calculate key metrics for future comparison including, but not limited to, emissions by sector, emissions by source, emissions per capita, energy use intensity by building sector, residential electricity, and natural gas use per capita. ● Prepare an inventory output for reporting platforms such as Carbonn, CDP and/or the Compact of Mayors. ● Review all findings with the city. Deliverables: ● 2020 GPC-compliant GHG inventory. ● Inventory review meeting. ● All accompanying data sources, including emails and original reports and spreadsheets. Task 3 – Carbon Stock Analysis Task 3 includes quantifying carbon sequestration for the boundary and relating carbon stock and sequestration to the overall inventory. Lotus can complete a Carbon Stock Inventory to set a baseline for the amount of carbon currently stored in the landscape, so that, for future inventories, additional carbon sequestered or lost due to annual land-cover type changes can be estimated. It is important to note that carbon stock measures carbon that is already stored and does not represent available storage capacity for additional storage. It does represent potential added emissions if the land-cover providing the storage is destroyed. A carbon stock inventory would measure existing carbon stocks as a baseline and be able to compare to overall GHG emissions for the boundary. To complete a Carbon Stock Inventory, Lotus will first reference work that has already been completed, including data from the US EPA, USFS, and others. During this research phase, we will also be able to identify key current and future risks associated with carbon stocks (i.e., climate change, wildfire, invasive species, etc.). Once we have a good sense of which data source(s) we would like to use, we will utilize GIS to fully map Bozeman’s land and forest cover. Next, we will apply a mean carbon stock value (also called carbon density value) based on average plot estimates by vegetation land-use types. This carbon stock value will include soil organic carbon, as well as carbon found in belowground 251 and above-ground biomass and litter or woody debris biomass. After totaling all carbon stocks in the individual land-use types, such as forests, vegetation, soil, and/or inland waters, we will be able to calculate carbon stock. Specific subtasks include: • Identify data to be collected (both spatial and tabular). • Collect remaining data, as necessary. • Perform QA/QC on all collected data. • Original research in a zipped file. Deliverable(s): • Call(s) to discuss data needs and data-related questions. • Original data sources in a zipped file. • Carbon Stock Analysis. Task 4: Inventory Management Plan and Training Lotus will train City staff so that future inventories can be completed in-house. Lotus will prepare an Inventory Management Plan that explains how the inventory was created, any assumptions that were made, provide a guide for future data collection, and describe calculation methodologies. The Inventory Management Plan will also include a detailed description of how to use the inventory tool. We will host a virtual training session for key City of Bozeman staff and personnel to teach the inventorying practice. This session may loosely follow the information laid out in the Inventory Management Plan that and will be designed to focus on specific areas of concern or challenges. We will also brainstorm with the group how future data collection and accounting can be enhanced. Note: The Inventory Management Plan will make recommendations on which data should be updated regularly (every inventory) and which data can be updated on a less regular basis. This data could be updated on a less regular basis as it most likely does not change much, is hard to collect, and has a small impact overall on the inventory. If an inventory is too time-consuming to update, we have found that many clients seek outside consultants to do the work since they do not have in-house capacity. To set reasonable expectations for future updates, we will rank data by importance, time to collect, and data quality (low, medium, and high). Deliverable(s): • Inventory Management Plan • One meeting to explain how to use the spreadsheet Task 5: Data Visualization Platform Lotus has developed engaging websites and innovative data tools communicating sustainability and resiliency plans for several mountain communities. We understand that impactful implementation hinges on ensuring the community is involved at all stages and that information about the plan is publicly available, transparent, and understandable. Lotus will support the integration 252 of a data visualization platform for the City of Bozeman’s existing sustainability website that allow all community members to engage with climate and emissions data in an interactive format that will enable transparent monitoring of progress towards goals. See an example of an interactive StoryMap we created for High Country Conservation Center here. Other examples of data visualizations that Lotus has created for clients can be found here. We will support Bozeman in updating their website with the results of the 2020 Inventory and integrating a dashboard along with data visualizations to create an interactive and engaging platform for Bozeman to share its sustainability story. We will create a tool that tracks progress toward the goals developed in the 2020 Bozeman Climate Plan and communicate the key points of the plan through the website. There are several options for data visualization tools as shown below. Specific subtasks include: • Work with the City to identify the best platform for an interactive and engaging web tool to communicate the updated plan and track progress towards goals. ○ If the City were to prefer the dashboard option, Lotus has experience with the following dashboard platforms: ■ Tableau. ■ ArcGIS Dashboards. ■ PowerBI. ○ If the City were to prefer the website option, Lotus could create the website in the following platforms: ■ ArcGIS Hub. ■ Squarespace. ○ The following tools could be used to create interactive visualizations within each focus areas web page: ■ ArcGIS Hub default web visualizations. ■ RStudio. ■ Chartist.js. ■ Dash. ● Develop the web tool and conduct multiple rounds of user testing to ensure clarity of information and ease of use. ● Collaborate with the City’s project staff to ensure seamless integration of the developed web tools with the City of Bozeman’s existing web infrastructure. Deliverables: ● Interactive dashboard or website. Note that we have assumed a relatively basic dashboard or website. Our budget for this task is estimated at $9,400. Additional hours beyond this can be charged on hourly rate. Task 6: GHG Emissions Report Lotus will prepare a GHG emissions report. The report will be graphically/infographic heavy. The report will be written and formatted so that it is easily understood and received by the public. Initial content will be provided as a Word document for feedback. It is assumed that there will be one round of edits. In the report, Lotus will clearly tie baseline GHG emissions and 2020 GHG emissions to the city’s emissions reduction goals. Specific tasks include: 253 • Prepare a summary report that includes: o Key findings of the 2020 inventory. o A comparison of activity data and emissions trends between previous inventories (2008, 2012, 2016, 2018) and 2020. o Highlight COVID impacts (increases and decreases in emissions). o A review of the potential causes for changes in activity data and emissions between 2008 and 2020. Deliverables (Each deliverable will have one round of feedback): ● Draft Word Document. ● Final Word Document. Budget and Timeline Detailed Budget Lotus is able to work at an hourly rate for additional work that is not included in scope above. Schedule The Lotus team anticipates completing this work in 8-10 months. However, this timeline assumes timely receipt of necessary data from Bozeman. Our schedule is based on our expertise and experience from many years of this work. Ongoing Support Part of our mission is to empower our clients to complete future projects in-house and use the work in their everyday jobs. Our deliverables are very transparent; we keep records of all emails, phone calls, and original datasets to leave a paper trail for the next iteration. We also have an open-door policy if previous clients have questions months after the contract has ended, and we Hillary Rachel Nick Shannon $ 170 $ 13 0 $ 13 0 $ 10 0 Task 1: Project Management 0 27 0 0 27 $3,510 Task 2: 2020 GHG Inventory (BASIC+)10 40 10 40 10 0 $12,200 Task 3: Carbon Stock Analysis 5 20 10 10 45 $5,750 Task 4: Update Inventory Management Plan 5 5 5 15 30 $3,650 Task 5: Interactive Dashboard or Website 10 15 25 25 75 $9,400 Task 6: GHG Em issions Report 5 10 10 30 55 $6,450 Total Costs 35 117 60 120 332 40,960.00$ Task and Subtask Lotus Labor Hours Total Labor CostsTotal Hours Task and Subtask Aug Sept Oct Nov Dec Jan Feb March April Task 1: Project Management Task 2: 2020 GHG Inventory (BASIC+) Task 3: Carbon Stock Analysis Task 4: Update Inventory Management Plan Task 5: Interactive Dashboard or Website Task 6: GHG Emissions Report 254 are happy to answer a reasonable amount of additional questions at no additional fee after the project is completed. If the client requires changes and/or enhancements to final work products, we will charge an hourly rate – no retainer needed. 255 Memorandum REPORT TO:City Commission FROM:Chuck Winn, Assistant City Manager SUBJECT:Resolution 5399 Authorizing Prime Change Order 17 with Langlas and Associates for Construction of the Bozeman Public Safety Center MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5399, Authorizing Prime Change Order 17 with Langlas and Associates for Construction of the Bozeman Public Safety Center. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:On July 27, 2020, the City Commission approved the Guaranteed Maximum Price Amendment for Construction of the Bozeman Public Safety Center as a part of the General Construction/Construction Manager agreement. This amendment contains provisions for altering the conditions of the agreement as authorized by the owner (City) to include additional work and credits resulting in a change to the construction contingency of $51,431.99. The majority of additional costs in this change order are attributed to modifications to the project necessitated by enhancements to the building requested by the City and scope gaps between the plans and specifications. The Safety Center budget contains both owner and contractor contingencies to address unforeseen conditions, scope gaps, and owner requested changes. While every reasonable attempt was made to include everything in the original project plans and specs, projects of this size and complexity require changes during construction. The changes included in this request are reasonable and are within existing contingency amounts and overall project budget as authorized by the City Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The net amount of Change Order 17 is within the approved contingency amounts and authorized project budget. Attachments: Resolution_5399 CO17.docx BPSC Job No. 19426 Prime CO 17 signed STL_red.pdf 256 Report compiled on: June 7, 2022 257 Version April 2020 RESOLUTION 5399 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHEREAS,the City Commission did, on July 27, 2020, authorize award of the Guaranteed Maximum Price (GMP) Amendment for Construction of the Bozeman Public Safety Center with Langlas and Associates; and WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such alterations for modification of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations and modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alternates to the GMP Amendment for Construction of the Bozeman Public Safety Center, as contained in Change Order #17, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 28th day of June, 2022. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 258 Version April 2020 ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 259 260 Date: 4/15/2022Change Estimate LogCONTRACT SUMMARYCONSTRUCTION CONTINGENCY SUMMARYContract Sum at GMP36,436,485.00$ Construction Contingency at GMP888,695.00$ Project Name:Previously Approved CO's1,037,987.02$ Previously Approved Adjustment505,807.50$ Bozeman Public Safety CenterCurrent Contract Sum37,474,472.02$ Current Contingency Amount382,887.50$ = Current CO ProposedJob Number: 19426Current Proposed CO51,431.99$ Current Proposed Adjustment22,679.52$ ROM = Rough Order of MagnitudePending CE's210,073.89$ Pending CE's154,336.00$ Potential New Contract Sum37,684,545.91$ Potential Contingency Remaining205,871.99$ CE # Related DocumentPrimeCO #DescriptionPotential Revision for ReviewCurrent CO for Approval Approved AmountPotential Revision to Construction ContingencyCurrent Adjustment to Construction Contingency for ApprovalApproved Adjustment to Construction ContingencyStarting Contract Amount (EWA 1)238,788.00$ -$ 1CoB Permit No. 287011 Provide demolition permit fees by Contractor. Previously listed "by Owner".2,009.57$ 2RTI Invoice 19-47791Provide Hazardous Material Survey and Sample Testing. Previously listed "by Owner".5,225.24$ 3RTI Invoice 19-48232Provide Hazardous Material Air Clearance Testing. Testing previously "by Owner".2,537.25$ 4EWA #1A3Remove buried foundation elements below Building "H", deemed as unforeseen conditions1,270.14$ 5EWA #2A3Concrete and Asphalt Material Crushing, Testing and Survey78,685.26$ 6EWA #34Rouse Avenue Utilities Early Work121,747.67$ 7EWA #3 T&M Work5Miscellaneous Time and Material Work During EWA 3 (NWE Prep, Insulate Water Main, etc.)324.23$ 8EWA #4 Sitework Package5Early Sitework Package Contract Awards and General Conditions3,073,348.35$ 13GMP Exhibit No. 1GMPAdd Building Packages to Contract for Guaranteed Maximum Price32,912,549.30$ (888,695.00)$ TOTALS AT GMP36,436,485.00$ (888,695.00)$ 9L. Evans E-mail 05.05.207Soil Removal and Replacement in Soft Areas in South West Parking Lot Area3,781.06$ 10S. Holt E-mail 05.19.207Hand Compaction of Curb Subbase and Base Due to Conflict with NWE Gas Line3,795.74$ 11ASI 0037Increase in Storm Drain Pipe due to Design Development1,808.20$ 12L. Evans E-mail 07.09.207Soil Removal and Replacement in Soft Areas on West Drive and North Parking Lot Areas10,476.03$ 14PR 01 -Decorative Fencing VENot Accepted15aPR 02 - Civil and Landscape14Modifications to Civil and Landscaping between EWA 4 and Final Design2,329.18$ 15bPR 02 - Fencing16Modifications to Permanent Fencing between EWA 4 and Final Design-$ 16aAddendum 4 / RFI 0068Building Permit Review Comment Changes - Structural Revisions41,163.21$ 16bAddendum 417Building Permit Review Comment Changes4,255.30$ 17GC/CM Agreement §11.37Builder's Risk Insurance75,404.91$ 18PCO 1, 2, 37EWA Permitting and Testing Fees not included with GMP11,724.21$ 19Bid Package 10A / PR 2014Fall Protection Roof Anchors1,790.66$ 31,037.87$ 20Alternate 87 Savings to Split Solar PV from Electrical Subcontractor(9,034.67)$ 21Building Re-Bid 08/07/207 Contract Re-Bid Bid Packages(7,973.95)$ 22Addendum 5 / PR 03 & 03.17Additional Sanitary Waste Plumbing and Backwater Valve Resulting from Building Permit Review37,151.70$ 23PR 048Replace KS-3 Faucets in Family Care 100F & Kitchenette 105A with Touch-Free KS-4 Faucets595.47$ 24RFI 0237Insulation Cover Protection Over Sand Oil Separator Vault and Inlet Pipe2,950.12$ 25RFI 02411 Reduction of Embed Studs(2,002.28)$ 26aBuilding Re-Bid 08/07/2016Contract BP 8A Doors & Hardware Supply(1,015.27)$ 26bBuilding Re-Bid 08/07/2016Contract BP 8C Overhead Doors Alternate 42,262.34$ 27RFI 033 9Embed Plates at Bottom of All Brace Frame Footings22,855.51$ 28RFI 0208Foundation Wall Thickness Change at Stair 3 Alcove661.43$ 29ASI 0108Revised Foundation Wall Height at Area A684.20$ 30ASI 016 8PD Open Office Electrical and Technology Revisions4,516.68$ 31RFI 0679Modify Fitness Storage Room Doors with Louver Grilles137.62$ 32RFI 039b / PR 069Wall & Casework Modifications in Open Office 110971.25$ 33PR 058Ceiling and Electrical Revisions2,170.33$ 34Building Permit Schedule Extension for Permit Review Delay55,593.97$ 35aRFI 04212Area A Entry Footing Change4,780.40$ 35bRFI 066, ASI 01912Area D Entry Footing Change4,043.52$ 36Anodized Aluminum VE8Revise Aluminum Storefront, Curtainwall, Automatic Sliding Entrances and Windows to Anodized(11,117.65)$ 37Sheet L-002 Note 211Drilling of Irrigation Well14,342.82$ 38RFI 05710Electrical Room 148B Changes (Elimination of Panel, relocate circuiting, reduced panel rating)(2,558.34)$ 39RFI 043-Glycol Concentration Discrepancies for AHU-2, AHU-3 and ERV-1Closed40RFI 08913Screened Rock for Interior Backfill and Slab Prep4,290.93$ 41aPR 08a - Rough-in13PD Interview Rooms Building Security System Coordination with Getac Video Solutions8,262.16$ 41bPR 08a - Cameras14PD Interview Rooms Building Security System Coordination with Getac Video Solutions54,472.36$ 42PR 0910Modified Furniture Layout in Digital Forensics Room 142E2,195.67$ 43PR 10-Changes to FD Wardrobe ClosetNot Accepted44PR 079Additional Exterior Electrical Outlets714.47$ Sent to T1 for review 04/15/21Pricing options from AVI and LONG submitted to T1 10/25/21City of BozemanLanglasCommentsTracked T&M.Negative amounts to Const. Contingency mean funds added.Tracked T&M.Closed 11.19.20 OAC. Savings $26,115.98.Approved 10/29/21 OACDiscussed 03.04 and approvedInadvertently not included with GMP document.See Allowance Log.Approved 03/31/22 Cost OACApproved 1/6/22 Cost OACApproved by C.Winn via phone call 06/04 with L.CantrellSent to T1 for review 04/15/21Drilling of the well not included in GMP.RFI response revised so there would be no cost change.Sent to T1 for review 8/5/21Due to ceiling height change, CoB opted to forgo. OAC 04/01/21Building mounted receptacles, only, approved.2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005261 CE # Related DocumentPrimeCO #DescriptionPotential Revision for ReviewCurrent CO for Approval Approved AmountPotential Revision to Construction ContingencyCurrent Adjustment to Construction Contingency for ApprovalApproved Adjustment to Construction ContingencyComments45Bid Package 31 Allowances13Material Off-Haul and Structural Fill Import Beyond Contract Allowances27,567.69$ 46RFI 06512Revision and Rework of Area D Wall - Along GL D.2 at V-190927.33$ 47ASI 2410Modification of Hand Rail Design and Installation3,658.57$ 48ASI 2810VAV Schedule Revisions(781.79)$ 49RFI 0719Horizontal Joint Reinforcement in 8M-1 and 12M-3 Wall Types(5,746.15)$ 50PR 1114Courtroom AV7,552.47$ 51CASE Testing10Masonry Grout Comparison Testing6,908.07$ 52Sub.05 3100-01 / RFI 05011Credit to Omit Primer on Underside of Deck at Non-Exposed Areas(11,837.15)$ 53Bid Package 7E11Add Vapor Barrier at Exterior CMU Walls72,264.70$ 54PR 12-FD Kitchen Dishwasher/Sanitizer AdditionNot Accepted55RFI 10915Increase Roof Drain Pipe Sizing from 4" to 6"3,249.62$ 56Master Budget Reconciliation10Move Builder's Risk Insurance from Contractor Contingency to Owner Change75,404.91$ (75,404.91)$ 57PR 1313Drive Approach Sleeves to Future NWE Overhead Line Relocation5,519.52$ 58Allowance 210Add to Winter Conditions Allowance380,000.00$ 200,000.00$ 59ASI 40 / Submittal #611116Revised Masonry Veneer Ledger Angle Details13,628.41$ 60RFI 03212Revised Brick Ledge at Grid A.41,074.82$ 61PR 1412Fire Department Gear Dryer (Electrical Modifications)867.04$ 62PR 1513Fire Department Conference Room Second Display and Screen Size Increase3,495.16$ 62aPR 15 Correction15Credit Duplicate Screen Cost from Prior CE(642.15)$ 63PR 1617Super Graphics608.33$ 64ASI 3912Second Level Floor Box Locations(977.88)$ 65ASI 43a-Masonry Mechanical Chase Opening in Area D Grid 2.7 WallClosed66PR 1713FD GPS Repeater Infrastructure2,627.73$ 67PR 1813Future Judge Restroom RR-251 Plumbing Rough-in2,697.87$ 68PR 18-Future Judge's Office 251 and Judge Restroom RR-251 Shell Fit OutNot Accepted69RFI 19913Add (2) Dedicated Circuits for AV Racks in Briefing Room 122 and Storage ST-1051,241.74$ 70RFI 210 / RFI 263 Entry Canopy Curtainwall Bent Plates71Spec 27 5319, 28 3201, T-006 In-Building Wireless Systems154,336.00$ 72Solar PV Array Upgrade13Upgrade Solar Panel Array from 50kW to 250kW255,842.11$ 73NWE Work Outside Contract15Sitework Reclamation after NWE Permanent Service Install1,472.46$ 74PR 20-Combined with CE 7275PR 2113Dual Data Port at Police Dept Canopies657.83$ 76ASI 4813Steel Sheathing Wall Assembly Revisions(14,237.86)$ 77PR 1913Courtroom Casework Revisions3,358.37$ 78PR 2213FD Cleaning (Rm. 154C) - Electrical Updates(279.78)$ 79PR 2316South Lobby Furring Wall5,427.57$ 80PR 24-Armory Counter and Shelving ExtensionAccepted81RFI 17915Added Angle and Plate Steel at Courtroom Clerestory Walls1,587.10$ 6,889.29$ 82Bid Package 9A, VE Price 1-Eliminate Drywall Z-Reglet DetailsClosed83Bid Package 13A / PR 2815Facilities Storage Building Revised Design(11,528.53)$ 84PR 25holdLandscape Boulders at South Staff Entry15,069.65$ 85Irrigation Well13Credit for Actual Well Development Depth and Pump Electrical Disconnect(1,200.92)$ 85aIrrigation Well Credit Correction15Correct Pump Electrical Disconnect Credit603.08$ 86Submittal 48615Raceway and Box Rough-In for Four-Fold Door Control Wiring40,793.71$ 87Bid Package 9D14Replace Flooring Subcontractor84,000.19$ 88ASI 56-Four Fold Door Control Box and Pilaster CoordinationClosed89PR 26-Delete Window Film and add Black-out Roller Shade at Evidence Pick-Up WindowNot Accepted90Bid Package 31 Allowance Material Off-Haul Beyond Contract Allowance (August 2021 through December 2021)91ASI 5714PD Records HD Storage Area Change to Workstations5,365.26$ 92RFI 207.1-Change Open Office 110 East Wall TVs from Ceiling Mount to Wall MountClosed93Bid Package 9C16Contract No-Bid Acoustic Ceiling Tile and Wall Panels Bid Package106,563.05$ 94RFI 216 / Insp. Report 9.9.2115Additional Welding from Relief Angle to Steel Stud Framing8,349.79$ 95RFI 22214Add Remote Operators to SRG-1 Courtroom Return Grilles5,777.53$ 96RFI 17117Entry Vestibule HSS Spacers4,117.73$ 97PR 2716Fire Station Alerting System Revisions4,648.10$ Rev 1 sent to T1 for review 1/14/2298ASI 61-Apparatus Bay StripingClosedLanglas agreed to cover this cost along with whole floor epoxy.99PR 2915Remove Elevator Power Module and Cab Light Disconnects(11,539.42)$ Approved 12/9100ASI 6316Add Brick Veneer Ledger Angle at FD Vestibule East Exterior Wall1,680.36$ Sent to T1 for review 01/25/2022.101ASI 6416Elevator FACP Cabling364.37$ Rev 1 sent to T1 for review 1/14/22102RFI 23616Add Parapet Cap Flashing at Area D Roof Screen Walls921.05$ Sent to T1 for review 12/6/21.103RFI 195-Change Service Window to Painted Black FinishNot AcceptedClosed 12/09/21 OAC.104PR 3017Chair Rail Wall Protection11,149.62$ Approved 02/11/2022 OAC105Submittal 850 Folding Glass-Panel Partition Re-Engineering and Design Coordination106RFI 178 / ASI 49 / RFI 230 Interior Wall Framing Changes and Coordination107RFI 25217Johnson Controls Power Supplies6,149.46$ Submitted to T1 03/03/22.108RFI 22817Infrastructure and Cabling for Motorized Shade Control Wiring1,422.00$ 16,530.06$ Approved 02/17/2022 OACSent to T1 8/4 for review.Sent to T1 8/12/21Not Approved. OAC 05/06/21Originally shown on Owner side of Master Budget Sheet.ROM. $1,533.40. Final cost to be incorporated into BP 12B.Per 06/10/21 OAC, do not price.Sent to T1 for approval 03.22.21Not Accepted.Approved by CoB during 12/16/21 OACApproved 09/02/21 OAC.Contractor to cover cost.Sent to T1 for review 12/3/21.Approved 01/25/2022 OACLL and T1 addressing separately from the contract.50/50 split Const. Contingency and Contractor Out-of-PocketApproved 10//14/21 OACAccepted 03/03/22 OACRecharge Construction Contingency per CE#37, above.Submitted to T1 for review 12/2/21.Continue to hold. May be installed after project completion. 3/3/22Approved in 03/31/22 Cost OACDiscussed 12/9 OAC. Split plate and angle.Due to schedule progression, Bid Time VE credit cannot be taken.Approved in 06/10/21 OAC.Sent to T1 for review 10/28/21; discussed 10/29/21. T1 will review with ACE.Sent to T1 7/28/21 for review.Approved 1/6/22 OAC.Sent to T1 for review 04/15/21Approved in 06/10/21 OAC.Revised, submitted to T1 06/24/21 for review.WithdrawnApproved in 06/10/21 OAC.Not to Exceed shared cost between Owner and Contingency.Sent to T1 for review 12/02/21Approved in 06/10/21 OAC.Approved in 06/10/21 OAC.2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005262 CE # Related DocumentPrimeCO #DescriptionPotential Revision for ReviewCurrent CO for Approval Approved AmountPotential Revision to Construction ContingencyCurrent Adjustment to Construction Contingency for ApprovalApproved Adjustment to Construction ContingencyComments109Sheet T-002, Note O16Data Sleeves for Low Voltage Systems Not Specifically Shown on Technology Drawings15,877.84$ Approved 01/25/2022 OAC110Bid Package 12B16 / 17Contract Revised Scope for Stainless Steel Countertops, Shelving and Wall Panels25,438.00$ 1,438.43$ Approved 02/17/2022 OAC111RFI TBD17Delete West Daylighting Tube in Room 230(1,363.50)$ Approved 02/11/2022 OAC112RFI 25017Power Provisions for Ultraviolet Light Emitters for AHUs and ERVs2,133.57$ Approved 04/14/2022 Cost OAC113RFI 231Generator Fuel Supply Design139,410.27$ 114PR 3117Fire Suppression in PD Open Office 110 - Owner FF&E Coordination3,670.94$ Submitted to T1 03/03/22.115PR xxRelocation of Fiber Backbone from MDF to Data Center116Arch Oberservation Report Owner Request to Relocate Fire Alarm Annunciator Panel in Facilities Office M-301117PR 32Address Sign Vinyls and PD Sign118TOTALS POST GMP210,073.89$ 51,431.99$ 1,037,987.02$ 154,336.00$ 22,679.52$ 505,807.50$ 2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005263 Change Estimate Report Project: Bozeman Public Safety Center CE No:16b Project # 19426 Revision # Change Source: Addendum 4 Date:3/3/2022 Description:Building Permit Review Comment Changes Category Quantity Unit Unit Cost Total -$ 05A.0510 No Add'l Charge -$ 06A.0610 No Add'l Charge -$ 07D.0780 No Add'l Charge -$ 26A.1600 1 sum 4,057.16$ 4,057.16$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 4,057.16$ GC/CM Business Insurance 0.625% 25.36$ CM Fee 3.2% 130.65$ Bond 1.0% 42.13$ 4,255.30$ Description ADDENDUM 4 Delegated Design of Dumpster Enclosure Exit Lighting Fixtures (Addendum 4) Head of Wall Fire Stopping FD Sleep Party Walls Atmospheric Wall at Stair 2 TOTAL 264 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #PB ADDENDA Date:7/29/2021 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for PB ADDENDA which involves added exit signs per the post bid addenda. Itemized Breakdown Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 160 87.06 C 139.30 4.00C 6.40 3/4" CONN SS STL - EMT 16 78.02 C 12.48 12.50C 2.00 3/4" COUPLING SS STL - EMT 24 79.80 C 19.15 5.00C 1.20 3/4" 1-H STRAP - EMT - STEEL 20 15.43 C 3.09 6.75C 1.35 #12 THHN SOLID BLACK 500 221.93 M 110.97 6.75M 3.38 4x 2 1/8" SQ BOX COMB KO 8 181.37 C 14.51 28.75C 2.30 4" SQ 1G PLSTR RING 5/8" RISE 8 6.27C 0.50 3.13C 0.25 X1 1 198.00 E 198.00 0.56E 0.56 X3 7 198.00 E 1,386.00 0.56E 3.92 Totals 744 1,883.99 21.36 Summary General Materials 1,883.99 Material Total 1,883.99 JOURNEYMAN (21.36 Hrs @ $61.00) 1,302.96 FOREMAN @ 25%(5.34 Hrs @ $61.00) 325.74 Subtotal 3,512.69 Overhead (@ 10.000 %) 351.27 ORIGINAL 265 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #PB ADDENDA Date:7/29/2021 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Summary (Cont'd) Markup (@ 5.000 %) 193.20 Subtotal 4,057.16 Final Amount $4,057.16 ORIGINAL 266 Change Estimate Report Project: Bozeman Public Safety Center CE No:63 Project # 19426 Revision #1 Change Source: PR 16 Date:3/25/2022 Description:Super Graphics Category Quantity Unit Unit Cost Total -$ 10B.1014 -$ 1 sum 328.00$ 328.00$ 1 sum 252.00$ 252.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 580.00$ GC/CM Business Insurance 0.625% 3.63$ CM Fee 3.2% 18.68$ Bond 1.0% 6.02$ 608.33$ Addition of new vinyl wall graphics for new wayfinding and other signage. See subcontractor breakout pricing for each new location on the following page. Description ADD Supply and Installation of New Wall Graphics Community Room VCS-1 Vinyl Bozeman PD Logo VCS-1 Vinyl TOTAL 267 268 Change Estimate Report Project: Bozeman Public Safety Center CE No:96 Project # 19426 Revision # Change Source: RFI 171 Date:2/10/2022 Description:Entry Vestibule HSS Spacers Category Quantity Unit Unit Cost Total -$ 05B.0520 1 sum 3,926.00$ 3,926.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 3,926.00$ GC/CM Business Insurance 0.625%24.54$ CM Fee 3.2%126.42$ Bond 1.0% 40.77$ 4,117.73$ Provide (4) HSS4x4x1/2 columns spacers to support HSS8x8x5/8 beam along GL 1.6. Modfiy C10 channel on G.L. 1.6, cut short and frame into W10 beam on north wall of vesitbule. Description ADD Install HSS Spacers and Modify C10 Channel TOTAL 269 Project No: PMN0382 NOC No.: Proj. Name: To:LANGLAS CC: ATTN:Russel Pierce/ Sam Holt 1019 E Main St. Suite 101 Bozeman, MT 59715 Subject: Change Requested By:Sent Via:email Description of Change:Pricing Valid for:30 days (Taxes NOT Included) (Taxes NOT Included) -$ (Taxes NOT Included) 3,926$ (Taxes NOT Included) .5 (Taxes NOT Included) A signature below indicates acceptance of all changes shown herein. Any work associated with this change will begin upon receipt of a signed copy of this N.O.C. in our office. Accepted By TrueNorth Steel Date:PMN0382 CO #: Bozeman Public Safety Zone Date: #N/A #N/A Notification of Change 18 RFI 171 Entry Vestibule jchiono SCHEDULE INFORMATION Original Price: J. Chiono ADDED WORKING DAYS Total All Previous Price Changes: DUE TO CHANGE Subtotal (Price+All Previous Changes): PRICE OF THIS CHANGE: 18 Revised Contract Amount: Outstanding Changes Pending Approval: Sowles $3230 Material / Labor $150 POH & Tax 270 Date Issued: To:Submitted by: Attn: Email:Reference: Tel:Fax Subject: Information Requested: Potential Cost Impact Potential Sched. Impact Response Requested By: Response: Signed By:Date Answered: RFI Direction Notice: Proceed with work as noted above. Do not proceed with work. Please provide pricing for work as described above. Distribution RFI #Request For Information 2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005 Bozeman Public Safety Center 171 ThinkOne Architects Jon Wirth jwirth@think1.com (406) 586-7020 05/04/2021 Konnor Backer Langlas & Associates, Inc. 2/S-200, 11/S-407 Entry Vestibule and Brick Ledger Structural Steel Questions Please reference details and photo of the HSS beam with welded ledger and vestibule c channel that do not clearly show connections to structural steel near the entry vestibule in Area A. Please advise on structural design intent for these members. 4 4 5/11/2021 Langlas & Associates- File Russell Pierce - LL Elizabeth Oliver - LL Mark Dehn - LL Jon Wirth - Think1 Elizabeth Seidel - Think1 Will Sanzone - LL Nate J. Menuez 5-8-2021 Comments attached. ARCH comments attached. Contractor verify north extents of HSS/steel angle. Intentfor brick veneer to extend north of grid A.3. Option suggested. Contractor option foralternatives to achieve design intent with arch. finishes. / Jon Wirth 5-10-2021 271 6 S-30616C TYP. @ EXTERIOR, U.N.O. 8S-1 A.3 A.1 S-700PD ENTRY A.1PD ENTRY 1.4 PD ENTRY 1.5 A.2 W24X62 [C 4' - 10" 6' - 8" 14' - 8" HSS9X9X1/ HSS9X9X1/2HSS9X9X1/2OPEN TO BELO HSS HS 2 S-407 3" CO (5" T 11 S-407 W10X22W10X22W10X22 T.O.S.= 111' - 6" TYP. C10x15.3 @ C6X8.2 1' - 9 3/8"S-401 7 BM. OVER COL. S-401 11BM. TO BM. S-502 6CHANNEL TO BM. S-407 12 W BM. TO HSS ABOVE, TYP. OF 2 W10 TO COL., PER DETAIL 11/S-501 HSS10x T.O.S.= 114' - 3" TYP. S-404 9TYP. 1.6 1.5 STEEL BEAM, SEE PLAN CONCRETE ON METAL DECK, SEE PLAN STEEL STUD WALL ASSEMBLY, SEE ARCH. STEEL BEAM, SEE PLAN BENT CLOSURE PLATE, PER DETAIL 6/S-403 T.O.C.= 114' - 8" T.O.S.= 111' - 4" HSS8x8x5/8 L8x6x1/2 CONT. LEDGER (SLV) 1/4" LEDGER TO HSS BRICK VENEER, SEE ARCH. VESTIBLE CEILING FRAMING, SEE PLAN S-4073/4" = 1'-0" 11FLOOR FRAMING SECTION 2/S-200 Is this C channel attached to brick veneer? Please advise. Tube steel is currently sitting on 8" stud framing and not attached to any steel structure. Please advise on attachment. PROVIDE (4) HSS4x4x1/2 COLUMN SPACERS, EVENLY SPACED ALONG HSS WELD HSS SPACER TO HSS BEAM AND W16 BEAM WITH 3/8" FILLET ALL AROUND CONNECT CHANNEL TO W10 VESTIBULE BEAM PER DETAIL 6/S-502 intent for C10x15.3 to terminate at W10x22 - see 5/A-714 channel connection to W10 - W10 hung from HSS above per 12/S-407. (1 of TYP. of 2 locations noted) NEW SCOPE FIELD MODIFICATION TO CUT DOWN C10 AND ATTACH W10 BEAM 272 Tube steel and welded angle sitting on framing C channel shown to be mounted to brick veneer? CONNECT CHANNEL TO W10 VESTIBULE BEAM PER DETAIL 6/S-502 see note on page 2 Contractor verify north extents of HSS and steel angle per 5&11/A-714. Intent for brick veneer to extend north of grid A.3 Contractor verify north extents per note. Option to shift steel assembly north and provide steel angle extension at south extents w/ hung HSS - Contractor verify 273 AISC ADVANCED CERTIFIED ERECTOR 302 South 24th Street Phone 406-248-4361 Billings, MT 59101 Address:TrueNorth Steel June 16, 2021 1501 S. 30th Street W. Billings, MT 59102 Attention:Jenna Chiono Reference:Bozeman Public Service Center Our Project No.20115 Transmittal No.32 Subject:Steel Erection At your direction, per signed Field Work Order # or as per the directed changes, the cost associated are as follows: Description:Per RFI 171 - Install HSS column spacers between beams and headers. Make field alterations to 03B94 & 03B139 Labor:Ironworker Hours:25 @ $99.00 $2,475.00 Overtime Premium:0 @ $22.88 $0.00 Double Time Premium:0 @ $45.76 $0.00 $2,475.00 Subcontractors / Engineers Hours:0 @ $100.00 $0.00 Equipment:Crane Hours:40 ton 0 @ $180.00 $0.00 Crane Hours:90 ton 0 @ $255.00 $0.00 Forklift Hours:0 @ $50.00 $0.00 40ft Manlift Hours:0 @ $34.00 $0.00 60ft Manlift Hours:10 @ $45.00 $450.00 80ft Manlift Hours:0 @ $80.00 $0.00 Scissor Lift Hours:0 @ $26.00 $0.00 Fueled Welder Hours:10 @ $23.50 $235.00 Electric Welder Hours:0 @ $17.50 $0.00 Torch Set Hours:0 @ $11.70 $0.00 Drill Hours:5 @ $14.00 $70.00 Deck Saw Hours:0 @ $15.00 $0.00 Generator Hours:0 @ $60.00 $0.00 Compressor Hours:0 @ $21.00 $0.00 Equipment Total:$755.00 Material:0 @ $0.00 $0.00 Please issue a change order to our contract in the amount of $3,230.00 for this additional work. Thank you, Mike Williams Project Manager 03C4HSS4x4x5/16 03C30HSS9x9x1/2 03B95 (EL: 111-4)HSS8x8x5/8 03B139W10x2203B123W10x2203B127 (EL: 111-63/16)W10x22 03B94 C10x15.3 03B92 (EL: 111-415/16)C6x8.2 03B92 (EL: 111-415/16)C6x8.2 03B92 (EL: 111-415/16)C6x8.2 03B92 (EL: 111-415/16)C6x8.2 03B92 (EL: 111-415/16)C6x8.2 03B92 (EL: 111-415/16)C6x8.2 4-10 6-8A.1 A.2 A.3 1.6 2.2 T.O.STEEL ELEV: 111-63/16 (U.N.O)4-82-33/46 EQ,SPA @ 1-93/8 = 10-81/45 6 1-08-81/21-412-0E15 REF:2/S-200 ENLARGE PLAN VIEW2 4E31 E311 E322 274 1 Jenna Chiono From:Ben Hertel <ben@montana-steel.com> Sent:Monday, June 21, 2021 10:59 AM To:Jenna Chiono Subject:Re: Invoice #9435 - Bozeman Safety Center ❗ CAUTION: This email originated outside of the organization. Do not open any links or attachments unless you know the content is safe. As discussed last week, the RFI 171 materials will be $150 delivered. Ben Get Outlook for iOS From: Jenna Chiono <Jenna.Chiono@TrueNorthSteel.com> Sent: Monday, June 21, 2021 10:45:48 AM To: Ben Hertel <ben@montana-steel.com> Subject: RE: Invoice #9435 - Bozeman Safety Center An email might suffice too actually since it’s not that much Thanks, Jenna Chiono Project Manager 406-869-2618 Direct 406-702-0350 Cell www.truenorthsteel.com 1501 South 30th Street West Billings, MT 59102 From: Ben Hertel <ben@montana-steel.com> Sent: Monday, June 21, 2021 9:45 AM To: Jenna Chiono <Jenna.Chiono@TrueNorthSteel.com> Subject: Re: Invoice #9435 - Bozeman Safety Center ❗ CAUTION: This email originated outside of the organization. Do not open any links or attachments unless you know the content is safe. Yeah let me have Emily do an invoice for the $150 we discussed last week. I’ll try to have her get that to you today. Ben 275 2 Get Outlook for iOS From: Jenna Chiono <Jenna.Chiono@TrueNorthSteel.com> Sent: Monday, June 21, 2021 10:43:25 AM To: Ben Hertel <ben@montana-steel.com> Subject: RE: Invoice #9435 - Bozeman Safety Center Hey ben, are you able to send pricing over for just the HSS and angle for RFI 171? Submitting in a CO!Thanks! Thanks, Jenna Chiono Project Manager 406-869-2618 Direct 406-702-0350 Cell www.truenorthsteel.com 1501 South 30th Street West Billings, MT 59102 From: Ben Hertel <ben@montana-steel.com> Sent: Thursday, June 17, 2021 5:06 PM To: Jenna Chiono <Jenna.Chiono@TrueNorthSteel.com> Subject: Fwd: Invoice #9435 - Bozeman Safety Center ❗ CAUTION: This email originated outside of the organization. Do not open any links or attachments unless you know the content is safe. Here is what my AP got for all of the other stuff. It’s already submitted to you so this is for reference. Ben Get Outlook for iOS From: Emily Calvert <Emily@montana-steel.com> Sent: Thursday, June 17, 2021 5:52 PM To: Ben Hertel Subject: FW: Invoice #9435 - Bozeman Safety Center Hi Ben, Here is a copy of that invoice you requested….. Thank you, Emily Calvert Project Manager / Estimator 276 3 Montana Steel Industries 9000 Dry Creek Road Belgrade, MT 59714 Office 406-388-5000 Fax 406-388-6494 www.montana-steel.com AISC Certified Fabricator: STD building, SBR bridge, and B-CMP bridge component From: Emily Calvert Sent: Thursday, June 17, 2021 4:20 PM To: ap@truenorthsteel.com Subject: Invoice #9435 - Bozeman Safety Center Good afternoon, Please see the attached Invoice #9435 for the Bozeman Safety Center, and have a great rest of your week! Thank you, Emily Calvert Project Manager / Estimator Montana Steel Industries 9000 Dry Creek Road Belgrade, MT 59714 Office 406-388-5000 Fax 406-388-6494 www.montana-steel.com AISC Certified Fabricator: STD building, SBR bridge, and B-CMP bridge component 277 Change Estimate Report Project: Bozeman Public Safety Center CE No:104 Project # 19426 Revision # Change Source: PR 30 Date:12/20/2021 Description:Chair Rail Wall Protection Category Quantity Unit Unit Cost Total -$ 10A.1010 1072 lf 8.31$ 8,902.97$ -$ -$ -$ -$ -$ -$ -$ -$ 10A.1010 40 lf 8.31$ 332.21$ 10A.1010 40 lf 8.31$ 332.21$ 10A.1010 40 lf 8.31$ 332.21$ 10A.1010 40 lf 8.31$ 332.21$ 10A.1010 48 lf 8.31$ 398.65$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 10,630.46$ GC/CM Business Insurance 0.625%66.45$ CM Fee 3.2%342.31$ Bond 1.0% 110.40$ 11,149.62$ Provide Rub Rail (RR) at select interior rooms. Rub Rail to be 4” Inpro Palladium Rigid Vinyl Rubrail, R4 0.040” thickness, or equal. Description ADD 4" Rubrail Supply and Install ADD OTPIONS Interview 100C Interview 100D Interview 200A Kid’s Play 200B Interview 200C TOTAL 278 SUBCONTRACTOR:LANGLAS - FRAMING CONTACT:ELIZABETH OLIVER ADDRESS:1019 E. MAIN ST SUITE 101 PROJECT ADDRESS:901 N ROUSE AVENUE PHONE:BOZEMAN, MT 59715 BOZEMAN, MT 59715 FAX:406-585-4110 THIS IS IN RESPONSE TO:PR 30 CCD #: CONTRACTOR:LANGLAS & ASSOCIATES RFI #: PROJECT MANAGER REQUESTED FROM:THINKONE ARCHITECTS ADDRESS:1019 E. MAIN ST SUITE 101 ON DATE:12/3/2021 BOZEMAN, MT 59715 SUBCONTRACTOR COR #:11 PHONE:406-585-3420 FAX:406-585-4110 DESCRIPTION:Provide Rub Rail (RR) at select interior rooms. Rub Rail to be 4” Inpro Palladium Rigid Vinyl Rubrail, R4 0.040” thickness. DRAWINGS:A-121a, A-121b, A-121d, A-122a, A-501 Trade Description QTY Unit Unit Price Taxes Total Cost SUBCONTRACTORS:sum $0.00 $0.00 $0.00 Description Hours Rate Labor Amt. Burden Total Cost LABOR: Carpenter 30 67.00 2,010.00 included $2,010.00 Laborer 30 52.04 1,561.20 included $1,561.20 80.00 - included $0.00 Description QTY Unit Unit Price Taxes Total Cost MATERIAL: Inpro 4" Rubrail, Caulk, Adhesive 1 sum 3,937.00 $3,937.00 Misc Small Tools / Fasteners 1 sum 200.00 $200.00 sum $0.00 $0.00 $0.00 Description QTY Unit Unit Price Taxes Total Cost EQUIPMENT:$0.00 $0.00 $0.00 $0.00 CREDITS: SUBTOTAL:$7,708.20 OVERHEAD: 10% $770.82 PROFIT : 5% $423.95 GRAND TOTAL: $8,902.97 NOTES: Standard material lengths: 8' Authorized Signature Date SUBCONTRACTOR CHANGE ORDER REQUEST BOZEMAN PUBLIC SAFETY CENTER PROJECT NAME: 279 Change Estimate Report Project: Bozeman Public Safety Center CE No:107 Project # 19426 Revision # Change Source: RFI 252 Date:3/3/2022 Description:Johnson Controls Power Supplies Category Quantity Unit Unit Cost Total -$ 26A.1600 1 sum 5,863.12$ 5,863.12$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 5,863.12$ GC/CM Business Insurance 0.625%36.65$ CM Fee 3.2%188.80$ Bond 1.0% 60.89$ 6,149.46$ TOTAL Description ADD Power for Mechanical Controls Power Supplies Provide 120V connection to Johnson Control cabinets as shown in revised sheets issued with RFI response. 280 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #RFI252 Date:3/3/2022 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for RFI252 which involves providing power for Johnson Controls power supplies. Itemized Breakdown System Material($)Labor Hrs || E-101A 42.71 2.45 || E-101B 42.71 2.45 || E-101D 107.93 5.95 || E-102A 233.00 10.29 || E-102B 162.14 7.03 || E-103A 43.02 3.23 || E-103B 394.16 21.08 Total 1,025.67 52.48 E-101A Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 20 116.10 C 23.22 4.00C 0.80 3/4" CONN SS STL - EMT 2 78.02 C 1.56 12.50C 0.25 3/4" COUPLING SS STL - EMT 3 79.80 C 2.39 5.00C 0.15 #12 THHN SOLID BLACK 70 221.93 M 15.54 6.75M 0.47 WIRE CONN RED (#16 TO #10)3 0.00C 0.00 5.75C 0.17 #12/3C EQUIPMENT TERM 1 0.00E 0.00 0.61E 0.61 Totals 99 42.71 2.45 ORIGINAL 281 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #RFI252 Date:3/3/2022 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 E-101B Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 20 116.10 C 23.22 4.00C 0.80 3/4" CONN SS STL - EMT 2 78.02 C 1.56 12.50C 0.25 3/4" COUPLING SS STL - EMT 3 79.80 C 2.39 5.00C 0.15 #12 THHN SOLID BLACK 70 221.93 M 15.54 6.75M 0.47 WIRE CONN RED (#16 TO #10)3 0.00C 0.00 5.75C 0.17 #12/3C EQUIPMENT TERM 1 0.00E 0.00 0.61E 0.61 Totals 99 42.71 2.45 E-101D Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 50 116.10 C 58.05 4.00C 2.00 3/4" CONN SS STL - EMT 6 78.02 C 4.68 12.50C 0.75 3/4" COUPLING SS STL - EMT 6 79.80 C 4.79 5.00C 0.30 #12 THHN SOLID BLACK 170 221.93 M 37.73 6.75M 1.15 WIRE CONN RED (#16 TO #10)3 0.00C 0.00 5.75C 0.17 4x 2 1/8" SQ BOX COMB KO 1 181.37 C 1.81 28.75C 0.29 4" SQ BLANK COVER 1 36.77 C 0.37 3.13C 0.03 GROUND SCREW W/ INSUL #12 LEAD 1 0.50E 0.50 3.75C 0.04 #12/3C EQUIPMENT TERM 2 0.00E 0.00 0.61E 1.22 Totals 240 107.93 5.95 E-102A Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 110 116.10 C 127.71 4.00C 4.40 3/4" CONN SS STL - EMT 6 78.02 C 4.68 12.50C 0.75 3/4" COUPLING SS STL - EMT 22 79.80 C 17.56 5.00C 1.10 #12 THHN SOLID BLACK 350 221.93 M 77.68 6.75M 2.36 WIRE CONN RED (#16 TO #10)6 0.00C 0.00 5.75C 0.34 4x 2 1/8" SQ BOX COMB KO 2 181.37 C 3.63 28.75C 0.57 4" SQ BLANK COVER 2 36.77 C 0.74 3.13C 0.06 GROUND SCREW W/ INSUL #12 LEAD 2 0.50E 1.00 3.75C 0.07 #12/3C EQUIPMENT TERM 1 0.00E 0.00 0.61E 0.61 Totals 501 232.99 10.28 E-102B Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 80 116.10 C 92.88 4.00C 3.20 3/4" CONN SS STL - EMT 4 78.02 C 3.12 12.50C 0.50 3/4" COUPLING SS STL - EMT 10 79.80 C 7.98 5.00C 0.50 #12 THHN SOLID BLACK 250 221.93 M 55.48 6.75M 1.69 WIRE CONN RED (#16 TO #10)3 0.00C 0.00 5.75C 0.17 ORIGINAL 282 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #RFI252 Date:3/3/2022 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:3 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Description Qty Net Price U Total Mat.LaborU Total Hrs. 4x 2 1/8" SQ BOX COMB KO 1 181.37 C 1.81 28.75C 0.29 4" SQ BLANK COVER 1 36.77 C 0.37 3.13C 0.03 GROUND SCREW W/ INSUL #12 LEAD 1 0.50E 0.50 3.75C 0.04 #12/3C EQUIPMENT TERM 1 0.00E 0.00 0.61E 0.61 Totals 351 162.14 7.03 E-103A Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 20 116.10 C 23.22 4.00C 0.80 3/4" CONN SS STL - EMT 2 78.02 C 1.56 12.50C 0.25 3/4" COUPLING SS STL - EMT 2 79.80 C 1.60 5.00C 0.10 #12 THHN SOLID BLACK 75 221.93 M 16.64 6.75M 0.51 WIRE CONN RED (#16 TO #10)6 0.00C 0.00 5.75C 0.34 #12/3C EQUIPMENT TERM 2 0.00E 0.00 0.61E 1.22 Totals 107 43.02 3.22 E-103B Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 170 116.10 C 197.37 4.00C 6.80 3/4" CONN SS STL - EMT 12 78.02 C 9.36 12.50C 1.50 3/4" COUPLING SS STL - EMT 22 79.80 C 17.56 5.00C 1.10 3/4" CONN COMP STL - EMT 4 24.96 C 1.00 16.25C 0.65 3/4" COUPLING COMP STL - EMT 12 33.18 C 3.98 11.25C 1.35 3/4" TYPE LB STD CONDUIT BODY W/ CVR & GSKT - RM 1 26.56 E 26.56 0.63E 0.63 #12 THHN SOLID BLACK 575 221.93 M 127.61 6.75M 3.88 WIRE CONN RED (#16 TO #10)12 0.00C 0.00 5.75C 0.69 4x 2 1/8" SQ BOX COMB KO 4 181.37 C 7.25 28.75C 1.15 4" SQ BLANK COVER 4 36.77 C 1.47 3.13C 0.13 GROUND SCREW W/ INSUL #12 LEAD 4 0.50E 2.00 3.75C 0.15 #12/3C EQUIPMENT TERM 5 0.00E 0.00 0.61E 3.05 Totals 825 394.16 21.08 Summary General Materials 1,025.66 Material Total 1,025.66 JOURNEYMAN (52.46 Hrs @ $61.00) 3,200.06 FOREMAN @ 25%(13.12 Hrs @ $61.00) 800.32 Subtotal 5,026.04 Overhead (@ 10.000 %) 502.60 Markup (@ 5.000 %) 276.43 Subtotal 5,805.07 ORIGINAL 283 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #RFI252 Date:3/3/2022 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:4 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Summary (Cont'd) 1% GRT (@ 1.000 %) 58.05 Final Amount $5,863.12 ORIGINAL 284 Date Issued: To:Submitted by: Attn: Email:Reference: Tel:Fax Subject: Information Requested: Potential Cost Impact Potential Sched. Impact Response Requested By: Response: Signed By:Date Answered: RFI Direction Notice: Proceed with work as noted above. Do not proceed with work. Please provide pricing for work as described above. Distribution RFI #Request For Information 2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005 Bozeman Public Safety Center 252 ThinkOne Architects Jon Wirth jwirth@think1.com (406) 586-7020 02/14/2022 Sam Holt Langlas & Associates, Inc. Johnson Controls Power Schedule Johnson Controls Power Supplies This RFI is to track the phone call had on 2/7/22 between Johnson Controls and ACE. The power supplies required for BPSC are called out on the attached power schedule and listed below. These should be on dedicated circuits (120v) that are backed by the generator. 1st Floor A – IT Room 147 (VAV's) 1st Floor B – IT Room 129 (VAV's) 1st Floor D – Water Elec 169 (VAV's) 1st Floor D – Storage 183 (VAV's) 2nd Floor A – Storage 250 (VAV's) 2nd Floor B – IT 272 (VAV's) 3rd Floor A – Mech Room 301 and AHU-2 - to be shared, south side of AHU-2 App Bay Devices – Toxalert, Air Scrubbers, Infared heaters ERV on 3rd Floor Mech Room and SNE - to be to the right (east) of exterior mech room door M-305.1 AHU-3 on Unit, NE side of unit 2ea on 24”x36” panel for Boiler and Chilled Water Please provide circuitry for the power supplies listed above. 4 4 2/14/22 Langlas & Associates- File Russell Pierce - LL Elizabeth Oliver - LL Mark Dehn - LL Jon Wirth - Think1 Konnor Backer - LL Austin Jacobsen - LL Provide 120V connection to Johnson Control cabinets as shown in attached revised sheets. Johnson Controls shall filed coordinate cabinet locations with all other trades and furniture prior to installation. EC shall coordinate panel locations with Johnson Controls prior to rough-in. Jake Garwood, A.C.E.2/14/2022 Coordinate locations of JCI power supply cabinets in rooms/locations to provide clear access to othersystems, furniture, etc. / Jon Wirth, ThinkOne 285 AC AC AC ACACACACACAC72" 72" AC AC AC ACACAC ACAC44"72"WPWR AC AC WPWRWPWR WPWR WPWR108"108"108"72" 72"72"72"72" 72"72"ACACFF F F F FFF FF FFF F FFF F F FF F FF FFFFFF F FFFFFF F FFF F FF FFF F COCOSBFFHD SD SD SD SD SD HD SD 44" CUH-1 CUH-1 CUH-1 CUH-1 FC-1 CUH-1 CUH-1 CUH-1 EBB-V100 WPWRHD SD LOC FAA F F F TSTSTSFSFSFSNAC NAC ESP-2 ESP-1 R R DSD DSDFAC CUH-S102 J JJ J JJACAC72" J J J JJ J J J 54" 54"WPWR126"126"126"B.1 B.1 A.15 A.15 A.14 A.14A.13 A.13A.12 A.12 A.11 A.11 A.10 A.10A.4 A.4A.3 A.3 A.9 A.9A.1 A.1 1.3 1.4 1.6 1.12 1.15 1.16 1.16 A.8 A.8 A.7 A.7 A.6 A.6 A.5 A.5 1.9 1.17 1.13 1.11 1.8 1.10 1.14 1.7 1.5 ELEV. 2 EL-106 OUTSIDE AGENCY 111 ICAC/ HUMAN TRAFF. 113 SPECIAL PROJECTS 119 OFFICE 121 KITCHENETTE 105A VESTIBULE V-100 RR RR-110I OFFICE 117 CONFERENCE ROOM 112 CHIEF'S OFFICE 114 DEPUTY CHIEF'S OFFICE 116 CONFERENCE ROOM 118 MEN'S RR RR-120M COMMONS 120 INTERVIEW 100E DELIVERIES 100B INTERVIEW 100C INTERVIEW 100D STORAGE ST-105 CUST. 108 RECORDS 100A IT 107 BUNK 125 ARMORY 124 ELECT. 123 WORK/COPY 115 STORAGE ST-113 CORRIDOR C-125 OFFICE 100H RR RR-110 RECORDS 100A FAMILY CARE 100F OFFICE 110A OFFICE 110B OFFICE 110C OFFICE 110D CORRIDOR C-110 OFFICE 110E OFFICE 110F OFFICE 110G OFFICE - REPORTS 110H JUV LOUNGE 110I CORRIDOR C-120-S VESTIBULE V-110 WOMEN'S RR RR-120W MEN'S RR RR-100M WOMEN'S RR RR-100W STAIR 1 S-102 VESTIBULE V-105 COMMUNITY ROOM 105 STAIR 2 S-106 BRIEFING 122 CORRIDOR C-115 OPEN OFFICE 110 1 1 2 3 4 1 1 5 5 55 1 1 1 1 1 6 6 67 8 8 9 1 10 10 1 11 11 11 11 11 11 11 5 10 E-400 1 12 12 12 12 13 13 13 13 13 13 14 14 15 16 17 17 17 1ALOS1-1 1ALOS1-2 1ALOS1-3 1ALOS1-4 1ALOS1-5 1ALOS1-6 1ALOS1-7 1ALOS1-8 1ALOS1-9 1ALOS1-10 1ALOS1-11 1ALOS1-12 1ALOS1-13 1ALOS1-14 1ALOS1-15 1ALOS1-16 1ALOS1-17 1ALOS1-181ALOS1-19 1ALOS1-20 1ALOS1-21 1ALOS1-22 1ALOS1-23 1ALOS1-24 1ALOS1-25 1ALOS1-26 1ALOS1-27 1ALOS1-28 1ALOS1-30 1ALOS1-29 1ALOS1-31 1ALOS1-32 1ALOS1-33 1ALOS1-341ALOS1-35 1ALOS1-36 1ALOS1-37 1ALOS1-38 1ALOS1-39 1ALOS1-40 1ALOS1-41,43 1ALOS1-42 1ALOS1-45 1ALOS1-46 1ALOS1-48 1ALOS2-1 1ALOS2-2 1ALOS2-3 1ALOS2-4 1ALOS2-5 1ALOS2-6 1ALOS2-7 1ALOS2-8 1ALOS2-9 1ALOS2-10 1ALOS2-11 1ALOS2-12 1ALOS2-13 1ALOS2-14 1ALOS2-16 1ALOS2-17 1ALOS2-18 1ALOS2-19 1ALOS2-20 1ALOS2-21 1ALOS2-22 1ALOS2-23 1ALOS2-25 1ALOS2-24 1ALOS2-26 1ALOS2-27 1ALOS2-28 1ALOS2-29 1ALOS2-30 1ALOS2-31 1ALOS2-33 1ALOS2-35 1ALOS2-34 1ALOS2-32 1ALOS2-36 1ALOS2-37 1ALOS2-38 1ALOS2-39 1ALOS2-40 1ALOS2-41 1ALOS2-42 1ALOS2-43 1ALOS2-44 1ALOS2-48 1BLOS3-7 E-400 2 1ALOS3-1 1ALOS3-14,16 1ALOS3-15 18 19 19 20 20 20 1ALOS2-15 20 20 20 1ALOS3-18 1ALOS3-19 21 21 1ALOS1-47 1ALOS3-17 T1 1ALOS3-21 1ALOS3-22 1ALOS3-23 22 22 22 22 22 22 22 22 22 22 13 13 1ALOS3-24 1ALOS3-25 1ALOS3-26 1ALOS3-27 1ALOS3-28 1ALOS3-29 1ALOS3-30 1ALOS3-31 1ALOS3-32 1ALOS3-33 1ALOS3-34 1ALOS3-35 1ALOS3-36 1ALOS3-37 1ALOS3-38 1ALOS3-39 1ALOS3-41 1BLOS3-461BLOS3-49 23 1ALOS3-40 1ALOS3-2 24 1 1ALOS3-42 1ALOS3-43 1ALOS3-44 1ALOS3-45 1ALOS3-46 1ALOS3-47 1ALOS3-48 25 25 25 25 25 25 25 25 1ALOS1-44 1ALOS2-492626 26 1ALOS2-50 22 ACE Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project Number Acoustical Engineer TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 N. ROUSE AVE. & E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR BID JUNE 04, 2020 19BZ4921 ADDENDUM 01 JULY 01, 2020 ADDENDUM 03 JULY 07, 2020 ADDENDUM 04 JULY 22, 2020 ISSUE FOR CONSTRUCTION AUGUST 14, 2020 22 PR 14 FEBRUARY 10, 2021 ASI 38 FEBRUARY 12, 2021 PR 17 MARCH 10, 2021 PR 8A APRIL 23, 2021 PR 22 MAY 12, 2021 ASI 57 AUGUST 30, 2021 PR 27 OCTOBER 05, 2021 RFI 231 DECEMBER 10, 2021 RFI 250 JANUARY 21, 2022 RFI 252 FEBRUARY 14, 20222/14/2022 2:50:06 PME-101A ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 01 - AREA A JG JK JK BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN N 1/8" = 1'-0"E-101A 1 ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 01 - AREA A ELECTRICAL KEYNOTES 20 EC TO PROVIDE ROUGH-IN FOR ADA DOOR OPERATOR PUSH BUTTON. LOCATE BACK BOX AT 44" COD AND ROUTE A 3/4"C WITH PULL LINE INTO ACCESSIBLE CEILING SPACE IN BUILDING INTERIOR FOR INSTALLATION OF CABLING BY OTHERS. COORDINATE LOCATION OF PUSH BUTTONS WITH ARCHITECTURAL DRAWINGS. 21 EC TO PROVIDE CONNECTION TO AUTOMATIC SLIDING DOOR. VERIFY EXACT CONNECTION POINT AND LEAF WITH HARDWARE CONTRACTOR PRIOR TO ROUGH-IN. 22 EC TO PROVIDE CIRCUIT TO FLOOR BOX FOR PRE-WIRED MODULAR FURNITURE CONNECTION. SEE COMMUNICATIONS PLANS FOR FLOOR BOX DETAILS. EC TO PROVIDE CONNECTION TO WHIP PROVIDED BY FURNITURE SUPPLIER. 23 EC TO COORDINATE MOUNTING HEIGHT OF LOWER RECEPTACLES WITH SHELVING. MOUNT RECEPTACLES AT APPROXIAMTLY 20" AFF CENTERED BETWEEN SHELVES. 24 PROVIDE (2) DUPLEX RECEPTACLES IN FLOOR BOX. PROVIDE DEDICATED CIRCUIT TO EACH RECEPTACLE. SEE COMMUNICATIONS PLANS FOR FLOOR BOX DETAILS. 25 EC TO PROVIDE CIRCUIT AND J-BOX ABOVE CEILING FOR CONNECTION TO PRE-WIRED MOVABLE WALL. EC TO PROVIDE CONENCTION TO WHIP PROVIDED BY FURNITURE SUPPLIER. COORDINATE EXACT LOCATIONS WITH FURNITURE SUPPLIER AND WIRE PER MANUFACTURERS RECOMMENDATIONS. 26 PROVIDE RECEPTACLE MOUNTED TO 14x14 ENCLOSURE ABOVE ACCESSIBLE CEILING SPACE AT APPROXIMATE HEIGHT SHOWN. SEE COMMUNICATIONS DRAWINGS FOR ADDITIONAL INFORMATION ON ENCLOSURE. ELECTRICAL KEYNOTES 12 EC TO PROVIDE WIREMOLD MULTI SERVICE FLOOR BOX EFB6S-OG. PROVIDE BOX W/ (3) DUPLEX RECEPTACLES. PROVIDE 3/4" C FROM POWER COMPARTMENT AND 1-1/4" C FROM DATA COMPARTMENT FOR FUTURE USE. STUB DATA CONDUIT INTO ACCESSIBLE CEILING SPACE VIA NEAREST FULL HEIGHT WALL AND PROVIDE WITH PULL LINE NAD BUSHED 90 DEG ELL AT CONDUIT END IN ACCESSIBLE CEILING SPACE. 13 PROVIDE (2) DUPLEX RECEPTACLES IN FLOOR BOX. SEE COMMUNICATIONS PLANS FOR FLOOR BOX DETAILS. 14 ELEVATOR SUMP PUMP CONTROLLER PROVIDED BY OTHERS, WIRING BY EC. EC RESPONSIBLE FOR WIRING FROM CONTROLLER TO ALARM SWITCH AND PUMP LOCATED IN ELEVATOR PIT. PROVIDE CIRCUIT CONSISTING OF #10'S IN 3/4" C. 15 PROVIDE POWER FOR WATER CLOSET. EC TO PROVIDE CONNECTION TO 24V TRANSFORMER SUPPLIED BY PC. 16 DEVICE FOR DISHWASHER. PROVIDE GFCI RECEPTACLE UNDER SINK TO SERVE DISHWASHER. 17 ROUTE POWER FOR DRINKING FOUNTAIN/BOTTLE FILL TO FACTORY INSTALLED J-BOX PROVIDED WITH DRINKING FOUNTAIN. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 18 PROVIDE POWER AND CONTROL CONNECTIONS FOR MOTORIZED SHADES. COORDINATE NUMBER AND LOCATION OF POWER CONNECTIONS WITH SHADE EQUIPMENT PROVIDER. 19 PROVIDE FA/ELEVATOR INTERFACES TO PERFORM PRIMARY RECALL, ALTERNATE RECALL, SHUNT-TRIP, HAT FLASH AND SUPERVISION OF SHUNT-TRIP POWER SOURCE. ELECTRICAL KEYNOTES 1 PROVIDE RECEPTACLE IN RECESSED FLAT PANEL TELEVISION ENCLOSURE. SEE COMMUNICATIONS PLANS FOR ENCLOSURE DETAILS. 2 CEILING MOUNTED RECEPTACLE FOR PROJECTOR. COORDINATE EXACT LOCATION WITH EQUIPMENT SUPPLIER PRIOR TO ROUGH-IN. 3 PROVIDE CONNECTION TO MOTORIZED PROJECTION SCREEN. SEE COMMUNICATIONS PLANS FOR ADDITIONAL INFORMATION. 4 MOUNT RECEPTACLES ON UNISTRUT ABOVE IT RACKS TOWARDS THE REAR OF RACKS. SEE COMMUNICATIONS PLANS FOR ADDITIONAL INFORMATION. 5 PROVIDE CEILING MOUNTED RECEPTACLE FOR DISPLAY. COORDINATE EXACT LOCATION WITH EQUIPMENT SUPPLIER PRIOR TO ROUGH-IN. SEE COMMUNICATIONS PLANS FOR ADDITIONAL INFORMATION. 6 PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 7 DEVICE FOR UNDER COUNTER ICE MACHINE. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 8 PROVIDE RECEPTACLE IN UPPER CABINET FOR MICROWAVE. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 9 DEVICE FOR DISHWASHER. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 10 DEVICE IN ELEVATOR PIT. ADJUST LOCATION FOR BEST FIT IN SPACE. COORDINATE W/ ELEVATOR PROVIDER PRIOR TO ROUGH-IN. PROVIDE CIRCUIT PASS THROUGH FROM LINE SIDE OF DEVICE TO LIGHT FIXTURE IN PIT AND RECEPTACLE AT TOP OF SHAFT. 11 ROUTE CIRCUIT FOR CABINET UNIT HEATER THROUGH LINE VOLTAGE THERMOSTAT PROVIDED BY TC. SEE MECHANICAL PLANS FOR THERMOSTAT LOCATIONS. AREA A AREA B AREA C AREA D ELECTRICAL POWER GENERAL NOTES A ELECTRICAL CONTRACTOR SHALL PROVIDE TAMPER RESISTIVE RECEPTACLES FOR ALL 120V WIRING DEVICES INSTALLED IN THE PROJECT INTERIOR REGARDLESS OF LOCATION. B ALL MECHANICAL EQUIPMENT THAT DOES NOT HAVE A DISCONNECT SHOWN AT DEVICE ON PLAN IS PROVIDED WITH A FACTORY DISCONNECT. EC TO CONNECT DISCONNECT AND VFD WHEN PRESENT. ALL VFD'S ARE PROVIDED BY TC, INSTALLED COMPLETE BY EC TO CIRCUIT AS SHOWN ON PLAN. C ALL WIRING DEVICES LOCATED IN APPARATUS BAY, SALLEY PORT, VEHICLE EXAM, FITNESS, STORAGE AREA AND SECURE CIRCULATION AREAS SHALL BE CONSIDERED ROUGH SERVICE AREAS AND SHALL REQUIRE STAINLESS STEEL DEVICE COVER PLATES. D COORDINATE LOCATION OF ALL DEVICES WITH ARCHITECTURAL PLANS, CASEWORK, SHOP DRAWINGS AND EQUIPMENT MANUFACTURER'S DETAILS BEFORE ROUGHING IN. E ELECTRICAL CONTRACTOR SHALL PROVIDE ARC FAULT BREAKERS ON ALL 120V BRANCH CIRCUITS SERVING DEVICES IN SLEEPING UNITS. F FIRE ALARM PANELS SHALL BE SEISMIC RATED. G FIRE ALARM CIRCUITS SHALL BE INSTALLED TO CLASS 1 SURVIVABILITY (SPRINKLED & IN CONDUIT) 286 FDDN DN FD FD FD FD FD FDFDFD WPWRAC AC AC AC AC AC AC ACACAC96" 96" AC ACACAC AC ACAC AC AC AC ACACACAC M OH DOOR M OH DOOR M OH DOOR M OH DOOR M FOLDING DOORS WPWRWPWR WPWRWPWR WPWR WPWRJ J AC AC AC 72"ACAC F FF FFF F F WP F F F WP F F F FF F F WP F FFF F FF F FF FFFFF F F F F CO COSB SD SD SD HD F FFFFFFFFFF F F F F FFWPSD SD SD SD SD F WP F WP ACACACACACACCUH-1UH-3 CUH-1 FC-3 FC-2 UH-1 UH-1 CH-1 ASC-1 80"UH-2 30AEF-8 EF-9 EF-10 F F WPWR FACPTS TS TS TS TS TS TS TSFS FS FS FSNACESP-4 R FWPF FWPFM OH DOOR J JJ J J J J J J J J J JJ 80"CUH-1 44"72"MMMMM M CUH-S126R SD SD SD SD WPWR WPWR WPWR J JJ JJJ M M J 26"26"72"130" 130"130"130"44"C.1 C.1 B.3 B.3 B.2 B.2 B.1 B.1 2.14 2.14 2.12 2.12 2.10 2.10 A.15 A.15 1.2 1.2 DIGITAL FORENSICS 142E STORAGE 142D DRY 142B DRY 142C CLEANING 154C DECON 154B SECURE CORRIDOR C-130 WASH BAY 154A DISCOVERY 146B OFFICE 142F FD WORK 156 VEST V-142 OFFICER BAG/TAG 142AIT 148A ELEV 4 EL-260 STORAGE ST-131 SECURE INTERVIEW 133 VEHICLE EXAM BAY 144 EVIDENCE PROCESSING 142 NARC VAULT 146C EVIDENCE 146 FITNESS 150 SECURE INTERVIEW 132 SECURE INTERVIEW 134 SECURE INTERVIEW LARGE 136 F.D. STORAGE 156A MONITOR 130 CASCADE 152A SCBA MAINT. 152 SECURE RR RR-130 WATER M-124 BUNK 125 EQUIP. 110J ARMORY 124 IT 129 TURNOUT GEAR 154 CORRIDOR C-125 SHOWER 154D CUSTODIAL 127 ADA SHOWER RR-126 SALLY PORT 140 BICYCLE STORAGE 140B VESTIBULE V-110 ELEC. ROOM 148B BUILDING STORAGE (FUTURE EXPANSION) 148 VESTV- 146 BRIEFING 122 STAIR 4 S-151 OPEN OFFICE 110 1 1 2 2 3 3 3 4 3 3 3 5 6 7 8 9 10 10 11 12 12 12 12 13 14 15 16 16 17 15 16 16 17 15 16 16 17 15 16 16 17 16 15 18 E-400 3 19 20 21 22 1ALOS1-1 1ALOS1-4 1ALOS2-48 1BLOS1-1 1BLOS1-2 1BLOS1-3 1BLOS1-4 1BLOS1-5 1BLOS1-6 MSB1-3 1BLOS1-7 1BLOS1-8 1BLOS1-9 1BLOS1-10 1BLOS1-11,13,15 1BLOS1-12 1BLOS1-141BLOS1-16 1BLOS1-17 1BLOS1-18 1BLOS1-19 1BLOS1-21 1BLOS1-22 1BLOS1-23 1BLOS1-24 1BLOS1-25 1BLOS1-26 1BLOS1-27 1BLOS1-28 1BLOS1-29 1BLOS1-30 1BLOS1-31,33,35 1BLOS1-32 1BLOS1-34 1BLOS1-36 1BLOS1-38 1BLOS1-39 1BLOS1-40 1BLOS1-41 1BLOS1-42 1BLOS1-43 1BLOS1-44 1BLOS1-45 1BLOS1-46,48 1BLOS1-47 1BLOS1-44 1BLOS2-1 1BLOS2-3,5,7 1BLOS2-2,4 23 1BLOS2-6,8 24 1BLOS2-11 1BLOS2-13 1BLOS2-10,12 1BLOS2-15 1BLOS2-17 1BLOS2-14 1BLOS2-19 1BLOS2-16 1BLOS2-21 1BLOS2-18 1BLOS2-20 1BLOS2-23 1BLOS2-22 1BLOS2-24 1BLOS2-27 1BLOS2-28 1BLOS2-26 1BLOS2-29 1BLOS2-30 1BLOS2-31 1BLOS2-32 1BLOS2-33,35 1BLOS2-34,36 25 1BLOS2-37,39,41 26 1BLOS2-38 1BLOS2-40 1BLOS2-42 1BLOS2-43 1BLOS2-46 1BLOS2-47 1BLOS2-48 1BLOS3-1 1BLOS3-2 1BLOS3-4 1BLOS3-3 1BLOS3-6 1BLOS3-5 1BLOS3-8 1BLOS3-7 1BLOS3-10 1DLOS1-19 1DLOS1-40 1BLOS1-37 1DLOS1-47 1DLOS1-48 E-400 4 1BLOS2-44 1BLOS2-45 1BLOS3-34,36 1BLOS3-35 1DLOS3-56 27 28 29 1ALOS3-19 30 30 1BL2 1BL2-1 1BL2-2 1BL2-3,5 16 31 32 31 31 33 1ALOS3-41 28 28 28 28 28 28 34 SHOWER RR-128 MTSEM 35 36 1BLOS3-45,47 17 MAIN DISC 37 1BLOS3-46 1BLOS3-48 1BLOS3-49 38 MSB1 1BLOS1-20 39 23 1BLOS2-49 1BLOS2-50 40 40 41 1BLOS2-55,57 41 22 ACE Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project Number Acoustical Engineer TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 N. ROUSE AVE. & E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR BID JUNE 04, 2020 19BZ4921 ADDENDUM 01 JULY 01, 2020 ADDENDUM 03 JULY 07, 2020 ADDENDUM 04 JULY 22, 2020 ISSUE FOR CONSTRUCTION AUGUST 14, 2020 22 PR 14 FEBRUARY 10, 2021 ASI 38 FEBRUARY 12, 2021 PR 17 MARCH 10, 2021 PR 8A APRIL 23, 2021 PR 22 MAY 12, 2021 ASI 57 AUGUST 30, 2021 PR 27 OCTOBER 05, 2021 RFI 231 DECEMBER 10, 2021 RFI 250 JANUARY 21, 2022 RFI 252 FEBRUARY 14, 20222/14/2022 2:50:13 PME-101B ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 01 - AREA B JG JK JK BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN N 1/8" = 1'-0"E-101B 1 ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 01 - AREA B ELECTRICAL KEYNOTES 36 SEE ELECTRICAL RISER DIAGRAM FOR FEEDER SIZE. 37 PROVIDE GENERATOR REMOTE EMERGENCY STOP SWITCH. 38 EC TO COORDINATE MOUNTING HEIGHT OF LOWER RECEPTACLES WITH SHELVING. MOUNT RECEPTACLES AT APPROXIAMTLY 20" AFF CENTERED BETWEEN SHELVES. 39 DEVICE FOR CEILING MOUNTED CORD REEL PROVIDED BY EC. SEE DETAIL 5/E-401 FOR ADDITIONAL INFORMATION. 40 PROVIDE RECEPTACLE MOUNTED TO 14x14 ENCLOSURE ABOVE ACCESSIBLE CEILING SPACE AT APPROXIMATE HEIGHT SHOWN. SEE COMMUNICATIONS DRAWINGS FOR ADDITIONAL INFORMATION ON ENCLOSURE. 41 PROVIDE EQUIPMENT WITH CORD AND 6-20P PLUG. ELECTRICAL KEYNOTES 24 EC TO PROVIDE NEMA 15-50R RECEPTACLE. PROVIDE CIRCUIT CONSISTING OF 1"C, 3#8, #10G. 25 PROVIDE CIRCUIT CONSISTING OF #10'S IN 3/4" C. 26 PROVIDE CIRCUIT CONSISTING OF 1"C, 3#6, #6N, #10G. 27 PROVIDE FA/ELEVATOR INTERFACES TO PERFORM PRIMARY RECALL, ALTERNATE RECALL, SHUNT-TRIP, HAT FLASH AND SUPERVISION OF SHUNT-TRIP POWER SOURCE. 28 EC TO PROVIDE ROUGH-IN AND POWER FOR MAGNETIC DOOR HOLDERS PROVIDED WITH DOOR HARDWARE. COORDINATE REQUIREMENTS WITH EQUIPMENT PROVIDER. ROUTE CIRCUIT FOR DOOR HOLDERS THOUGH FA RELAY PROVIDED BY FA CONTRACTOR. 29 ELEVATOR SUMP PUMP CONTROLLER PROVIDED BY OTHERS, WIRING BY EC. EC RESPONSIBLE FOR WIRING FROM CONTROLLER TO ALARM SWITCH AND PUMP LOCATED IN ELEVATOR PIT. PROVIDE CIRCUIT CONSISTING OF #10'S IN 3/4" C. 30 EC TO PROVIDE CONNECTION TO AUTOMATIC SLIDING DOOR. VERIFY EXACT CONNECTION POINT AND LEAF WITH HARDWARE CONTRACTOR PRIOR TO ROUGH-IN. 31 PROVIDE ROUGH-IN FOR CALL ALERT SYSTEM STROBE PROVIDED AND INSTALLED BY OTHERS. PROVIDE 4" SQUARE BOX AT 7'-6" AFF AND CONDUIT INTO ACCESSIBLE CEILING SPACE. COORDINATE LOCATION AND REQUIREMENTS WITH SYSTEM PROVIDER. 32 PROVIDE ROUGH-IN FOR CALL ALERT SYSTEM SPEAKER PROVIDED AND INSTALLED BY OTHERS. PROVIDE BOGEN RE84 BACK BOX FOR HARD LID CEILING OR BOGEN TB8 TILE BRIDGE FOR SUSPENDED CEILING. COORDINATE LOCATION AND REQUIREMENTS WITH SYSTEM PROVIDER. 33 PROVIDE ROUGH-IN FOR CALL ALERT SYSTEM DOORBELL/EMERGENCY ALERT PUSH BUTTON PROVIDED AND INSTALLED BY OTHERS. PROVIDE 4" SQUARE BOX AND CONDUIT INTO ACCESSIBLE CEILING SPACE. COORDINATE LOCATION AND REQUIREMENTS WITH SYSTEM PROVIDER. 34 DEVICE FOR OWNER PROVIDED AIR COMPRESSOR. COORDINATE EXACT REQUIREMENTS WITH OWNER. 35 PROVIDE MANUAL TRANSFER SWITCH FOR TEMPORARY SOURCE OF POWER FOR MAINTENANCE OR REPAIR COMPLYING WITH NEC 700.3. MANUAL SWITCH SHALL BE FOXFAB FFCC-C2-100-T-U4-G-ALU-LA OR EQUAL. SEE ELECTRICAL RISER DIAGRAM FOR ADDITIONAL INFORMATION. ELECTRICAL KEYNOTES 14 VEHICLE EXAM BAY CLASSIFIED AS COMMERCIAL GARAGES, REPAIR AND STORAGE. ALL ELECTRICAL WIRING AND ELECTRICAL UTILIZATION EQUIPMENT IN APPARATUS ROOM AND ADJACENT SPACES NOT EFFECTIVELY CUT OFF BY WALLS OR PARTITIONS SHALL COMPLY WITH NEC ARTICLE 511. 15 PROVIDE POWER CONNECTION TO OVERHEAD DOOR MOTOR, COORDINATE EXACT REQUIREMENT AND LOCATION W/ DOOR EQUIPMENT SUPPLIER. EC TO PROVIDE A SQ D CLASS #3110, HEAVY DUTY FUSED DISCONNECT IN A NEMA 1 ENCLOSURE. FUSE PER MANUFACTURERS RECOMMENDATIONS. 16 PROVIDE ROUGH-IN W/ EMPTY 1/2" C THAT CONTAINS A PULL CORD TO THE SAFETY BEAM DEVICES LOCATED ON BOTH SIDES OF THE DOOR FROM THE OH DOOR MOTOR. COORDINATE W/ DOOR SUPPLIER FOR ANY ADDITIONAL REQUIREMENTS. 17 PROVIDE ROUGH-IN FOR OVERHEAD DOOR PUSHBUTTON CONTROLLER PROVIDED BY OTHERS. PROVIDE EMPTY 1/2" C WITH PULL CORD TO OVER HEAD DOOR MOTOR. COORDINATE EXACT LOCATION OF PUSH BUTTON WITH DOOR SUPPLIER PRIOR TO ROUGH-IN. 18 PROVIDE POWER CONNECTION TO OVERHEAD DOOR MOTOR, COORDINATE EXACT REQUIREMENT AND LOCATION W/ DOOR EQUIPMENT SUPPLIER. EC TO PROVIDE A SQ D CLASS #3110, HEAVY DUTY FUSED DISCONNECT IN A NEMA 1 ENCLOSURE. FUSE PER MANUFACTURERS RECOMMENDATIONS. EC TO PROVIDE ROUGH-IN FOR SAFETY DEVICES AND PUSHBUTTON CONTROLLER PER MANUFACTURERS RECOMMENDATIONS. 19 DEVICE FOR DROP CORD. SEE DETAIL 4/E-400 FOR ADDITIONAL INFORMATION. 20 PROVIDE 3/4" CONDUIT TO SNOW MELT SENSOR FROM SNOW MELT CONTROLLER LOCATED IN MECHANICAL ROOM M-305. COORDINATE LOCATION WITH MC PRIOR TO ROUGH-IN. 21 PROVIDE POWER FOR WATER CLOSET. EC TO PROVIDE CONNECTION TO 24V TRANSFORMER SUPPLIED BY PC. 22 ROUTE POWER FOR DRINKING FOUNTAIN/BOTTLE FILL TO FACTORY INSTALLED J-BOX PROVIDED WITH DRINKING FOUNTAIN. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 23 PROVIDE CIRCUIT CONSISTING OF 3/4"C, 2#6, #10G. ELECTRICAL KEYNOTES 1 PROVIDE RECEPTACLE IN RECESSED FLAT PANEL TELEVISION ENCLOSURE. SEE COMMUNICATIONS PLANS FOR ENCLOSURE DETAILS. 2 PROVIDE ROUGH-IN FOR CALL ALERT SYSTEM SPEAKERS PROVIDED AND INSTALLED BY OTHERS. PROVIDE 4" SQUARE BOX AT 13'-0" AFF AND CONDUIT INTO ACCESSIBLE CEILING SPACE. COORDINATE LOCATION AND REQUIREMENTS WITH SYSTEM PROVIDER. 3 DEVICE FOR CORD REEL. SEE DETAIL 5/E-400 FOR ADDITIONAL INFORMATION. 4 DEVICE FOR WALL MOUNTED COMPUTER STATION. COORDINATE MOUNTING HEIGHT WITH EQUIPMENT SUPPLIER. 5 COORDINATE RECEPTACLE LOCATION WITH DRINKING FOUNTAIN SUPPLIER. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 6 DEVICE IN ELEVATOR PIT. ADJUST LOCATION FOR BEST FIT IN SPACE. COORDINATE W/ ELEVATOR PROVIDER PRIOR TO ROUGH-IN. PROVIDE CIRCUIT PASS THROUGH FROM LINE SIDE OF DEVICE TO LIGHT FIXTURE IN PIT AND RECEPTACLE AT TOP OF SHAFT. 7 DEVICE FOR REFRIGERATED EVIDENCE LOCKER. COORDINATE EXACT CONNECTION LOCATION WITH EQUIPMENT SUPPLIER PRIOR TO ROUGH-IN. 8 ROUTE CIRCUIT FOR CABINET UNIT HEATER THROUGH LINE VOLTAGE THERMOSTAT PROVIDED BY TC. SEE MECHANICAL PLANS FOR THERMOSTAT LOCATIONS. 9 EC TO PROVIDE A SQ D CLASS #3110, 208V, 3-POLE HEAVY DUTY LOCKABLE FUSED DISCONNECT IN A NEMA 3R ENCLOSURE FOR IRRIGATION WELL PUMP. FUSE PER PUMP MANUFACTURERS RECOMMENDATIONS. 10 DEVICE FOR GEAR DRYER PROVIDED BY OTHERS. COORDINATE EXACT LOCATION WITH EQUIPMENT PROVIDER PRIOR TO ROUGH-IN. 11 DEVICE FOR SCBA FILL STATION. EC TO PROVIDE 208V, 3-POLE, 60A NON-FUSED DISCONNECT IN A NEMA 1 ENCLOSURE. 12 PROVIDE (2) DUPLEX RECEPTACLES IN FLOOR BOX. SEE COMMUNICATIONS PLANS FOR FLOOR BOX DETAILS. 13 SALLY PORT CLASSIFIED AS COMMERCIAL GARAGES, REPAIR AND STORAGE. ALL ELECTRICAL WIRING AND ELECTRICAL UTILIZATION EQUIPMENT IN APPARATUS ROOM AND ADJACENT SPACES NOT EFFECTIVELY CUT OFF BY WALLS OR PARTITIONS SHALL COMPLY WITH NEC ARTICLE 511. AREA A AREA B AREA C AREA D ELECTRICAL POWER GENERAL NOTES A ELECTRICAL CONTRACTOR SHALL PROVIDE TAMPER RESISTIVE RECEPTACLES FOR ALL 120V WIRING DEVICES INSTALLED IN THE PROJECT INTERIOR REGARDLESS OF LOCATION. B ALL MECHANICAL EQUIPMENT THAT DOES NOT HAVE A DISCONNECT SHOWN AT DEVICE ON PLAN IS PROVIDED WITH A FACTORY DISCONNECT. EC TO CONNECT DISCONNECT AND VFD WHEN PRESENT. ALL VFD'S ARE PROVIDED BY TC, INSTALLED COMPLETE BY EC TO CIRCUIT AS SHOWN ON PLAN. C ALL WIRING DEVICES LOCATED IN APPARATUS BAY, SALLEY PORT, VEHICLE EXAM, FITNESS, STORAGE AREA AND SECURE CIRCULATION AREAS SHALL BE CONSIDERED ROUGH SERVICE AREAS AND SHALL REQUIRE STAINLESS STEEL DEVICE COVER PLATES. D COORDINATE LOCATION OF ALL DEVICES WITH ARCHITECTURAL PLANS, CASEWORK, SHOP DRAWINGS AND EQUIPMENT MANUFACTURER'S DETAILS BEFORE ROUGHING IN. E ELECTRICAL CONTRACTOR SHALL PROVIDE ARC FAULT BREAKERS ON ALL 120V BRANCH CIRCUITS SERVING DEVICES IN SLEEPING UNITS. F FIRE ALARM PANELS SHALL BE SEISMIC RATED. G FIRE ALARM CIRCUITS SHALL BE INSTALLED TO CLASS 1 SURVIVABILITY (SPRINKLED & IN CONDUIT) 287 OOACACACACACACACACACAC 44"30A44"ACAC AC ACACACAC ACACACAC 26"26"72" 72"72"ACAC AC AC AC AC AC ACACACACACAC44"AC AC AC AC WPWRWPWR WPWR72"72"72"72" AC AC AC 72"72"J J J J60"72"72" F F FFFFF F FF FF FF F FFFFFF F F F FFF F WP F WP HD HDFCO CO CO CO CO SD SD SD COSB COSB COSB COSB COSB COSB COSB FFFF F F HOOD72"ASC-1 CUH-1 EBB-V180M EF-1 M EF-1 M EF-2 M EF-2 M EF-2 M EF-1 M EF-1 M EF-1 M EF-1 M EF-2 FC-4 M AHU-1C CU-4 EF-11 F FJJFACPF FFFFFF M AHU-1F M EF-16FAALOCJJJJJJ AC 72"72"72"72"72" DAMPER J J J J J JJ J J J J J M EF-15 FFWPWR72"72"60"D.4 D.4 D.6 D.6 D.5 D.5 D.2 D.2 D.1 D.1 2.15 2.15 2.13 2.13 2.11 2.11 2.9 2.9 2.6 2.6 2.5 2.5 2.3 2.3 2.1 2.1 C.6 C.6 D.3D.3 WATER/ELECT. 169 AIR LOCK/ BOOTWASH V-160 EMS STORAGE 160DFD STORAGE 160C OFFICE 160B ADMIN 182 OFFICE 162 CUSTODIAL 171 OPERATIONS CHIEF 190 TRAINING 192 EMS 194 EMS 196 CUSTODIAL 183A RR RR-180 CORRIDOR C-180 AIRLOCK V-170 CORRIDOR C-170 BREAK RM 191 DAYROOM 183 STORAGE ST-183 SHOWER RR-165 SHOWER RR-161 SHOWER RR-163 LAUNDRY 167 IT 176 FF WORK AREA 160A ADA SHOWER RR-187 SHOWER RR-162 RR RR-189 SLEEPING ROOM 172 SLEEPING ROOM 170 SLEEPING ROOM 168 SLEEPING ROOM 166 SLEEPING ROOM 164 SLEEPING ROOM 162A FIRE CHIEF 198 CONFERENCE 193 KITCHEN/ DINING 181 VESTIBULE V-180 SLEEPING ROOM 174 LOBBY L-180 OPEN OFFICE 185 VESTIBULE V-190 CORRIDOR C-190 OFFICE 184 FIRE MARSHAL 186 BATTALION CHIEF 188 1 1 1 1 1 1 1 1 1 2 22 3 4 1 1 56 7 3 7 6 5 8 99 10 10 10 10 10 10 10 10 11 12 13 13 14 15 E-400 5 16 16 17 18 19 3 44" 44" 1DLOS1-1,3,5 1DLOS1-8,10,12 1DLOS1-24 1DLOS1-33 1DLOS1-34 1DLOS1-35 1DLOS1-451DLOS1-46 1DLOS2-1 1DLOS2-2 1DLOS2-3 1DLOS2-4 1DLOS2-5 1DLOS2-6 1DLOS2-7 1DLOS2-8 1DLOS2-16 1DLOS2-17 1DLOS2-18 1DLOS2-19 1DLOS2-20 1DLOS2-21 1DLOS2-22 1DLOS2-231DLOS2-24 1DLOS2-25 1DLOS2-261DLOS2-271DLOS2-28 E-400 6 1DLOS2-30,32 1DLOS2-42 1DLOS2-43 1DLOS2-441DLOS2-45 1DLOS2-46 1DLOS3-2 1DLOS3-3 1DLOS3-4 1DLOS3-5 1DLOS3-6 1DLOS3-7 1DLOS3-8 1DLOS3-9 1DLOS3-10 1DLOS3-12 1DLOS3-11 1DLOS3-15,17 1DLOS3-16 1DLOS3-18 1DLOS3-19 1DLOS3-20 1DLOS3-21 1DLOS3-22 1DLOS3-23 1DLOS3-24 1DLOS3-251DLOS3-26 1DLOS3-27 1DLOS3-28 1DLOS3-29 1DLOS3-30 1DLOS3-31 1DLOS3-32 1DLOS3-33 1DLOS3-34 1DLOS3-35 1DLOS3-36 1DLOS3-371DLOS3-38 1DLOS3-391DLOS3-401DLOS3-411DLOS3-42 1DLOS3-43 1DLOS3-44 1DLOS3-45 1DLOS3-46 1DLOS3-47 1DLOS3-48 1DLOS3-49 1DLOS3-50 1DLOS3-51 1DLOS3-52 1DLOS3-53 1DLOS3-54 1DLOS3-13 1DLOS3-14 1DHOS1-2,4,6 MSB1-4 1DLOS3-55 20 21 21 21 1DLOS3-57 22 21 21 21 1DLOS3-58 22 1DLOS2-15 1DLOS3-59 1DLOS3-59 1DLOS3-59 1DLOS3-60 15 14 23 23 24 24 23 23 23 23 25 26 1DLOS3-62 9 1DLOS3-1 1 1 1DLOS3-63,65,67 1DLOS3-64 27 1DLOS2-49 28 1DLOS2-50 22 ACE Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project Number Acoustical Engineer TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 N. ROUSE AVE. & E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR BID JUNE 04, 2020 19BZ4921 ADDENDUM 01 JULY 01, 2020 ADDENDUM 03 JULY 07, 2020 ADDENDUM 04 JULY 22, 2020 ISSUE FOR CONSTRUCTION AUGUST 14, 2020 22 PR 14 FEBRUARY 10, 2021 ASI 38 FEBRUARY 12, 2021 PR 17 MARCH 10, 2021 PR 8A APRIL 23, 2021 PR 22 MAY 12, 2021 ASI 57 AUGUST 30, 2021 PR 27 OCTOBER 05, 2021 RFI 231 DECEMBER 10, 2021 RFI 250 JANUARY 21, 2022 RFI 252 FEBRUARY 14, 20222/14/2022 2:50:19 PME-101D ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 01 - AREA D JG JK JK BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN N 1/8" = 1'-0"E-101D 1 ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 01 - AREA D ELECTRICAL KEYNOTES 20 PROVIDE POWER AND CONTROL CONNECTIONS FOR MOTORIZED SHADES. COORDINATE NUMBER AND LOCATION OF POWER CONNECTIONS WITH SHADE EQUIPMENT PROVIDER. 21 EC TO PROVIDE ROUGH-IN FOR ADA DOOR OPERATOR PUSH BUTTON. LOCATE BACK BOX AT 44" COD AND ROUTE A 3/4"C WITH PULL LINE INTO ACCESSIBLE CEILING SPACE IN BUILDING INTERIOR FOR INSTALLATION OF CABLING BY OTHERS. COORDINATE LOCATION OF PUSH BUTTONS WITH ARCHITECTURAL DRAWINGS. 22 EC TO PROVIDE CONNECTION TO POWERED ADA DOOR OPERATOR AT DOOR. VERIFY EXACT CONNECTION POINT AND LEAF WITH HARDWARE CONTRACTOR PRIOR TO ROUGH-IN. 23 PROVIDE ROUGH-IN FOR CALL ALERT SYSTEM SPEAKER PROVIDED AND INSTALLED BY OTHERS. PROVIDE BOGEN RE84 BACK BOX FOR HARD LID CEILING OR BOGEN TB8 TILE BRIDGE FOR SUSPENDED CEILING. COORDINATE LOCATION AND REQUIREMENTS WITH SYSTEM PROVIDER. 24 PROVIDE ROUGH-IN FOR CALL ALERT SYSTEM DOORBELL/EMERGENCY ALERT PUSH BUTTON PROVIDED AND INSTALLED BY OTHERS. PROVIDE 4" SQUARE BOX AND CONDUIT INTO ACCESSIBLE CEILING SPACE. COORDINATE LOCATION AND REQUIREMENTS WITH SYSTEM PROVIDER. 25 SEE ELECTRICAL RISER DIAGRAM FOR FEEDER SIZE. 26 PROVIDE CIRCUIT CONSISTING OF 3/4"C, 3#8, #8N, #10G. 27 DEVICE FOR SANITIZER. PROVIDE CIRCUIT CONSISTING OF #10'S IN 3/4"C. 28 PROVIDE CONNECTION TO AIR HANDLER UVC CONTROLLER PROVIDED BY MC. COORDINATE LOCATION OF CONTROLLER WITH MC PRIOR TO ROUGH-IN. ELECTRICAL KEYNOTES 12 DEVICE FOR TOXALERT SYSTEM CONTROLLER. COORDINATE EXACT LOCATION WITH EQUIPMENT PROVIDER PRIOR TO ROUGH-IN. 13 PROVIDE (2) DUPLEX RECEPTACLES IN FLOOR BOX. SEE COMMUNICATIONS PLANS FOR FLOOR BOX DETAILS. 14 PROVIDE ROUGH-IN W/ EMPTY 1/2" C THAT CONTAINS A PULL CORD TO THE SAFETY BEAM DEVICES LOCATED ON BOTH SIDES OF THE DOOR FROM THE OH DOOR MOTOR. COORDINATE W/ DOOR SUPPLIER FOR ANY ADDITIONAL REQUIREMENTS. 15 PROVIDE ROUGH-IN FOR OVERHEAD DOOR PUSHBUTTON CONTROLLER PROVIDED BY OTHERS. PROVIDE EMPTY 1/2" C WITH PULL CORD TO OVER HEAD DOOR MOTOR. COORDINATE EXACT LOCATION OF PUSH BUTTON WITH DOOR SUPPLIER PRIOR TO ROUGH-IN. 16 ROUTE POWER FOR DRINKING FOUNTAIN/BOTTLE FILL TO FACTORY INSTALLED J-BOX PROVIDED WITH DRINKING FOUNTAIN. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 17 EMERGENCY GAS SHUTDOWN PUSH BUTTON BY ELECTRICAL CONTRACTOR FOR RANGE AND OUTDOOR GRILL. SEE DETAIL 7/E-400 FOR ADDITIONAL INFORMATION. 18 CONTACTOR FOR USE IN EMERGENCY SHUTDOWN OF POWER TO BOILERS. SEE DETAIL 7/E-400 FOR ADDITIONAL INFORMATION. INSTALL CONTACTOR IN ACCESSIBLE CEILING SPACE NEAR PUSH BUTTON. 19 PROVIDE CONNECTION FOR GAS SOLENOID VALVE. SEE DETAIL 7/E-400 FOR ADDITIONAL INFORMATION. COORDINATE LOCATION WITH PLUMBING CONTRACTOR. ELECTRICAL KEYNOTES 1 PROVIDE RECEPTACLE IN RECESSED FLAT PANEL TELEVISION ENCLOSURE. SEE COMMUNICATIONS PLANS FOR ENCLOSURE DETAILS. 2 PROVIDE ROUGH-IN FOR CALL ALERT SYSTEM SPEAKERS PROVIDED AND INSTALLED BY OTHERS. PROVIDE 4" SQUARE BOX AT 13'-0" AFF AND CONDUIT INTO ACCESSIBLE CEILING SPACE. COORDINATE LOCATION AND REQUIREMENTS WITH SYSTEM PROVIDER. 3 PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 4 DEVICE FOR DROP CORD. SEE DETAIL 4/E-400 FOR ADDITIONAL INFORMATION. 5 DEVICE FOR GARBAGE DISPOSAL. PROVIDE SWITCHED GFCI RECEPTACLE TO SERVE DISPOSAL. 6 DEVICE FOR DISHWASHER. PROVIDE GFCI RECEPTACLE UNDER SINK TO SERVE DISHWASHER. 7 DEVICE FOR MICROWAVE. COORDINATE MOUNTING HEIGHT WITH ARCHITECTURAL INTERIOR ELEVATIONS PRIOR TO ROUGH-IN. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 8 DEVICE FOR AVEC PANEL FOR CONTROL OF VEHICLE EXHAUST SYSTEM. COORDINATE EXACT LOCATION WITH EQUIPMENT SUPPLIER PRIOR TO ROUGH-IN. 9 DEVICE LOCATED ON ROOF ABOVE. 10 ROUTE CIRCUIT FOR EXHAUST FAN THROUGH DUAL RELAY OCCUPANCY SENSOR SWITCH IN ROOM. SEE LIGHTING PLANS FOR ADDITIONAL INFORMATION. 11 ROUTE CIRCUIT FOR EXHAUST FAN THROUGH ROOM CONTROLLER. ROOM CONTROLLER TO TURN FAN ON UPON OCCUPANCY. SEE LIGHTING PLANS FOR ADDITIONAL INFORMATION. AREA A AREA B AREA C AREA D ELECTRICAL POWER GENERAL NOTES A ELECTRICAL CONTRACTOR SHALL PROVIDE TAMPER RESISTIVE RECEPTACLES FOR ALL 120V WIRING DEVICES INSTALLED IN THE PROJECT INTERIOR REGARDLESS OF LOCATION. B ALL MECHANICAL EQUIPMENT THAT DOES NOT HAVE A DISCONNECT SHOWN AT DEVICE ON PLAN IS PROVIDED WITH A FACTORY DISCONNECT. EC TO CONNECT DISCONNECT AND VFD WHEN PRESENT. ALL VFD'S ARE PROVIDED BY TC, INSTALLED COMPLETE BY EC TO CIRCUIT AS SHOWN ON PLAN. C ALL WIRING DEVICES LOCATED IN APPARATUS BAY, SALLEY PORT, VEHICLE EXAM, FITNESS, STORAGE AREA AND SECURE CIRCULATION AREAS SHALL BE CONSIDERED ROUGH SERVICE AREAS AND SHALL REQUIRE STAINLESS STEEL DEVICE COVER PLATES. D COORDINATE LOCATION OF ALL DEVICES WITH ARCHITECTURAL PLANS, CASEWORK, SHOP DRAWINGS AND EQUIPMENT MANUFACTURER'S DETAILS BEFORE ROUGHING IN. E ELECTRICAL CONTRACTOR SHALL PROVIDE ARC FAULT BREAKERS ON ALL 120V BRANCH CIRCUITS SERVING DEVICES IN SLEEPING UNITS. F FIRE ALARM PANELS SHALL BE SEISMIC RATED. G FIRE ALARM CIRCUITS SHALL BE INSTALLED TO CLASS 1 SURVIVABILITY (SPRINKLED & IN CONDUIT) 288 Route KFD FD FD FD ACAC AC AC 72"AC ACAC AC ACAC AC ACACAC ACACAC ACAC ACAC ACWPWR72"ACACACAC AC 72"AC72"72"72"72"72"72"44" AC AC 44"AC 72"72"72"F F FFF FFFFF F F F F F FF F FFF F FFFF F F F F F FFF FF F F F FFFFFFFF HD SD SD SD SD SD SD SD FFFFF FFFSDAC AC 72"ACACM EF-2 M EF-2 M EF-2 M EF-2 M EF-2 M EF-2 M M M F FFFFESP-3 M M M M M J B.1 B.1 A.15 A.15 A.14 A.14A.13 A.13A.12 A.12 A.11 A.11 A.10 A.10A.4 A.4A.3 A.3 A.9 A.9A.1 A.1 1.3 1.4 1.6 1.12 1.15 1.16 1.16 A.8 A.8 A.7 A.7 A.6 A.6 A.5 A.5 1.9 1.17 1.13 1.11 1.8 1.10 1.14 1.7 1.5 CORRIDOR C-200 STAIR 2 S-206 RECEPTION 200 VEST V-260 OFFICE 217 OFFICE 219 OFFICE 221 SECURE 260C SECURE 240C RR RR-247 FUTURE COURTROOM 260 STORAGE 250E STORAGE 260D RR RR-230A RR RR-235A OFFICE 203 OFFICE 205 BREAK ROOM 207 OFFICE 209 OFFICE 211 OFFICE 213 OFFICE 223 RR RR-241 JUDGE'S CHAMBERS 247 RR RR-249 JURY DELIBERATION 249 HOTEL OFFICE 260A ELEV. 3 EL-240 COURT CONF 240A SHELLED SPACE 251 RR RR-253 RR (FUTURE) RR-251 KIDS PLAY 200B OFFICE 201 OFFICE 237 AV 250D AV 260E COURT ROOM B 250 COURT CONF 250A VEST V-250 COURT CONF 250B WOMEN'S RR RR-246 RR (SECURE) RR-240 COURT CONF 260B RR (SECURE) RR-260 INTERVIEW 200A CONFERENCE 202 VEST V-240 COURT ROOM A 240 RR RR-201 ATT. CLERKS 230 INTERVIEW 200C JURY DELIBERATION 241 RR RR-239 JUDGE'S CHAMBERS 239 OFFICE 245 BALIFF 243 CORRIDOR C-240 ELEV. 1 EL-102 COURT CONF 240B MEN'S RR RR-266 OFFICE 215 ELEV. 2 EL-106 AV 240D 1 1 1 1 1 1 11 1 2 3 4 5 6 7 STOR 200D 8 1 1 1 4 9 9 9 9 9 9 10 11 11 11 10 11 10 12 12 12 12 12 12 12 12 12 13 14 2BLOS1-11 15 15 15 15 15 2BL1-1 2BL1-2 2BL1-3 2BL1-4 2BL1-5 2BL1-6 2BL1-7 2BL1-8 2BL1-9 16 2BL1-10 2BL1-11 2BL1-12 2BL1-13 2BL1-14 2BL1-15 2BL1-16 2BL1-17 2BL1-18 2BL1-19 2BL1-20 2BL1-21 2BL1-232BL1-22 2BL1-24 2BL1-25 2BL1-26 2BL1-27 2BL1-28 2BL1-29 2BL1-31 2BL1-30 2BL1-32 2BL1-33 2BL1-34 2BL1-35 2BL1-36 2BL1-37 2BL1-39 2BL1-38 2BL1-40 2BL1-41 2BL1-42 2BL1-43 2BL1-44 2BL1-45 2BL1-46 2BH1-1,3,5 2BL1-47 2BL1-48 2BL2-1 2BL2-2 2BL2-3 2BL2-4 2BL2-5 2BL2-6 2BL2-7 2BL2-8 2BL2-9 2BL2-10 2BL2-12 2BL2-11 2BL2-13 2BL2-14 1ALOS1-39 2BL2-15 2BH1-2,4,6 2BL2-16 2BL2-17 2BL2-18 2BL2-19 2BL2-20 2BL2-23 2BL2-24 2BL2-25 2BL2-26 2BL2-21 2BL2-22 2BL2-282BL2-27 2BL2-29 2BL2-30 2BL2-30 2BL2-30 2BL2-31 2BL2-32 2BL2-33 2BL2-34 2BL2-35 2BH1-7,9,11 2BL2-36 2BL2-37 2BL2-38 2BL2-40 2BL2-39 2BL2-41 2BL2-42 2BL2-43 2BL2-44 2BL2-45 2BL2-46 2BL2-47 2BL2-48 2BL2-49 2BL2-50 2BL2-51 2BL2-52 2BL2-532BL2-54 2BL2-55 2BL2-56 2BL2-57 2BL2-58 17 18 17 2BL3-1 2BL3-2 2BL3-3 2BL3-4 2BL3-5 2BL3-6 2BL3-8 2BL3-7 2BL3-9 2BL3-10 2BL3-11 2BL3-12 2BL3-13 2BL3-14 2BL3-15 2BL3-16 2BL3-17 2BL3-18 2BL3-19 2BL3-20 2BL3-21 2BL3-22 2BL3-23 2BL3-24 2BL3-25 2BL3-26 2BL3-27 2BL3-28 2BL3-29 2BL3-30 2BL3-31 2BL3-32 2BL3-35 2BL3-36 19 20 12 12 2BL2-59 15 2BL4-45,47 21 2BLOS1-2822 ACE Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project Number Acoustical Engineer TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 N. ROUSE AVE. & E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR BID JUNE 04, 2020 19BZ4921 ADDENDUM 01 JULY 01, 2020 ADDENDUM 03 JULY 07, 2020 ADDENDUM 04 JULY 22, 2020 ISSUE FOR CONSTRUCTION AUGUST 14, 2020 22 PR 14 FEBRUARY 10, 2021 ASI 38 FEBRUARY 12, 2021 PR 17 MARCH 10, 2021 PR 8A APRIL 23, 2021 PR 22 MAY 12, 2021 ASI 57 AUGUST 30, 2021 PR 27 OCTOBER 05, 2021 RFI 231 DECEMBER 10, 2021 RFI 250 JANUARY 21, 2022 RFI 252 FEBRUARY 14, 20222/14/2022 2:50:27 PME-102A ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 02 - AREA A JG JK JK BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN N 1/8" = 1'-0"E-102A 1 ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 02 - AREA A ELECTRICAL KEYNOTES 12 PROVIDE (2) DUPLEX RECEPTACLES IN FLOOR BOX. SEE COMMUNICATIONS PLANS FOR FLOOR BOX DETAILS. 13 PROVIDE POWER FOR WATER CLOSET. EC TO PROVIDE CONNECTION TO 24V TRANSFORMER SUPPLIED BY PC. 14 ROUTE POWER FOR DRINKING FOUNTAIN/BOTTLE FILL TO FACTORY INSTALLED J-BOX PROVIDED WITH DRINKING FOUNTAIN. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 15 PROVIDE POWER AND CONTROL CONNECTIONS FOR MOTORIZED SHADES. COORDINATE NUMBER AND LOCATION OF POWER CONNECTIONS WITH SHADE EQUIPMENT PROVIDER. 16 COORDINATE RECEPTACLE LOCATION WITH DRINKING FOUNTAIN SUPPLIER. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 17 PROVIDE CIRCUIT CONSISTING OF 1"C, 3#6, #6N, #10G. 18 PROVIDE CIRCUIT CONSISTING OF 1-1/4"C, 3#4, #4N, #8G. 19 PROVIDE FA/ELEVATOR INTERFACES TO PERFORM PRIMARY RECALL, ALTERNATE RECALL, SHUNT-TRIP, HAT FLASH AND SUPERVISION OF SHUNT-TRIP POWER SOURCE. 20 DEVICE IN ELEVATOR PIT. ADJUST LOCATION FOR BEST FIT IN SPACE. COORDINATE W/ ELEVATOR PROVIDER PRIOR TO ROUGH-IN. PROVIDE CIRCUIT PASS THROUGH FROM LINE SIDE OF DEVICE TO LIGHT FIXTURE IN PIT AND RECEPTACLE AT TOP OF SHAFT. 21 PROVIDE ROUGH-IN FOR OVERHEAD DOOR PUSHBUTTON CONTROLLER PROVIDED BY OTHERS. PROVIDE EMPTY 1/2" C WITH PULL CORD TO OVER HEAD DOOR MOTOR. COORDINATE EXACT LOCATION OF PUSH BUTTON WITH DOOR SUPPLIER PRIOR TO ROUGH-IN. ELECTRICAL KEYNOTES 1 PROVIDE RECEPTACLE IN RECESSED FLAT PANEL TELEVISION ENCLOSURE. SEE COMMUNICATIONS PLANS FOR ENCLOSURE DETAILS. 2 DEVICE FOR UNDER COUNTER MICROWAVE. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 3 DEVICE FOR UNDER COUNTER FRIDGE. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 4 PROVIDE RECEPTACLE IN UPPER CABINET FOR MICROWAVE. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 5 PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 6 DEVICE FOR GARBAGE DISPOSAL. PROVIDE SWITCHED GFCI RECEPTACLE TO SERVE DISPOSAL. 7 DEVICE FOR DISHWASHER. PROVIDE GFCI RECEPTACLE UNDER SINK TO SERVE DISHWASHER. 8 DEVICE LOCATED AT TOP OF THE ELEVATOR SHAFT. ADJUST LOCATION FOR BEST FIT IN SPACE, COORDINATE W/ ELEVATOR PROVIDER PRIOR TO ROUGH-IN. PROVIDE CIRCUIT PASS THROUGH FROM LINE SIDE OF DEVICE TO LIGHT FIXTURE AT TOP OF SHAFT. 9 ROUTE CIRCUIT FOR EXHAUST FAN THROUGH DUAL RELAY OCCUPANCY SENSOR SWITCH IN ROOM. SEE LIGHTING PLANS FOR ADDITIONAL INFORMATION. 10 ROUTE CIRCUIT FOR ELEVATOR THROUGH BUSSMANN ELEVATOR MODULE LOCATED IN ELECT. 271. 11 PROVIDE 120V FOR ELEVATOR CONTROLS/ CAB LIGHTS. ROUTE CIRCUIT THROUGH DISCONNECT LOCATED IN ELECT. 271. AREA A AREA B AREA C AREA D ELECTRICAL POWER GENERAL NOTES A ELECTRICAL CONTRACTOR SHALL PROVIDE TAMPER RESISTIVE RECEPTACLES FOR ALL 120V WIRING DEVICES INSTALLED IN THE PROJECT INTERIOR REGARDLESS OF LOCATION. B ALL MECHANICAL EQUIPMENT THAT DOES NOT HAVE A DISCONNECT SHOWN AT DEVICE ON PLAN IS PROVIDED WITH A FACTORY DISCONNECT. EC TO CONNECT DISCONNECT AND VFD WHEN PRESENT. ALL VFD'S ARE PROVIDED BY TC, INSTALLED COMPLETE BY EC TO CIRCUIT AS SHOWN ON PLAN. C ALL WIRING DEVICES LOCATED IN APPARATUS BAY, SALLEY PORT, VEHICLE EXAM, FITNESS, STORAGE AREA AND SECURE CIRCULATION AREAS SHALL BE CONSIDERED ROUGH SERVICE AREAS AND SHALL REQUIRE STAINLESS STEEL DEVICE COVER PLATES. D COORDINATE LOCATION OF ALL DEVICES WITH ARCHITECTURAL PLANS, CASEWORK, SHOP DRAWINGS AND EQUIPMENT MANUFACTURER'S DETAILS BEFORE ROUGHING IN. E ELECTRICAL CONTRACTOR SHALL PROVIDE ARC FAULT BREAKERS ON ALL 120V BRANCH CIRCUITS SERVING DEVICES IN SLEEPING UNITS. F FIRE ALARM PANELS SHALL BE SEISMIC RATED. G FIRE ALARM CIRCUITS SHALL BE INSTALLED TO CLASS 1 SURVIVABILITY (SPRINKLED & IN CONDUIT) 289 FD FD ACACAC ACACACACACACACAC AC AC AC AC ACAC AC ACACAC72" 44"WPWRFFFF FFF F F F F F FFFFF FF FF F F F FF F F FFF SD SD SD SD CO COSB AC FC-7 FC-5 EH-1EH-1EH-1EH-1EH-1EH-1EH-1CU-3 WPWR F M 44"NACF MM MMMM M EF-13 M EF-14 C.1 C.1 B.3 B.3 B.2 B.2 B.1 B.1 2.14 2.14 2.12 2.12 2.10 2.10 A.15 A.15 1.2 1.2 TRAINING ROOM 294 SECURE 260C ADA SHOWER 280C SHOWER 280E ELECT. 271 CUSTODIAL 273 DATA CENTER 270 RR RR-292 ADA-RR RR-290 ELEV 4 EL-260 IT OFFICE 274 STORAGE ST-294A SHOWER 280F SHOWER 280D ADA SHOWER 280B COURT CONF 260B RR (SECURE) RR-260 C.R. 280J C.R. 280I C.R. 280H C.R. 280G LOUNGE 291 IT 272 CORRIDOR C-270 LOCKER ROOM 280 ADA SHOWER 280A MEN'S RR RR-266 1 2 2 3 3 4 5 BUNK ROOM 270A 6 7 8 8 8 8 E-400 7 9 10 11 11 11 12 13 2BLOS1-7,9 1BLOS2-24 2BH1-8,10,12 2BL2-55 2BL2-58 14 2BL3-23 2BL3-242BL3-252BL3-262BL3-272BL3-28 2BL3-29 2BL3-30 2BL3-31 2BL3-32 2BL3-33 2BL3-34 2BL3-35 2BL3-36 2BL3-37 E-400 9 2BL3-39 2BL3-40 2BL3-41 2BL3-42 2BL3-43 2BL3-44 2BL3-45 2BL3-46 2BL3-48 2BL3-47 2BL4-1 2BL4-2 2BL4-3 2BL4-4 2BL4-5,6,7 2BL4-8,9,10 2BL4-11,12,13 2BL4-14,15,16 2BL4-17 2BL4-18 2BL4-19 2BL4-20 2BL4-31 2BL4-30 2BL4-33 2BL4-32 2BL4-35 2BL4-34 2BL4-37 2BL4-36 2BL4-39 2BL4-382BL4-41 2BL4-40 2BL4-43 2BL4-42 2BL4-44 C.R. 280J 2BL4-46 2BLOS1-28 22 ACE Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project Number Acoustical Engineer TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 N. ROUSE AVE. & E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR BID JUNE 04, 2020 19BZ4921 ADDENDUM 01 JULY 01, 2020 ADDENDUM 03 JULY 07, 2020 ADDENDUM 04 JULY 22, 2020 ISSUE FOR CONSTRUCTION AUGUST 14, 2020 22 PR 14 FEBRUARY 10, 2021 ASI 38 FEBRUARY 12, 2021 PR 17 MARCH 10, 2021 PR 8A APRIL 23, 2021 PR 22 MAY 12, 2021 ASI 57 AUGUST 30, 2021 PR 27 OCTOBER 05, 2021 RFI 231 DECEMBER 10, 2021 RFI 250 JANUARY 21, 2022 RFI 252 FEBRUARY 14, 20222/14/2022 2:50:31 PME-102B ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 02 - AREA B JG JK JK BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN N 1/8" = 1'-0"E-102B 1 ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 02 - AREA B ELECTRICAL KEYNOTES 9 ROUTE CIRCUIT FOR ELEVATOR THROUGH BUSSMANN ELEVATOR MODULE LOCATED IN ELECT. 271. 10 PROVIDE 120V FOR ELEVATOR CONTROLS/ CAB LIGHTS. ROUTE CIRCUIT THROUGH DISCONNECT LOCATED IN ELECT. 271. 11 PROVIDE (2) DUPLEX RECEPTACLES IN FLOOR BOX. SEE COMMUNICATIONS PLANS FOR FLOOR BOX DETAILS. 12 PROVIDE POWER FOR WATER CLOSET. EC TO PROVIDE CONNECTION TO 24V TRANSFORMER SUPPLIED BY PC. 13 ROUTE POWER FOR DRINKING FOUNTAIN/BOTTLE FILL TO FACTORY INSTALLED J-BOX PROVIDED WITH DRINKING FOUNTAIN. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 14 PROVIDE CIRCUIT CONSISTING OF 1-1/4"C, 3#4, #4N, #8G. ELECTRICAL KEYNOTES 1 PROVIDE RECEPTACLE IN RECESSED FLAT PANEL TELEVISION ENCLOSURE. SEE COMMUNICATIONS PLANS FOR ENCLOSURE DETAILS. 2 PROVIDE CONNECTION TO MOTORIZED PROJECTION SCREEN. SEE COMMUNICATIONS PLANS FOR ADDITIONAL INFORMATION. 3 CEILING MOUNTED RECEPTACLE FOR PROJECTOR. COORDINATE EXACT LOCATION WITH EQUIPMENT SUPPLIER PRIOR TO ROUGH-IN. 4 DEVICE FOR GARBAGE DISPOSAL. PROVIDE SWITCHED GFCI RECEPTACLE TO SERVE DISPOSAL. 5 DEVICE FOR DISHWASHER. PROVIDE GFCI RECEPTACLE UNDER SINK TO SERVE DISHWASHER. 6 DEVICE IN ELEVATOR PIT. ADJUST LOCATION FOR BEST FIT IN SPACE. COORDINATE W/ ELEVATOR PROVIDER PRIOR TO ROUGH-IN. PROVIDE CIRCUIT PASS THROUGH FROM LINE SIDE OF DEVICE TO LIGHT FIXTURE IN PIT AND RECEPTACLE AT TOP OF SHAFT. 7 PROVIDE RECEPTACLE IN UPPER CABINET FOR MICROWAVE. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 8 DEVICES FOR BUILT IN LOCKER RECEPTACLES PROVIDED WITH LOCKERS. EC TO PROVIDE JUNCTION BOX AND CONNECTION TO POWER ENTRY WHIP SUPPLIED BY EQUIPMENT SUPPLIER, MINIMUM WIRE SIZE SHALL BE #12AWG. WIRE PER MANUFACTURERS RECOMMENDATIONS. COORDINATE LOCATION OF POWER SUPPLY ENTRANCE WITH EQUIPMENT PROVIDER PRIOR TO ROUGH-IN. JUMPER CABLES BETWEEN RECEPTACLES TO BE PROVIDED AND INSTALLED BY EQUIPMENT SUPPLIER. AREA A AREA B AREA C AREA D ELECTRICAL POWER GENERAL NOTES A ELECTRICAL CONTRACTOR SHALL PROVIDE TAMPER RESISTIVE RECEPTACLES FOR ALL 120V WIRING DEVICES INSTALLED IN THE PROJECT INTERIOR REGARDLESS OF LOCATION. B ALL MECHANICAL EQUIPMENT THAT DOES NOT HAVE A DISCONNECT SHOWN AT DEVICE ON PLAN IS PROVIDED WITH A FACTORY DISCONNECT. EC TO CONNECT DISCONNECT AND VFD WHEN PRESENT. ALL VFD'S ARE PROVIDED BY TC, INSTALLED COMPLETE BY EC TO CIRCUIT AS SHOWN ON PLAN. C ALL WIRING DEVICES LOCATED IN APPARATUS BAY, SALLEY PORT, VEHICLE EXAM, FITNESS, STORAGE AREA AND SECURE CIRCULATION AREAS SHALL BE CONSIDERED ROUGH SERVICE AREAS AND SHALL REQUIRE STAINLESS STEEL DEVICE COVER PLATES. D COORDINATE LOCATION OF ALL DEVICES WITH ARCHITECTURAL PLANS, CASEWORK, SHOP DRAWINGS AND EQUIPMENT MANUFACTURER'S DETAILS BEFORE ROUGHING IN. E ELECTRICAL CONTRACTOR SHALL PROVIDE ARC FAULT BREAKERS ON ALL 120V BRANCH CIRCUITS SERVING DEVICES IN SLEEPING UNITS. F FIRE ALARM PANELS SHALL BE SEISMIC RATED. G FIRE ALARM CIRCUITS SHALL BE INSTALLED TO CLASS 1 SURVIVABILITY (SPRINKLED & IN CONDUIT) 290 WPWR FFFF F FFFFFSDSD SD SD SD SD HD HD HDFF CU-1 CU-6 FC-6 M AHU-2 SUPPLY M EF-3 M EF-4 M AHU-2 RETURNWPWR FFFFAALOCWPWRCUH C-304M EF-12 SD FC-6 B.1 B.1 A.15 A.15 A.14 A.14A.13 A.13A.12 A.12 A.11 A.11 A.10 A.10A.4 A.4A.3 A.3 A.9 A.9A.1 A.1 1.6 1.12 1.15 1.16 1.16 A.8 A.8 A.7 A.7 A.6 A.6 A.5 A.5 1.9 1.17 1.13 1.11 1.8 1.10 1.14 1.14 1.7 1.5 1 MECHANICAL ROOM M-301 FACILITIES OFFICES M-301a IT 308 SECURE CIRCULATION C-302 STORAGE ST-310 STAIR 2 S-306 ELEV. 3 EL-240 2 3 4 E-103A 2 3AHOS1 3ALOS1 3AH1 3AL1 3ALOS1-1,3 3ALOS1-2,4 3AHOS1-1,3,5 3AHOS1-2,4,6 T5 1ALOS2-20 3AL1-1 3AL1-2 3AL1-3 3AL1-4 5 63AL1-5 3AL1-6 3AL1-8 3AL1-9 2 1ALOS2-33 3AL1-10 3AL1-11 3AL1-13 3AL1-12 3AL1-14 7 7 T8 3BL1-4 3AL1-7 3BL1-8 3BL1-16,18 3AHEM1 8 3AL1-15 9 11 3ALOS1-15 22 A.6 1.13 1.13 IT 308 3ALOS1-5,7 3ALOS1-6 3ALOS1-9 3ALOS1-8 1 1 1 3ALOS1-12 3ALOS1-11 3ALOS1-10 3ALOS1-13 3ALOS1-1410 ACE Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project Number Acoustical Engineer TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 N. ROUSE AVE. & E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR BID JUNE 04, 2020 19BZ4921 ADDENDUM 01 JULY 01, 2020 ADDENDUM 03 JULY 07, 2020 ADDENDUM 04 JULY 22, 2020 ISSUE FOR CONSTRUCTION AUGUST 14, 2020 22 PR 14 FEBRUARY 10, 2021 ASI 38 FEBRUARY 12, 2021 PR 17 MARCH 10, 2021 PR 8A APRIL 23, 2021 PR 22 MAY 12, 2021 ASI 57 AUGUST 30, 2021 PR 27 OCTOBER 05, 2021 RFI 231 DECEMBER 10, 2021 RFI 250 JANUARY 21, 2022 RFI 252 FEBRUARY 14, 20222/14/2022 2:50:34 PME-103A ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 03 - AREA A JG JK JK BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN N 1/8" = 1'-0"E-103A 1 ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 03 - AREA A ELECTRICAL KEYNOTES 1 MOUNT RECEPTACLES ON UNISTRUT ABOVE IT RACKS TOWARDS THE REAR OF RACKS. SEE COMMUNICATIONS PLANS FOR ADDITIONAL INFORMATION. 2 DEVICE LOCATED AT TOP OF THE ELEVATOR SHAFT. ADJUST LOCATION FOR BEST FIT IN SPACE, COORDINATE W/ ELEVATOR PROVIDER PRIOR TO ROUGH-IN. PROVIDE CIRCUIT PASS THROUGH FROM LINE SIDE OF DEVICE TO LIGHT FIXTURE AT TOP OF SHAFT. 3 PROVIDE 120V CIRCUIT FOR AHU FACTORY INSTALLED CONVENIENCE OUTLETS AND LIGHTS. 4 EMERGENCY BOILER SHUTDOWN PUSH BUTTON BY ELECTRICAL CONTRACTOR. SEE DETAIL 6/E-401 FOR ADDITIONAL INFORMATION. 5 PROVIDE CIRCUIT CONSISTING OF 1-1/4"C, 3#4, #4N, #8G. 6 PROVIDE CIRCUIT CONSISTING OF 3/4"C, 3#10, #10N, #10G. 7 PROVIDE FA/ELEVATOR INTERFACES TO PERFORM PRIMARY RECALL, ALTERNATE RECALL, SHUNT-TRIP, HAT FLASH AND SUPERVISION OF SHUNT-TRIP POWER SOURCE. 8 MOUNT RECEPTACLE ON UNISTRUT NEAR CONDENSING UNITS. 9 DEVICE LOCATED ON ROOF ABOVE. 10 PROVIDE #6 CU GND FROM THE GROUND BAR INSTALLED ON EQUIPMENT BACK BOARD TO THE INTERSYSTEM GROUND POINT. SEE COMMUNICATIONS DRAWINGS FOR GROUND BAR LOCATIONS AND ADDITIONAL INFORMATION. 11 DEVICE FOR CEILING MOUNTED CORD REEL PROVIDED BY EC. SEE DETAIL 5/E-401 FOR ADDITIONAL INFORMATION. AREA A AREA B AREA C AREA D ELECTRICAL POWER GENERAL NOTES A ELECTRICAL CONTRACTOR SHALL PROVIDE TAMPER RESISTIVE RECEPTACLES FOR ALL 120V WIRING DEVICES INSTALLED IN THE PROJECT INTERIOR REGARDLESS OF LOCATION. B ALL MECHANICAL EQUIPMENT THAT DOES NOT HAVE A DISCONNECT SHOWN AT DEVICE ON PLAN IS PROVIDED WITH A FACTORY DISCONNECT. EC TO CONNECT DISCONNECT AND VFD WHEN PRESENT. ALL VFD'S ARE PROVIDED BY TC, INSTALLED COMPLETE BY EC TO CIRCUIT AS SHOWN ON PLAN. C ALL WIRING DEVICES LOCATED IN APPARATUS BAY, SALLEY PORT, VEHICLE EXAM, FITNESS, STORAGE AREA AND SECURE CIRCULATION AREAS SHALL BE CONSIDERED ROUGH SERVICE AREAS AND SHALL REQUIRE STAINLESS STEEL DEVICE COVER PLATES. D COORDINATE LOCATION OF ALL DEVICES WITH ARCHITECTURAL PLANS, CASEWORK, SHOP DRAWINGS AND EQUIPMENT MANUFACTURER'S DETAILS BEFORE ROUGHING IN. E ELECTRICAL CONTRACTOR SHALL PROVIDE ARC FAULT BREAKERS ON ALL 120V BRANCH CIRCUITS SERVING DEVICES IN SLEEPING UNITS. F FIRE ALARM PANELS SHALL BE SEISMIC RATED. G FIRE ALARM CIRCUITS SHALL BE INSTALLED TO CLASS 1 SURVIVABILITY (SPRINKLED & IN CONDUIT) N 1/4" = 1'-0"E-103A 2 ELECTRICAL P-FA PLAN - ENLARGED IT 308 291 WPWRFF FSD HD SD F FFCU-2 CU-7 CU-5 M EF-5 GF-1 GF-2 B-1 B-2 B-3 M AHU-3 SUPPLY M AHU-3 RETURN M ERV-1 M HWP-1 M HWP-2 M CWP-1 M CWP-2 WPWR M BP-1 M BP-2 M BP-3 HWH-1HWH-2 F FHWRC-1HWRC-2 HWRC-3 SMP-1 UH-1 UH-2 CUH C-304 C.1 C.1 B.3 B.3 B.2 B.2 B.1 B.1 A.15 A.15 1.2 1.2 MECHANICAL ROOM M-305 BOILER ROOM ST-307 STAIR 3 S-326 ELEV 4 EL-2601 2 3 4 3 5 5 3BHOS1 3BLOS1 3BLOS1-1,3 3BLOS1-2,4 3BLOS1-5,7 3BHOS1-1,3,5 3BHOS1-2,4,6 3BHOS1-7,9,11 3BLOS1-6 3BHOS1-8,10,12 3BHOS1-13,15,17 3BHOS1-14,16,18 3BHOS1-19,21,23 3BHOS1-20,22,24 3BHOS1-25,27,29 3BLOS1-8 3BLOS1-9 3BLOS1-103BLOS1-11 3BLOS1-12 3BHOS1-26,28,30 3BHOS1-31,33,35 T6 1BLOS2-24 6 7 6 8 8 3BH13BL1 9 3BL1-1 3BL1-2 3BL1-3 3BL1-4 3BL1-5,7,9 3BL1-6 3BL1-8 3BL1-10,12,14 3BL1-13 3BL1-15 3BH1-2,4,6 3BH1-1,3,5 7 7 T9 3BL1-16,18 3BL1-11 3BLOS1-13 10 11 11 11 12 12 12 3BL1-19 13 22 3BLOS1-14 3BLOS1-15 22 22 22 ACE Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project Number Acoustical Engineer TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 N. ROUSE AVE. & E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR BID JUNE 04, 2020 19BZ4921 ADDENDUM 01 JULY 01, 2020 ADDENDUM 03 JULY 07, 2020 ADDENDUM 04 JULY 22, 2020 ISSUE FOR CONSTRUCTION AUGUST 14, 2020 22 PR 14 FEBRUARY 10, 2021 ASI 38 FEBRUARY 12, 2021 PR 17 MARCH 10, 2021 PR 8A APRIL 23, 2021 PR 22 MAY 12, 2021 ASI 57 AUGUST 30, 2021 PR 27 OCTOBER 05, 2021 RFI 231 DECEMBER 10, 2021 RFI 250 JANUARY 21, 2022 RFI 252 FEBRUARY 14, 20222/14/2022 2:50:36 PME-103B ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 03 - AREA B JG JK JK BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN N 1/8" = 1'-0"E-103B 1 ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 03 - AREA B ELECTRICAL KEYNOTES 1 DEVICE LOCATED AT TOP OF THE ELEVATOR SHAFT. ADJUST LOCATION FOR BEST FIT IN SPACE, COORDINATE W/ ELEVATOR PROVIDER PRIOR TO ROUGH-IN. PROVIDE CIRCUIT PASS THROUGH FROM LINE SIDE OF DEVICE TO LIGHT FIXTURE AT TOP OF SHAFT. 2 PROVIDE 120V CIRCUIT FOR AHU FACTORY INSTALLED CONVENIENCE OUTLETS AND LIGHTS. 3 EMERGENCY BOILER SHUTDOWN PUSH BUTTON BY ELECTRICAL CONTRACTOR. SEE DETAIL 6/E-401 FOR ADDITIONAL INFORMATION. 4 CONTACTOR FOR USE IN EMERGENCY SHUTDOWN OF POWER TO BOILERS. SEE DETAIL 6/E-401 FOR ADDITIONAL INFORMATION. 5 POWER FOR RECIRCULATION PUMP SUPPLIED FROM ASSOCIATED WATER HEATER TERMINAL. 6 PROVIDE CIRCUIT CONSISTING OF 1-1/4"C, 3#4, #4N, #8G. 7 PROVIDE CIRCUIT CONSISTING OF 3/4"C, 3#10, #10N, #10G. 8 PROVIDE CIRCUIT CONSISTING OF 1"C, 3#6, #6N, #10G. 9 PROVIDE FA/ELEVATOR INTERFACES TO PERFORM PRIMARY RECALL, ALTERNATE RECALL, SHUNT-TRIP, HAT FLASH AND SUPERVISION OF SHUNT-TRIP POWER SOURCE. 10 BOILER SUPERVISORY PANEL PROVIDED BY MC, WIRED COMPLETE BY EC. COORDINATE LOCATION WITH MC PRIOR TO ROUGH-IN. 11 ROUTE CIRCUIT FOR BOILER THROUGH SUPERVISORY PANEL PROVIDED BY MC. 12 EC TO PROVIDE A SQ D CLASS #3110, 600V, 3-POLE HEAVY DUTY FUSED DISCONNECT IN A NEMA 1 ENCLOSURE. FUSE PER MANUFACTURERS RECOMMENDATIONS. 13 PROVIDE CONNECTION TO AIR HANDLER UVC CONTROLLER PROVIDED BY MC. COORDINATE LOCATION OF CONTROLLER WITH MC PRIOR TO ROUGH-IN. AREA A AREA B AREA C AREA D ELECTRICAL POWER GENERAL NOTES A ELECTRICAL CONTRACTOR SHALL PROVIDE TAMPER RESISTIVE RECEPTACLES FOR ALL 120V WIRING DEVICES INSTALLED IN THE PROJECT INTERIOR REGARDLESS OF LOCATION. B ALL MECHANICAL EQUIPMENT THAT DOES NOT HAVE A DISCONNECT SHOWN AT DEVICE ON PLAN IS PROVIDED WITH A FACTORY DISCONNECT. EC TO CONNECT DISCONNECT AND VFD WHEN PRESENT. ALL VFD'S ARE PROVIDED BY TC, INSTALLED COMPLETE BY EC TO CIRCUIT AS SHOWN ON PLAN. C ALL WIRING DEVICES LOCATED IN APPARATUS BAY, SALLEY PORT, VEHICLE EXAM, FITNESS, STORAGE AREA AND SECURE CIRCULATION AREAS SHALL BE CONSIDERED ROUGH SERVICE AREAS AND SHALL REQUIRE STAINLESS STEEL DEVICE COVER PLATES. D COORDINATE LOCATION OF ALL DEVICES WITH ARCHITECTURAL PLANS, CASEWORK, SHOP DRAWINGS AND EQUIPMENT MANUFACTURER'S DETAILS BEFORE ROUGHING IN. E ELECTRICAL CONTRACTOR SHALL PROVIDE ARC FAULT BREAKERS ON ALL 120V BRANCH CIRCUITS SERVING DEVICES IN SLEEPING UNITS. F FIRE ALARM PANELS SHALL BE SEISMIC RATED. G FIRE ALARM CIRCUITS SHALL BE INSTALLED TO CLASS 1 SURVIVABILITY (SPRINKLED & IN CONDUIT) 292 ACE Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project Number Acoustical Engineer TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 N. ROUSE AVE. & E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR BID JUNE 04, 2020 19BZ4921 ADDENDUM 01 JULY 01, 2020 ADDENDUM 03 JULY 07, 2020 ADDENDUM 04 JULY 22, 2020 ISSUE FOR CONSTRUCTION AUGUST 14, 2020 22 PR 14 FEBRUARY 10, 2021 ASI 38 FEBRUARY 12, 2021 PR 17 MARCH 10, 2021 PR 8A APRIL 23, 2021 PR 22 MAY 12, 2021 ASI 57 AUGUST 30, 2021 PR 27 OCTOBER 05, 2021 RFI 231 DECEMBER 10, 2021 RFI 250 JANUARY 21, 2022 RFI 252 FEBRUARY 14, 20222/14/2022 2:50:38 PME-606 ELECTRICAL PANEL SCHEDULES JG JK JK BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN Notes: Lighting 936 VA 125.00% 1170 VA Power 1520 VA 100.00% 1520 VA Receptacle 24544 VA 70.37% 17272 VA Total Est. Demand:186 A Other 0 VA 0.00% 0 VA Total Conn.:198 A Motor 39983 VA 105.80% 42302 VA Total Est. Demand:66830 VA Heating 960 VA 100.00% 960 VA Total Conn. Load:71468 VA Cooling 4222 VA 100.00% 4222 VA Load Classification Connected Load Demand Factor Estimated Demand Panel Totals Legend: Total Amps:187 A 211 A 202 A Total Load:22443 VA 25059 VA 23977 VA 59 Spare 20 A 1 0 0 1 20 A Spare 60 57 Spare 20 A 1 0 0 1 20 A Spare 58 55 Spare 20 A 1 0 0 1 20 A Spare 56 53 Spare 20 A 1 0 0 1 20 A Spare 54 51 Spare 20 A 1 0 0 1 20 A Spare 52 49 Receptacle, APPARATUS BAY 160 20 A 1 180 0 1 20 A Spare 50 47 Receptacle, APPARATUS BAY 160 20 A 1 360 360 1 20 A Receptacle, APPARATUS BAY 160 48 45 Receptacle 20 A 1 360 540 1 20 A Receptacle 46 43 CORD DROP, APPARATUS BAY 160 20 A 1 180 180 1 20 A CORD DROP, APPARATUS BAY 160 44 41 CORD DROP, APPARATUS BAY 160 20 A 1 180 180 1 20 A CORD DROP, APPARATUS BAY 160 42 39 CORD DROP, APPARATUS BAY 160 20 A 1 180 180 1 20 A CORD DROP, APPARATUS BAY 160 40 37 CORD DROP, APPARATUS BAY 160 20 A 1 180 180 1 20 A CORD DROP, APPARATUS BAY 160 38 35 CORD DROP, APPARATUS BAY 160 20 A 1 180 180 1 20 A CORD DROP, APPARATUS BAY 160 36 33 TOXALERT CONTROLLER, APP BAY... 20 A 1 360 180 1 20 A AVEC PANEL, APPARATUS BAY 160 34 31 EF-6 20 A 1 920 184 1 20 A EF-7, APPARATUS BAY 160 32 29 ---- -- 1788 1788 -- -- --30 27 ---- -- 1788 1788 -- -- --28 25 Motor, APPARATUS BAY 160 20 A 3 1788 1788 3 20 A Motor, APPARATUS BAY 160 26 23 ASC-1, APPARATUS BAY 160 20 A 1 1560 1560 1 20 A ASC-1, APPARATUS BAY 160 24 21 ASC-1, APPARATUS BAY 160 20 A 1 1560 1560 1 20 A ASC-1, APPARATUS BAY 160 22 19 ASC-1, APPARATUS BAY 160 20 A 1 1560 1560 1 20 A ASC-1, APPARATUS BAY 160 20 17 ASC-1, APPARATUS BAY 160 20 A 1 1560 1560 1 20 A ASC-1, APPARATUS BAY 160 18 15 ASC-1, APPARATUS BAY 160 20 A 1 1560 1560 1 20 A ASC-1, APPARATUS BAY 160 16 13 INFRARED HEATERS, APP BAY 160 20 A 1 480 480 1 20 A INFRARED HEATERS, APP BAY 160 14 11 ---- -- 888 1332 -- -- --12 9 ---- -- 888 1332 -- -- --10 7 OH DOOR, APPARATUS BAY 160 20 A 3 888 1332 3 20 A OH DOOR, APPARATUS BAY 160 8 5 ---- -- 1332 888 -- -- --6 3 ---- -- 1332 888 -- -- --4 1 OH DOOR, APPARATUS BAY 160 20 A 3 1332 888 3 20 A OH DOOR, APPARATUS BAY 160 2 CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT Notes: Enclosure:Type 1 Buss Rating 400 A Mounting:Surface Wires:4 Mains Rating:300 A Supply From:T3 Phases:3 Mains Type:MCB Location:WATER/ELECT. 169 Volts:120/208 Wye A.I.C. Rating:14,000 Panel:1DLOS1 PROVIDE AFCI BREAKER TO SERVE THE FOLLOWING LOADS: 22, 23, 24, 25, 26, 27, 28 PROVIDE 5mA BREAKER TO SERVE THE FOLLOWING LOADS: 4, 44 Notes: Lighting 936 VA 125.00% 1170 VA Total Est. Demand:61 A Power 980 VA 100.00% 980 VA Total Conn.:76 A Receptacle 20944 VA 73.87% 15472 VA Total Est. Demand:22047 VA Motor 206 VA 105.98% 218 VA Total Conn. Load:27274 VA Cooling 4222 VA 100.00% 4222 VA Load Classification Connected Load Demand Factor Estimated Demand Panel Totals Legend: Total Amps:74 A 80 A 74 A Total Load:8890 VA 9560 VA 8824 VA 59 Spare 20 A 1 0 0 1 20 A Spare 60 57 Spare 20 A 1 0 0 1 20 A Spare 58 55 Spare 20 A 1 0 0 1 20 A Spare 56 53 Spare 20 A 1 0 0 1 20 A Spare 54 51 Spare 20 A 1 0 0 1 20 A Spare 52 49 AHU-1 UV LIGHTS 20 A 1 936 500 1 20 A VAV POWER SUPPLY, WATER/ELECT.... 50 47 Receptacle, APPARATUS BAY 160 20 A 1 360 360 1 20 A Receptacle, APPARATUS BAY 160 48 45 Receptacle, KITCHEN/ DINING 181 20 A 1 720 540 1 20 A Receptacle 46 43 Receptacle 20 A 1 180 180 1 20 A BOTTLE FILL STATION, CORRIDOR... 44 41 Receptacle, IT 176 20 A 1 180 540 1 20 A Receptacle 42 39 Receptacle, IT 176 20 A 1 180 360 1 20 A Receptacle, IT 176 40 37 Receptacle, IT 176 20 A 1 180 360 1 20 A Receptacle, IT 176 38 35 Receptacle, IT 176 20 A 1 360 360 1 20 A Receptacle, IT 176 36 33 Receptacle, IT 176 20 A 1 180 360 1 20 A Receptacle, IT 176 34 31 ---- -- 1799 312 -- -- --32 29 FC-4, IT 176 30 A 2 1799 312 2 20 A CU-4, CORRIDOR C-180 30 27 Receptacle 20 A 1 720 720 1 20 A Receptacle 28 25 Receptacle 20 A 1 720 720 1 20 A Receptacle 26 23 Receptacle 20 A 1 720 720 1 20 A Receptacle 24 21 Receptacle Room 162 20 A 1 1080 900 1 20 A Receptacle Room 162A 22 19 Receptacle, FF WORK AREA 160A 20 A 1 720 180 1 20 A Receptacle 20 17 Receptacle, FF WORK AREA 160A 20 A 1 360 360 1 20 A Receptacle, FF WORK AREA 160A 18 15 Receptacle 20 A 1 360 720 1 20 A Receptacle 16 13 EF-2, EF-11, EF-16, CUSTODIAL 171,... 20 A 1 83 480 1 20 A Receptacle, ZONE CONTROLLER,... 14 11 ---- -- 2000 180 1 20 A Receptacle, LAUNDRY 167 12 9 Receptacle, LAUNDRY 167 30 A 2 2000 180 1 20 A Receptacle, LAUNDRY 167 10 7 Receptacle, Room RR-161, RR-163,... 20 A 1 540 111 1 20 A EF-1 8 5 Receptacle, RR RR-162 20 A 1 180 37 1 20 A EF-1 6 3 Receptacle Room V-160 20 A 1 360 180 1 20 A BOTTLE FILL STATION, AIR LOCK/... 4 1 Receptacle 20 A 1 360 540 1 20 A Receptacle, EMS STORAGE 160D 2 CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT Notes: Enclosure:Type 1 Mounting:Surface Wires:4 Buss Rating:400 A Supply From:1DLOS1 Phases:3 Mains Type:MLO Location:WATER/ELECT. 169 Volts:120/208 Wye A.I.C. Rating:14,000 Panel:1DLOS2 PROVIDE 5mA GFCI BREAKER TO SERVE THE FOLLOWING LOADS: 8, 9, 10, 32, 50 Notes: Power 1920 VA 100.00% 1920 VA Total Est. Demand:82 A Receptacle 23580 VA 71.20% 16790 VA Total Conn.:101 A Other 0 VA 0.00% 0 VA Total Est. Demand:29644 VA Motor 928 VA 118.58% 1100 VA Total Conn. Load:36263 VA Heating 9848 VA 100.00% 9848 VA Load Classification Connected Load Demand Factor Estimated Demand Panel Totals Legend: Total Amps:108 A 101 A 95 A Total Load:12886 VA 11992 VA 11385 VA 71 Spare 20 A 1 0 0 1 20 A Spare 72 69 Spare 20 A 1 0 0 1 20 A Spare 70 67 ---- -- 2868 0 1 20 A Spare 68 65 ---- -- 2868 0 1 20 A Spare 66 63 Sanitizer, KITCHEN/ DINING 181 30 A 3 2868 180 1 20 A Dishwasher, KITCHEN/ DINING 181 64 61 FACP, WATER/ELECT. 169 20 A 1 180 252 1 20 A EF-15, KITCHEN/ DINING 181 62 59 Receptacle, CORRIDOR C-170 20 A 1 540 360 1 20 A Receptacle, ADMIN 182 60 57 ADA DOOR OPERATOR 20 A 1 360 360 1 20 A ADA DOOR OPERATOR 58 55 MOTORIZED SHADES 20 A 1 240 360 1 20 A MAG DOOR HOLDERS, APP BAY 160 56 53 Receptacle 20 A 1 180 180 1 20 A Receptacle, BREAK RM 191 54 51 Receptacle, BREAK RM 191 20 A 1 360 180 1 20 A Receptacle 52 49 Receptacle, BREAK RM 191 20 A 1 180 180 1 20 A Receptacle, BREAK RM 191 50 47 Receptacle 20 A 1 540 180 1 20 A Receptacle, BREAK RM 191 48 45 Receptacle Room 193 20 A 1 720 360 1 20 A Receptacle, CONFERENCE 193 46 43 Receptacle 20 A 1 720 720 1 20 A Receptacle, CONFERENCE 193 44 41 Receptacle 20 A 1 720 1080 1 20 A Receptacle Room 198 42 39 Receptacle 20 A 1 720 720 1 20 A Receptacle 40 37 Receptacle, CORRIDOR C-190 20 A 1 360 180 1 20 A Receptacle 38 35 Receptacle Room RR-189, RR-187 20 A 1 360 74 1 20 A EF-1 36 33 CUH-1, VESTIBULE V-190 20 A 1 204 1080 1 20 A Receptacle Room 190 34 31 Receptacle, OPEN OFFICE 185 20 A 1 360 180 1 20 A Receptacle 32 29 Receptacle 20 A 1 540 360 1 20 A Receptacle Room 185 30 27 Receptacle 20 A 1 540 540 1 20 A Receptacle, OPEN OFFICE 185 28 25 Receptacle Room 186 20 A 1 1080 1080 1 20 A Receptacle Room 188 26 23 Receptacle 20 A 1 720 191 1 20 A CUSTODIAL 183A 24 21 Receptacle, DAYROOM 183 20 A 1 360 720 1 20 A Receptacle 22 19 Receptacle, STORAGE ST-183 20 A 1 360 840 1 20 A Receptacle, VAV POWER SUPPLY,... 20 17 ---- -- 520 540 1 20 A Receptacle Room 182 18 15 EBB-V180 20 A 2 520 360 1 20 A Receptacle, ADMIN 182 16 13 Receptacle Room L-180 20 A 1 1080 191 1 20 A TOILET RR-180 14 11 Receptacle 20 A 1 540 540 1 20 A Receptacle 12 9 Receptacle, KITCHEN/ DINING 181 20 A 1 180 180 1 20 A Receptacle, KITCHEN/ DINING 181 10 7 Receptacle, KITCHEN/ DINING 181 20 A 1 180 180 1 20 A Receptacle, KITCHEN/ DINING 181 8 5 Dishwasher 20 A 1 180 180 1 20 A Receptacle 6 3 GAS SOLENOID 20 A 1 300 180 1 20 A Receptacle, KITCHEN/ DINING 181 4 1 Receptacle, KITCHEN/ DINING 181 20 A 1 360 780 1 20 A Power, RANGE HOOD, KITCHEN/... 2 CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT Notes: Enclosure:Type 1 Buss Rating 200 A Mounting:Surface Wires:4 Mains Rating:200 A Supply From:T12 Phases:3 Mains Type:MCB Location:WATER/ELECT. 169 Volts:120/208 Wye A.I.C. Rating:10,000 Panel:1DLOS3 Notes: Total Est. Demand:33 A Power 1160 VA 100.00% 1160 VA Total Conn.:32 A Receptacle 3780 VA 100.00% 3780 VA Total Est. Demand:27045 VA Motor 1921 VA 125.00% 2401 VA Total Conn. Load:26565 VA Cooling 19704 VA 100.00% 19704 VA Load Classification Connected Load Demand Factor Estimated Demand Panel Totals Legend: Total Amps:29 A 33 A 35 A Total Load:8112 VA 8912 VA 9541 VA 19 Provision -- -- 0 0 -- -- Provision 20 17 Provision -- --0 0 -- -- Provision 18 15 Provision -- -- 0 0 -- -- Provision 16 13 Provision -- -- 0 0 -- -- Provision 14 11 Provision -- --0 0 -- -- Provision 12 9 Provision -- -- 0 0 1 20 A Spare 10 7 Provision -- -- 0 0 1 20 A Spare 8 5 ---- -- 9541 0 1 20 A Spare 6 3 ---- -- 8912 0 1 20 A Spare 4 1 T4 50 A 3 8112 0 1 20 A Spare 2 CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT Notes: Enclosure:Type 1 Buss Rating:100 A Mounting:Surface Wires:4 Mains Rating:100 A Supply From:1BHOSDP Phases:3 Mains Type:MCB Location:ELECT. 271 Volts:480/277 Wye A.I.C. Rating:22,000 Panel:2BHOS1 Notes: Total Est. Demand:75 A Power 1160 VA 100.00% 1160 VA Total Conn.:74 A Receptacle 3780 VA 100.00% 3780 VA Total Est. Demand:27045 VA Motor 1921 VA 125.00% 2401 VA Total Conn. Load:26565 VA Cooling 19704 VA 100.00% 19704 VA Load Classification Connected Load Demand Factor Estimated Demand Panel Totals Legend: Total Amps:68 A 75 A 81 A Total Load:8112 VA 8912 VA 9541 VA 41 Provision -- --0 0 -- -- Provision 42 39 Provision -- -- 0 0 -- -- Provision 40 37 Provision -- -- 0 0 -- -- Provision 38 35 Spare 20 A 1 0 0 1 20 A Spare 36 33 Spare 20 A 1 0 0 1 20 A Spare 34 31 Spare 20 A 1 0 0 1 20 A Spare 32 29 Spare 20 A 1 0 0 1 20 A Spare 30 27 Receptacle, DATA CENTER 270 20 A 1 180 800 1 20 A Power, VAV POWER SUPPLY, Room... 28 25 Receptacle, DATA CENTER 270 20 A 1 180 180 1 20 A Receptacle, DATA CENTER 270 26 23 Receptacle, DATA CENTER 270 20 A 1 180 180 1 20 A Receptacle, DATA CENTER 270 24 21 Receptacle, IT 272 20 A 1 180 180 1 20 A Receptacle, IT 272 22 19 Receptacle, IT 272 20 A 1 180 180 1 20 A Receptacle, IT 272 20 17 Receptacle, IT 272 20 A 1 360 180 1 20 A Receptacle, IT 272 18 15 Receptacle, IT 272 20 A 1 360 360 1 20 A Receptacle, IT 272 16 13 Receptacle, IT 272 20 A 1 360 180 1 20 A Receptacle, IT 272 14 11 ESP-3 30 A 1 1921 360 1 20 A Receptacle, IT 272 12 9 ---- -- 312 180 1 20 A ZONE CONTROLLER, ELECT. 271 10 7 CU-3 20 A 2 312 3180 -- -- --8 5 ---- -- 3180 3180 -- -- --6 3 ---- -- 3180 3180 3 40 A FC-5 4 1 FC-7 40 A 3 3180 180 1 20 A NAC PANEL, ELECT. 271 2 CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT Notes: Enclosure:Type 1 Buss Rating:100 A Mounting:Recessed Wires:4 Main Rating:100 A Supply From:T4 Phases:3 Mains Type:MCB Location:Volts:120/208 Wye A.I.C. Rating:10,000 Panel:2BLOS1 22 293 ACE Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project Number Acoustical Engineer TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 N. ROUSE AVE. & E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR BID JUNE 04, 2020 19BZ4921 ADDENDUM 01 JULY 01, 2020 ADDENDUM 03 JULY 07, 2020 ADDENDUM 04 JULY 22, 2020 ISSUE FOR CONSTRUCTION AUGUST 14, 2020 22 PR 14 FEBRUARY 10, 2021 ASI 38 FEBRUARY 12, 2021 PR 17 MARCH 10, 2021 PR 8A APRIL 23, 2021 PR 22 MAY 12, 2021 ASI 57 AUGUST 30, 2021 PR 27 OCTOBER 05, 2021 RFI 231 DECEMBER 10, 2021 RFI 250 JANUARY 21, 2022 RFI 252 FEBRUARY 14, 20222/14/2022 2:50:39 PME-607 ELECTRICAL PANEL SCHEDULES JG JK JK BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN Notes: Total Est. Demand:92 A Power 600 VA 100.00% 600 VA Total Conn.:80 A Receptacle 2160 VA 100.00% 2160 VA Total Est. Demand:76721 VA Motor 59832 VA 116.67% 69804 VA Total Conn. Load:66760 VA Cooling 4846 VA 100.00% 4846 VA Load Classification Connected Load Demand Factor Estimated Demand Panel Totals Legend: Total Amps:84 A 77 A 81 A Total Load:23147 VA 21381 VA 22238 VA 29 Provision -- --0 0 -- -- Provision 30 27 Provision -- -- 0 0 -- -- Provision 28 25 Provision -- -- 0 0 -- -- Provision 26 23 Provision -- --0 0 -- -- Provision 24 21 Provision -- -- 0 0 -- -- Provision 22 19 Spare 20 A 1 0 0 -- -- Provision 20 17 Spare 20 A 1 0 0 -- -- Provision 18 15 Spare 20 A 1 0 0 -- -- Provision 16 13 Spare 20 A 1 0 0 1 20 A Spare 14 11 ---- -- 2519 0 1 20 A Spare 12 9 ---- -- 1584 0 1 20 A Spare 10 7 T5 50 A 3 3503 0 1 20 A Spare 8 5 ---- -- 13296 6648 -- -- --6 3 ---- -- 13296 6648 -- -- --4 1 AHU-2 SUPPLY, Space 218 60 A 3 13296 6648 3 30 A AHU-2 RETURN, Space 218 2 CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT Notes: Enclosure:Type 1 Buss Rating:250 A Mounting:Surface Wires:4 Mains Rating:250 A Supply From:1BHOSDP Phases:3 Mains Type:MCB Location:Space 218 Volts:480/277 Wye A.I.C. Rating:22,000 Panel:3AHOS1 Notes: Total Est. Demand:21 A Total Conn.:21 A Power 600 VA 100.00% 600 VA Total Est. Demand:7606 VA Receptacle 2160 VA 100.00% 2160 VA Total Conn. Load:7606 VA Cooling 4846 VA 100.00% 4846 VA Load Classification Connected Load Demand Factor Estimated Demand Panel Totals Legend: Total Amps:30 A 13 A 22 A Total Load:3503 VA 1584 VA 2519 VA 41 Provision -- --0 0 -- -- Provision 42 39 Provision -- -- 0 0 -- -- Provision 40 37 Provision -- -- 0 0 -- -- Provision 38 35 Provision -- --0 0 -- -- Provision 36 33 Provision -- -- 0 0 -- -- Provision 34 31 Provision -- -- 0 0 -- -- Provision 32 29 Provision -- --0 0 -- -- Provision 30 27 Provision -- -- 0 0 -- -- Provision 28 25 Provision -- -- 0 0 -- -- Provision 26 23 Spare 20 A 1 0 0 1 20 A Spare 24 21 Spare 20 A 1 0 0 1 20 A Spare 22 19 Spare 20 A 1 0 0 1 20 A Spare 20 17 Spare 20 A 1 0 0 1 20 A Spare 18 15 AHU-2 CONTROLLER, VAV POWER... 20 A 1 600 0 1 20 A Spare 16 13 Receptacle, Space 238 20 A 1 360 360 1 20 A Receptacle, Space 238 14 11 Receptacle, Space 238 20 A 1 180 180 1 20 A Receptacle, Space 238 12 9 Receptacle, Space 238 20 A 1 180 180 1 20 A Receptacle, Space 238 10 7 ---- -- 1799 360 1 20 A Receptacle, Space 238 8 5 FC-6, Space 238 30 A 2 1799 360 1 20 A Receptacle, Space 238 6 3 ---- -- 312 312 -- -- --4 1 CU-1 20 A 2 312 312 2 20 A CU-6 2 CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT Notes: Enclosure:Type 1 Buss Rating:100 A Mounting:Surface Wires:4 Main Rating:100 A Supply From:T5 Phases:3 Mains Type:MCB Location:Space 218 Volts:120/208 Wye A.I.C. Rating:10,000 Panel:3ALOS1 Notes: Total Est. Demand:248 A Power 2900 VA 100.00% 2900 VA Total Conn.:235 A Motor 180043 VA 105.71% 190314 VA Total Est. Demand:205946 VA Heating 10050 VA 100.00% 10050 VA Total Conn. Load:195681 VA Cooling 4242 VA 100.00% 4242 VA Load Classification Connected Load Demand Factor Estimated Demand Panel Totals Legend: Total Amps:240 A 236 A 232 A Total Load:66451 VA 65104 VA 64130 VA 59 Provision -- --0 0 -- -- Provision 60 57 Provision -- -- 0 0 -- -- Provision 58 55 Provision -- -- 0 0 -- -- Provision 56 53 Provision -- --0 0 -- -- Provision 54 51 Provision -- -- 0 0 -- -- Provision 52 49 Provision -- -- 0 0 -- -- Provision 50 47 Provision -- --0 0 -- -- Provision 48 45 Provision -- -- 0 0 -- -- Provision 46 43 Provision -- -- 0 0 -- -- Provision 44 41 Spare 20 A 1 0 0 -- -- Provision 42 39 Spare 20 A 1 0 0 -- -- Provision 40 37 Spare 20 A 1 0 0 -- -- Provision 38 35 ---- -- 11080 1631 -- -- --36 33 ---- -- 11080 2694 -- -- --34 31 HWP-2, Space 226 50 A 3 11080 4161 3 50 A T6 32 29 ---- -- 1330 11080 -- -- --30 27 ---- -- 1330 11080 -- -- --28 25 BP-3, Space 227 20 A 3 1330 11080 3 50 A HWP-1, Space 226 26 23 ---- -- 1330 1330 -- -- --24 21 ---- -- 1330 1330 -- -- --22 19 BP-1, Space 227 20 A 3 1330 1330 3 20 A BP-2, Space 227 20 17 ---- -- 1117 1117 -- -- --18 15 ---- -- 1117 1117 -- -- --16 13 B-2, Space 227 20 A 3 1117 1117 3 20 A B-3, Space 227 14 11 ---- -- 13296 1117 -- -- --12 9 ---- -- 13296 1117 -- -- --10 7 AHU-3 SUPPLY, Space 226 60 A 3 13296 1117 3 20 A B-1, Space 227 8 5 ---- -- 13518 6648 -- -- --6 3 ---- -- 13518 6648 -- -- --4 1 ERV-1, Space 226 70 A 3 13518 6648 3 30 A AHU-3 RETURN, Space 226 2 CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT Notes: Enclosure:Type 1 Buss Rating 400 A Mounting:Surface Wires:4 Mains Rating:400 A Supply From:1BHOSDP Phases:3 Mains Type:MCB Location:Space 226 Volts:480/277 Wye A.I.C. Rating:22,000 Panel:3BHOS1 Notes: Total Est. Demand:24 A Total Conn.:24 A Power 2900 VA 100.00% 2900 VA Total Est. Demand:8591 VA Motor 1344 VA 107.81% 1449 VA Total Conn. Load:8486 VA Cooling 4242 VA 100.00% 4242 VA Load Classification Connected Load Demand Factor Estimated Demand Panel Totals Legend: Total Amps:36 A 24 A 14 A Total Load:4161 VA 2694 VA 1631 VA 41 Provision -- --0 0 -- -- Provision 42 39 Provision -- -- 0 0 -- -- Provision 40 37 Provision -- -- 0 0 -- -- Provision 38 35 Provision -- --0 0 -- -- Provision 36 33 Provision -- -- 0 0 -- -- Provision 34 31 Provision -- -- 0 0 -- -- Provision 32 29 Provision -- --0 0 -- -- Provision 30 27 Provision -- -- 0 0 -- -- Provision 28 25 Spare 20 A 1 0 0 1 20 A Spare 26 23 Spare 20 A 1 0 0 1 20 A Spare 24 21 Spare 20 A 1 0 0 1 20 A Spare 22 19 Spare 20 A 1 0 0 1 20 A Spare 20 17 Spare 20 A 1 0 0 1 20 A Spare 18 15 AHU-3 CONTROLLER, Space 226 20 A 1 500 0 1 20 A Spare 16 13 BOILER SUPERVISORY PANEL, IR... 20 A 1 680 1000 1 20 A ERV CONTROL PANEL, TC SNE... 14 11 HWRC-2, Space 226 20 A 1 420 420 1 20 A HWRC-3, Space 226 12 9 HWH-2, Space 226 20 A 1 360 420 1 20 A HWRC-1, Space 226 10 7 ---- -- 707 360 1 20 A HWH-1, Space 226 8 5 CU-5 20 A 2 707 84 1 20 A GF-1, Space 226 6 3 ---- -- 707 707 -- -- --4 1 CU-2 20 A 2 707 707 2 20 A CU-7 2 CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT Notes: Enclosure:Type 1 Buss Rating:100 A Mounting:Recessed Wires:4 Main Rating:100 A Supply From:T6 Phases:3 Mains Type:MCB Location:Volts:120/208 Wye A.I.C. Rating:14,000 Panel:3BLOS1 Notes: Total Est. Demand:4 A Total Conn.:3 A Total Est. Demand:3329 VA Total Conn. Load:2663 VA Lighting 2663 VA 125.00% 3329 VA Load Classification Connected Load Demand Factor Estimated Demand Panel Totals Legend: Total Amps:10 A 0 A 0 A Total Load:2663 VA 0 VA 0 VA 29 0 -- -- Provision 30 27 Provision -- -- 0 0 -- -- Provision 28 25 Provision -- -- 0 0 -- -- Provision 26 23 Provision -- --0 0 -- -- Provision 24 21 Provision -- -- 0 0 -- -- Provision 22 19 Provision -- -- 0 0 -- -- Provision 20 17 Provision -- --0 0 -- -- Provision 18 15 Provision -- -- 0 0 -- -- Provision 16 13 Provision -- -- 0 0 -- -- Provision 14 11 Provision -- --0 0 -- -- Provision 12 9 Provision -- -- 0 0 -- -- Provision 10 7 Spare 20 A 1 0 0 1 20 A Spare 8 5 Spare 20 A 1 0 0 1 20 A Spare 6 3 Spare 20 A 1 0 0 1 20 A Spare 4 1 EM LIGHTING AREA A 20 A 1 2663 0 1 20 A Spare 2 CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT Notes: Enclosure:Type 1 Mounting:Surface Wires:4 Mains Rating:125 A Supply From:1BHEMDP Phases:3 Mains Type:MLO Location:ELECT. 123 Volts:480/277 Wye A.I.C. Rating:22,000 Panel:1AHEM1 Notes: Total Est. Demand:4 A Total Conn.:3 A Total Est. Demand:2952 VA Total Conn. Load:2362 VA Lighting 2362 VA 125.00% 2952 VA Load Classification Connected Load Demand Factor Estimated Demand Panel Totals Legend: Total Amps:3 A 2 A 3 A Total Load:942 VA 635 VA 792 VA 29 Provision -- --0 0 -- -- Provision 30 27 Provision -- -- 0 0 -- -- Provision 28 25 Provision -- -- 0 0 -- -- Provision 26 23 Provision -- --0 0 -- -- Provision 24 21 Provision -- -- 0 0 -- -- Provision 22 19 Provision -- -- 0 0 -- -- Provision 20 17 Provision -- --0 0 -- -- Provision 18 15 Provision -- -- 0 0 -- -- Provision 16 13 Provision -- -- 0 0 -- -- Provision 14 11 Provision -- --0 0 -- -- Provision 12 9 Provision -- -- 0 0 -- -- Provision 10 7 Provision -- -- 0 0 -- -- Provision 8 5 Lighting 20 A 1 792 0 1 20 A Spare 6 3 Lighting 20 A 1 635 0 1 20 A Spare 4 1 Lighting, VEST V-142 20 A 1 942 0 1 20 A Spare 2 CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT Notes: Enclosure:Type 1 Mounting:Surface Wires:4 Mains Rating:125 A Supply From:1BHEMDP Phases:3 Mains Type:MLO Location:ELEC. ROOM 148B Volts:480/277 Wye A.I.C. Rating:22,000 Panel:1BHEM1 22 22 294 Project: Bozeman Public Safety Center CE No:108 Project # 19426 Revision #1 Change Source: RFI 228 Date:2/17/2022 Description:Infrastructure and Cabling for Motorized Shade Control Wiring Category Quantity Unit Unit Cost Contract Add Contingency 26A.2600 -$ -$ 1 sum 302.28$ 302.28$ -$ 11.43 hrs 61.00$ 697.23$ -$ 2.86 hrs 61.00$ 174.31$ -$ 10% 1,173.82$ 117.39$ -$ 5%1,291.21$ 64.57$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1 sum 4,156.06$ -$ 4,156.06$ 124.45 hrs 61.00$ -$ 7,591.45$ 31.11 hrs 61.00$ -$ 1,897.86$ 10% 13,645.37$ -$ 1,364.53$ 5%15,009.90$ -$ 750.49$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 1,355.78$ 15,760.39$ GC/CM Business Insurance 0.625%8.48$ 98.51$ CM Fee 3.2%43.66$ 507.49$ Bond 1.0% 14.08$ 163.67$ 1,422.00$ 16,530.06$ Change Estimate Report Power added for windows SF-1 and SF-4 not shown on electrical drawings. Low-voltage control wiring scope not shown on drawings and required post-bid coordination with shade installer, electrician and design team. DEDUCT FROM CONTINGENCY Control Wiring for Motorized Shades Materials Labor Hours Foreman Hours (25% of Labor Hrs) Subcontractor Overhead Subcontractor Markup TOTAL Foreman Hours (25% of Labor Hrs) Subcontractor Overhead Subcontractor Markup Labor Hours Description ADD Power Motorized Shades in Area A Materials 295 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #RFI228 Date:2/24/2022 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for RFI228 which involves changes to motorized shades zoning in areas A and D. Itemized Breakdown System Material($)Labor Hrs || A-111A 1,547.08 34.66 || A-111D 566.25 17.25 || A-112A 2,042.68 72.55 || ADDED POWER SHADES PER RFI228 302.28 11.43 Total 4,458.29 135.89 A-111A Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 336 134.12 C 450.64 4.00C 13.44 3/4" CONN SS STL - EMT 8 78.02 C 6.24 12.50C 1.00 3/4" COUPLING SS STL - EMT 41 79.80 C 32.72 5.00C 2.05 3/4" BUSHING - PLASTIC 11 27.66 C 3.04 2.50C 0.28 3/4" 1-H STRAP - RMC - STEEL 16 20.53 C 3.28 6.75C 1.08 3/4" 1-H STRAP - RMC - MALL 35 302.01 C 105.70 6.75C 2.36 GENERAL CABLE CAT6 - 4 PAIR, 23 AWG CMP 1,000 228.60 M 228.60 8.00M 8.00 4" SQ 2G PLSTR RING 5/8" RISE 1 9.73C 0.10 3.13C 0.03 3G CONCENTRIC KO BOX 1 13,417.13 C 134.17 32.50C 0.33 3G BOX DEVICE COVER 3/4" RISE 1 2,130.55 C 21.31 4.38C 0.04 BOX SUPPORT HOLD-ITS 15 365.56 C 54.83 10.00C 1.50 ORIGINAL 296 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #RFI228 Date:2/24/2022 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Description Qty Net Price U Total Mat.LaborU Total Hrs. P&S 1G GFCI DECORATOR PLATE - NYLON IVY 3 41.74 C 1.25 3.75C 0.11 CAT6 MODULAR KEYSTONE JACK 12 8.49E 101.88 0.33E 3.96 VOLTAGE DIVIDER 4 0.83E 3.32 0.12E 0.48 CORE DRILL 2 200.00 E 400.00 0.00E 0.00 Totals 1,486 1,547.09 34.66 A-111D Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 200 134.12 C 268.24 4.00C 8.00 3/4" CONN SS STL - EMT 4 78.02 C 3.12 12.50C 0.50 3/4" COUPLING SS STL - EMT 20 79.80 C 15.96 5.00C 1.00 3/4" BUSHING - PLASTIC 4 27.66 C 1.11 2.50C 0.10 3/4" 1-H STRAP - RMC - STEEL 6 20.53 C 1.23 6.75C 0.41 3/4" 1-H STRAP - RMC - MALL 20 302.01 C 60.40 6.75C 1.35 GENERAL CABLE CAT6 - 4 PAIR, 23 AWG CMP 375 228.60 M 85.72 8.00M 3.00 4x 2 1/8" SQ BOX COMB KO 1 181.37 C 1.81 28.75C 0.29 BOX SUPPORT HOLD-ITS 3 365.56 C 10.97 10.00C 0.30 P&S 1G GFCI DECORATOR PLATE - NYLON IVY 2 41.74 C 0.83 3.75C 0.07 CAT6 MODULAR KEYSTONE JACK 6 8.49E 50.94 0.33E 1.98 VOLTAGE DIVIDER 2 0.83E 1.66 0.12E 0.24 RED POWDER LOAD - 1 BOX 1 43.27 E 43.27 0.00E 0.00 RAMSET NAILS - 1 BOX 1 20.98 E 20.98 0.00E 0.00 Totals 645 566.25 17.24 A-112A Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 615 134.12 C 824.84 4.00C 24.60 3/4" CONN SS STL - EMT 20 78.02 C 15.60 12.50C 2.50 3/4" COUPLING SS STL - EMT 60 79.80 C 47.88 5.00C 3.00 3/4" BUSHING - PLASTIC 20 27.66 C 5.53 2.50C 0.50 3/4" 1-H STRAP - RMC - STEEL 83 20.53 C 17.04 6.75C 5.60 3/4" 1-H STRAP - RMC - MALL 46 302.01 C 138.92 6.75C 3.11 GENERAL CABLE CAT6 - 4 PAIR, 23 AWG CMP 1,790 228.60 M 409.19 8.00M 14.32 4x 2 1/8" SQ BOX COMB KO 4 181.37 C 7.25 28.75C 1.15 4" SQ 1G PLSTR RING 5/8" RISE 4 6.27C 0.25 3.13C 0.13 BOX SUPPORT HOLD-ITS 12 365.56 C 43.87 10.00C 1.20 3/8-16x 3 WEDGE ANCHOR - 1 1/2" MIN DEPTH 20 70.05 C 14.01 15.00C 3.00 CAT6 MODULAR KEYSTONE JACK 32 8.49E 271.68 0.33E 10.56 VOLTAGE DIVIDER 14 0.83E 11.62 0.12E 1.68 LMRJ S8 T TAP 10 23.50 E 235.00 0.12E 1.20 Totals 2,730 2,042.70 72.54 ADDED POWER SHADES PER RFI228 ORIGINAL 297 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #RFI228 Date:2/24/2022 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:3 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 85 134.12 C 114.00 4.00C 3.40 3/4" CONN SS STL - EMT 9 78.02 C 7.02 12.50C 1.13 3/4" COUPLING SS STL - EMT 14 79.80 C 11.17 5.00C 0.70 3/4" 1-H STRAP - RMC - STEEL 12 20.53 C 2.46 6.75C 0.81 3/4" 1-H STRAP - RMC - MALL 15 302.01 C 45.30 6.75C 1.01 #12 THHN SOLID BLACK 390 221.93 M 86.55 6.75M 2.63 4x 2 1/8" SQ BOX COMB KO 3 181.37 C 5.44 28.75C 0.86 4" SQ BLANK COVER 3 36.77 C 1.10 3.13C 0.09 BOX SUPPORT HOLD-ITS 8 365.56 C 29.24 10.00C 0.80 Totals 539 302.30 11.44 Summary General Materials 4,458.34 Material Total 4,458.34 JOURNEYMAN (135.88 Hrs @ $61.00) 8,288.68 FOREMAN @ 25%(33.97 Hrs @ $61.00) 2,072.17 Subtotal 14,819.19 Overhead (@ 10.000 %) 1,481.92 Markup (@ 5.000 %) 815.06 Subtotal 17,116.17 Final Amount $17,116.17 ORIGINAL 298 Project: Bozeman Public Safety Center CE No:110 Project # 19426 Revision #1 Change Source: Bid Package 12B Date:2/17/2022 Description:Contract Revised Scope for Stainless Steel Countertops, Shelving and Wall Panels Category Quantity Unit Unit Cost Contract Add Contingency 12B.1210 1 sum 20,155.00$ 20,155.00$ -$ 06B.0640 1 sum 17,071.00$ 17,071.00$ -$ 06A.0611 1 sum 3,957.57$ 3,957.57$ -$ 06A.0611 1 sum 1,371.43$ 1,371.43$ -$ -$ -$ -$ 06A.0610 In Wall Blocking 1 sum 100.00$ 100.00$ -$ 06B.0640 Support Brackets 1 sum 202.00$ 202.00$ -$ 06B.0640 1 sum 1,293.00$ 1,293.00$ -$ 12B.1210 1 sum 1,475.00$ 1,475.00$ -$ -$ -$ -$ -$ 12B.1210 (1) sum 20,000.00$ (20,000.00)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 24,253.57$ 1,371.43$ GC/CM Business Insurance 0.625%151.59$ 8.58$ CM Fee 3.2%780.97$ 44.17$ Bond 1.0% 251.87$ 14.25$ 25,438.00$ 1,438.43$ Additional Length Armory Countertop Above Counter Shelving Description ADD Skyline Stainless Supply and Install TMI PLAM and Butcher Block FRP and Inpro Colored Wall Panels FRP at Mop Sinks PR 24 DEDUCT Starting Allowance TOTAL Change Estimate Report See attached location schedule which documents material changes that resulted from architect and contractor VE effort for this scope. Contract documents called for stainless steel wall panels at mop sinks per TA-27 note on floor plans and specification 10 28 00 as well as calling for FRP at mop sinks per finish plans A-104x. GMP accounted for stainless steel panels via the Bid Package 12B allowance, and did not include FRP at mop sinks. Contractor agrees to cover cost of mop sink FRP using construction contingency. Revision 2 includes pricing for PR 24 Armory Countertop Extension 299 Subject Label Page Label Room NumberSkyline Stainless (Mat'l Only)Skyline Stainless (with Install) TMI Systems (PLAM) FRP Inpro VE Package TotalT1 VE Comments / SuggestionsStainless Steel Casework SST Countertop A-452 Armory 124 $1,475.00 $1,825.00$1,825.00 SSTStainless Steel Casework SST Countertop A-452 Equip. 110J $8,590.00$0.00$0.00 HPL w/3mm PVC Edge DetailStainless Steel Casework SST Countertop A-452 Equip. 110J Priced w/above$0.00$0.00 HPL w/3mm PVC Edge DetailStainless Steel Casework SST Countertop A-453 Decont. 154B $3,500.00 S-1 Fixture by CPH$0.00 S-1 Plumbing FixtureStainless Steel Casework SST Countertop A-453 Sallyport 140B $1,450.00$0.00$0.00 HPL w/3mm PVC Edge DetailStainless Steel Casework SST Countertop A-453 Sallyport 140 $2,340.00$0.00$0.00 HPL w/3mm PVC Edge DetailStainless Steel Casework SST Countertop A-453 Monitor 130 $5,200.00$0.00$0.00 HPL w/3mm PVC Edge DetailStainless Steel Casework SST Countertop A-453 Monitor 130 Priced w/above$0.00$0.00 HPL w/3mm PVC Edge DetailStainless Steel Casework SST Countertop A-453 FD Work 156 $2,200.00$0.00$0.00 Butcher Block or other Garage Workbench materialStainless Steel Casework SST Countertop A-454 Evidence142 $4,675.00 $5,625.00$5,625.00 Stainless or EpoxyStainless Steel Casework SST Countertop A-454 Evidence142 $825.00 $1,600.00$1,600.00 Stainless or EpoxyStainless Steel Casework SST Countertop A-454 Bag/Tag 142A $2,320.00 $2,670.00$2,670.00 Stainless or EpoxyStainless Steel Casework SST Countertop A-454 Bag/Tag 142A $1,080.00 $1,330.00$1,330.00 Stainless or EpoxyStainless Steel Casework SST Countertop A-454 Evidence142 $825.00 $1,600.00$1,600.00 Stainless or EpoxyStainless Steel Casework SST Countertop A-455 EMS 160D $2,900.00$0.00$0.00 HPL w/3mm PVC Edge DetailStainless Steel Casework SST Shelving A-453 FD Work 156$740.00$0.00$0.00 HPL w/3mm PVC Edge DetailStainless Steel Casework SST Shelving A-453 Bike Storage 140B $415.00$0.00$0.00 HPL w/3mm PVC Edge DetailStainless Steel Casework SST Shelving A-453 Bike Storage 140B $415.00$0.00$0.00 HPL w/3mm PVC Edge DetailStainless Steel Casework SST Shelving A-453 FD Work 156$740.00$0.00$0.00 HPL w/3mm PVC Edge DetailStainless Steel Casework SST Shelving A-453 FD Work 156$740.00$0.00$0.00 HPL w/3mm PVC Edge DetailStainless Steel Casework SST Shelving A-453 SRT 140A $730.00$0.00$0.00 HPL w/3mm PVC Edge DetailStainless Steel Casework SST Shelving A-453 SRT 140A $730.00$0.00$0.00 HPL w/3mm PVC Edge DetailStainless Steel Casework SST Shelving A-453 SRT 140A $730.00$0.00$0.00 HPL w/3mm PVC Edge DetailStainless Steel Casework SST Shelving A-455 EMS 160D $800.00$0.00$0.00 HPL w/3mm PVC Edge DetailStainless Steel Casework SST Shelving A-455 EMS 160D $800.00$0.00$0.00 HPL w/3mm PVC Edge DetailStainless Steel Casework SST Shelving A-455 EMS 160D $800.00 $17,071.00$17,071.00 HPL w/3mm PVC Edge DetailStainless Steel Wall Panels SSTW-1 A-434 Corridor 125 C-125 $3,625.00$2,213.31 $2,213.31 SST/Acrovyn/Inpro Stainless Steel Wall Panels SSTW-1 A-434 Corridor 125 C-125 Priced w/above$49.02 $49.02 SST/Acrovyn/Inpro Stainless Steel Wall Panels SSTW-1 A-434 Corridor 125 C-125 Priced w/above$303.92 $303.92 SST/Acrovyn/Inpro Stainless Steel Wall Panels SSTW-1 A-437 Vehicle Exam 144 $4,995.00$1,028.57 $1,028.57 Smooth FRPStainless Steel Wall Panels SSTW-1 A-455 Air Lock V-170$2,965.00 $3,450.00$3,450.00 SSTStainless Steel Wall Panels SSTW-1 A-455 Air Lock V-160$1,740.00 $2,055.00$2,055.00 SSTStainless Steel Wall Panels SSTW-1 A-461 Corridor 120 C-120 $1,935.00$362.75 $362.75 SST/Acrovyn/Inpro Stainless Steel Splash Guards TA-27 A-101a Cust 108 108$800.00$342.86$342.86 SST Splash Guard or Smooth FRPStainless Steel Splash Guards TA-27 A-101b Cust 127 127$800.00$342.86$342.86 SST Splash Guard or Smooth FRPStainless Steel Splash Guards TA-27 A-101d Cust 171 171$800.00$342.86$342.86 SST Splash Guard or Smooth FRPStainless Steel Splash Guards TA-27 A-102b Cust 273 273$800.00$342.86$342.86 SST Splash Guard or Smooth FRP$63,480.00 $20,155.00 $17,071.00 $2,400.00 $2,929.00$42,555.00Original Skyline Stainless Quote (no install) for Same Scope $19,405.00 $30,320.00 $8,195.00 $5,560.00 $63,480.00SAVINGS$750.00($13,249.00)($5,795.00)($2,631.00)($20,925.00)*now includes install300 TMI Storage Systems Corporation 50 South Third Avenue West Dickinson, ND 58601 Ph: 701-456-6716 Fax: 701-456-6369 http://www.tmisystems.com Tuesday, May 25, 2021 Langlas & Associates Inc. Attn: Mark Dehn 1019 East Main Street, Suite 101 Bozeman, MT 59715 RE: Bozeman Public Safety Center Subject: PR 24 Mark, The cost to provide and install (3) additional support brackets for the extended stainless steel top(by others) in Rm. 124 per PR 24 is as follows: $112.00 – material/freight $90.00 – labor $202.00 TOTAL Please confirm proposed costs are approved in order to proceed with incorporating changes. If you have any questions or need additional information, please call me at 701-456-6391, facsimile at 701-456-6369 or e-mail bryan.volesky@tmisystems.com Sincerely, TMI STORAGE SYSTEMS CORPORATION Bryan Volesky Bryan Volesky Project Manager 301 TMI SYSTEMS CORPORATION 50 South Third Avenue West Dickinson, ND 58601-5579 (701) 456-6716 | (800) 456-6716 www.tmisystems.com TMI Cares Thursday, February 10, 2022 Langlas & Associates Inc. Attn: Elizabeth Oliver 1019 East Main Street, Suite 101 Bozeman, MT 59715 RE: Bozeman Public Safety Ctr. Subject: added PL shelving Armory 124 Elizabeth, The cost to provide the additional PL shelving and KV hardware for Armory 124 west wall per the following: $868.00 – material/freight add $425.00 – labor add $1,293.00 TOTAL ADD Please confirm proposed add is approved in order to proceed with incorporating changes. If you have any questions or need additional information, please call me at 701-456-6391, facsimile at 701-456-6369 or e-mail bryan.volesky@tmisystems.com Sincerely, TMI SYSTEMS CORPORATION Bryan Volesky Bryan Volesky Project Manager 302 1 Elizabeth Oliver From:ss <ss@aircontrols.com> Sent:Monday, February 14, 2022 9:53 AM To:Elizabeth Oliver Subject:RE: BPSC - Stainless Steel Wall Panels Categories:Bozeman Safety Center Hi Beth, The additional price for the counter top in the Armory will be $1,475.00 ( welded and polished seam) The s/s wall shelves without the standards and brackets 12” deep x16’3” with mechanical butt seam would be 975.00 ea. Thanks, Kevin Walter Skyline Stainless 2115 2nd. Ave N. Billings, MT. P- 406-245-6416 F- 406-245-3479 ss@aircontrols.com 303 Change Estimate Report Project: Bozeman Public Safety Center CE No:111 Project # 19426 Revision # Change Source: RFI TBD Date:2/2/2022 Description:Delete West Daylighting Tube in Room 230 Category Quantity Unit Unit Cost Total -$ (1)sum 1,300.00$ (1,300.00)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL (1,300.00)$ GC/CM Business Insurance 0.625%(8.13)$ CM Fee 3.2%(41.87)$ Bond 1.0% (13.50)$ (1,363.50)$ Due to large duct in the above ceiling space conflicting with the proposed location of the daylighting tube, the contracting team offers the credit below to eliminate the daylighting tube. Description DEDUCT West Daylight Tube TOTAL 304 B B B BB B B B B B B B B W W W W W W W W W W W WBBB B B B BB B B B B B B B B B B W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W WWW W WW W W W W W W W A A A A A A A A A A A A A M M M W W W W W W W W M M B W B AA A A MMM A A A A WORK NOTES 260 1A-210 1 A-210 3A-210 3A-210 2A-210 2A-210 4 A-210 4 A-210 B.1A.15A.14A.13A.12A.11A.10A.4A.3 A.9A.1 1.3 1.4 1.6 1.12 1.15 1.15 1.16 1.16 1.2 A.8A.7A.6A.5 1.9 1.17 1.13 1.11 1.8 1.10 1.14 1.7 1.5 AREA AAREA B11' - 11 3/8" GB 9' - 6" APC-1 9' - 6" APC-1 9' - 0" WDC-1 9' - 6" APC-17' - 2" WDC-1 9' - 0" APC-1 9' - 0" WDC-1 10' - 0" APC-3 10' - 0" APC-3 10' - 0" APC-3 10' - 0" APC-3 10' - 0" APC-3 8' - 6" GB 9' - 0" APC-3 9' - 6" APC-2 9' - 0" APC-2 9' - 6" APC-3 9' - 0" APC-3 9' - 6" APC-3 9' - 6" APC-3 9' - 6" APC-3 9' - 6" APC-3 9' - 6" APC-3 9' - 6" APC-3 9' - 6" APC-3 9' - 6" APC-3 9' - 6" APC-3 9' - 6" APC-3 9' - 6" APC-3 9' - 6" APC-3 8' - 6" APC-3 8' - 6" APC-3 10' - 0" APC-2 9' - 8" APC-2 8' - 6" GB 8' - 6" GB 8' - 0" GB 8' - 0" GB 8' - 0" GB 10' - 0" APC-3 10' - 0" APC-3 10' - 0" APC-3 10' - 0" APC-3 10' - 0" APC-3 10' - 0" APC-3 9' - 4" APC-5 8' - 0" GB 9' - 8" GB 7' - 2" GB7' - 2 3/4" GB 8' - 0" GB 10' - 0" APC-5 9' - 8" GB 11' - 11 3/8" GB 1 A-612 3 A-612 WDC-1 8' - 8" GB 7' - 2" GB 8' - 8" GB 7' - 2" GB 8' - 0" GB 8' - 0" GB 8' - 0" GB 8' - 6" APC-2 8' - 0" GB 10' - 6" APC-2 9' - 8" GB 9' - 8" GB 9' - 8" GB 9' - 0" GB9' - 4" APC-2 9' - 4" APC-2 9' - 4" APC-2 9' - 4" APC-2 8' - 6" APC-2 SA1 102 102 1221 1221 1221 1221 1221 122112211221122112211221122112211221 9' - 0" APC-2 9' - 0" APC-2 802802802802 19' - 6" GB 19' - 6" GB 19' - 6" GB 9' - 8" GB 9' - 4" APC-2 12 A-706 12 A-706 12 A-706 GB 10' - 0" APC-3 GB 7 A-706 TYP 911 911 TYP 9' - 0" WDC-1 9' - 0" WDC-1 9' - 0" WDC-1 9' - 0" WDC-1 521 TYP MPC-1 260B260A250B 250A240B 240A 235 V-260V-240 217 219 221 223215 205 203 207 209 C-210 200C 200B 202 211 200 240 250 RR-201 241 RR-240 271 RR-260 RR-239 RR-241 239 RR-246 RR-266 RR-230A RR-235A 249 RR-247 RR-249 247243 250D 260D 240C 260C 201 232 213 245 200A 237 251 C-240 RR-251 RR-253 V-250 260E250E 240D C-200 C-220 S-206 EL-102 EL-106 EL-240 EL-260 S-202 251AAPC-3 819 9' - 6" APC-1 9' - 0" APC-2 1.1 A.2 2616 2616 2616 2616 WDC-2 26012303 TYP WDC-2 APC-2 26012303 26012303 TYPTYP TYP TYP TYP TYP 2A-612 3 A-611 2 A-611 1 A-611 4 A-613 1 A-613 1A-614 2104 2104 2104 2104 722722 EJI-4 EJE-3 EJI-4 EJI-3 EJI-4 EJI-3 722722 1268 1268 1268 1267 TYP @ OFFICES 1267 12671267126712671267126712671267TYP @ OFFICES1267 2 A-704 13 A-706 13 A-7062 A-704 7' - 2" GB 10' - 0" WDC-1C-200 26202620 2620 2620 2620 2620 2620 242 TYP 230 5' - 5 3/8"47' - 1 1/2"1267 1267 1' - 4"2' - 0"12 A-706 14' - 4 3/4" HIGH PT 10' - 0" LOW PT SLOPE UP 5 A-706 13' - 11 1/2" 19' - 5" 12 A-706 10 A-707 13' - 11 1/2" 19' - 5" 18' - 5 1/2" 7 A-703 2' - 0"2' - 0" B BBB B B WW PNT-2 AT EXPOSED STEEL, MEP & FIRE PIPING TYP PNT-1 AT EXPOSED STEEL DECK, TYP UON 11' - 11 3/8" GB 2' - 8 7/8" 1 A-706 SLOPESLOPESLOPESLOPESLOPESLOPEB B B B 2 A-706 3 A-706 LOW POINT8' - 10" TO RECESS4'-0" TO6'-0" TYP 4'-0" TYP 6'-0" TYP 4'-0" TYP 6'-0" TYP 7 A-706 8 A-706 8 A-706 8 A-706 8 A-706 8 A-706 8 A-706 8 A-706 8 A-706 8 A-706 4 A-706 7 A-706 7 A-706 7 A-706 7 A-706 12 A-706 8 A-706 8 A-706 8 A-706 8 A-706 7 A-6382' - 6"EQ EQ 8' - 0"5' - 0" 5' - 0"5' - 0" 5' - 0"8' - 0"EQ EQ 5' - 0" 8' - 0"8' - 0" 5' - 0" 5' - 0" 8' - 0" 5' - 0" 8' - 0"3' - 9"5' - 0"5' - 0"4' - 6"19' - 6" GB 19' - 6" GB 19' - 6" GB EQ EQEQ EQEQ EQEQ EQ EQ EQ EQ EQ EQ TYP EQ TYP 4' - 10" TYP4' - 10" TYP EQ TYP12' - 0" TYP12' - 0" TYP12' - 0" TYPEQ TYP7' - 6" GB 8 A-706 EQ EQ EQ EQ 3' - 10 3/4" 3' - 11 3/8"3' - 11 1/8" 3' - 10 1/2"EQ EQEQEQEQ EQ EQ EQ EQ 7' - 0" EQ EQ TYPEQ TYPEQ EQEQ EQ EQ EQEQ EQ EQ EQ 2' - 0" 2' - 0" 3' - 0" 6' - 6"EQ EQ EQ EQ EQ 4' - 6" EQ 2616 EQ EQEQEQPNT-2 PNT-2 10 A-706 10 A-706 SIM 10 A-706 SIM10 A-706 5' - 4"6' - 6"4' - 6"5' - 0" 5' - 0"1' - 3"EQEQEQ EQ EQ 4' - 0" EQ EQ 5' - 0" EQ EQ EQ EQ EQ EQ EQ2' - 0"EQ 5' - 0" 5' - 0" EQ 1' - 4"1' - 4" EQ TYP EQ 2' - 3" TYP5' - 0" TYP1' - 8"1' - 10"3' - 5 3/4" TYPA-638 8 518 PNT-2 TYP 6 A-707 TYP CL4' - 10" CL 4' - 10" CLCL CL EQ.EQ.CLEQEQCLCL 8' - 0"5' - 7"CLCL 8' - 0"CLCL1' - 6"4' - 0"924 5 A-707 5 A-707 5 A-707 SIM 7 A-707 8 A-707 8 A-707 9 A-707 TYP AT LOBBY TYP EQ TYP 4' - 0" EQ EQ6' - 0"EQ4' - 10" 2' - 0" 115 1' - 4" 4' - 6"5' - 0" EQ EQ 9 1/2"1' - 6" 1' - 4"2' - 6" 2' - 2" 2620 925 9' - 8" GB 7 A-706 SIM 9' - 0" APC-2 9' - 0" APC-2 9' - 0" APC-2 9' - 0" APC-2 9' - 0" APC-2 9' - 0" APC-2 9' - 0" APC-2 ASI 42 ASI 42 LEGENDGENERAL NOTES LAY-IN OR SURFACE MOUNTED FIXTURE APC-1 ACOUSTICAL PANEL CEILING TYPE 1 -2' x 4' 1. CENTER PANEL PATTERN IN ROOM UON. 2. ALL STRUCTURE EXPOSED TO VIEW, INCLUDING DECKING, TO BE PAINTED PNT-1 UON 3. ALL MECHANICAL EQUIPMENT EXPOSED TO VIEW IS TO REMAIN UNPAINTED UON. 4. LIGHT FIXTURE LOCATIONS DETERMINED BY ARCH RCP DRAWINGS. LIGHTING FIXTURE QUANTITY AND TYPE PER ELECTRICAL. RE: ELECTRICAL DWGS FOR LUMINARE SCHEDULE 5. PROVIDE CONTROL JOINTS IN GB BULKHEADS MINIMUM ALIGNED WITH DOOR AND WALL OPENING JAMBS, AND AT GRIDLINES AS NOTED, RE: ARCH INTERIOR ELEVATIONS 6. PROVIDE SPRINKLER PROTECTION IN VERTICALLY STEPPED CEILINGS, RE: FP DWGS 7. SPRINKLER HEAD LOCATIONS SHOWN FOR CRITICAL ALIGNMENT W/ FIXTURES AND DEVICES AND FINAL HEAD LOCATIONS. NOT ALL SPRINKLER HEAD LOCATIONS ARE SHOWN, REFERE TO FIRE PROTECTION DRAWINGS FOR ALL OTHER INFO AND REQUIRED COVERAGE / SPACING MANUALLY OPERATED ROLLER SHADE (ALTERNATE UON) XX-X ROLLER SHADE SCHEDULE (CONTRACTOR TO PROVIDE REQUIRED BLOCKING) -PROVIDE MOTOR OPERATED = BASE BID -MANUAL ROLLER SHADE = ALTERNATE (UON) 1267 TOP OF PARTITION TERMINATIONS (RE: CODE PLANS FOR MOR INFO ON RATING) ONE HOUR RATE ASSEMBLY TWO HOUR RATED ASSEMBLY 1/2 HOUR RATED ASSEMBLY TERMINATE JUST ABOVE CEILING WALLS THAT EXTEND TO DECK C APC-2 ACOUSTICAL PANEL CEILING TYPE 2 -2' x 4' APC-3 ACOUSTICAL PANEL CEILING TYPE 3 -2' x 2' APC-4 MOISTURE / MOLD RESISTANT ACOUSTICAL PANEL CEILING TYPE 4 -2' x 2' APC-5 ACOUSTICAL PANELS ADHERED TO FRAME CEILING WITH PLYWOOD SHEATHING TYPE 5 -2' x 2' GB SUSPENDED GYPSUM BOARD CEILING (PAINT PNT-1 UON) EXP EXPOSED DECKING, GALV. AND FACTORY PRIMED PNT-1 FINISH UON WDC-1 LINEAR WOOD CEILING WDC-2 ACOUSTIC WOOD CEILING MPC-1 ALUMINUM (WOOD LOOK) SOFFIT (EXTERIOR) MPC-2 FORMED METAL PANEL SOFFIT HSW HORIZONTAL SHAFT WALL PNT-X SUSPENDED GYPSUM BOARD CEILING, W/ ACCENT PAINT (RE: FINISH LEGEND FOR PAINT TYPE) SUSPENDED FIXTURE, 8FT AFF, UON WALL MOUNTED FIXTURE RECESSED LINEAR LIGHTING WALL MOUNTED VANDAL RESISTANT LIGHT FIXTURE VANDAL RESISTANT LIGHT FIXTURE SURFACE MOUNT OR CHAIN HUNG LINEAR FIXTURE RECESSED UPLIGHTING RECESSED OR SURFACE MOUNTED DOWNLIGHT WALL MOUNT LIGHT FIXTURE LED HIGH BAY FIXTURE HIGH BAY LED FIXTURE, ALIGN WITH BOTTOM OF ROOF FRAMING MEMBERS UON EXTERIOR SOFFIT ASSEMBLY TYPE RE: A-601 EXIT SIGN MECHANICAL RETURN MECHANICAL SUPPLY LINEAR SLOT DIFFUSER W B SPRINKLER HEAD (white cover) SPRINKLER HEAD (cover, color 2) SPRINKLER HEAD (recessed no cover) OUTLET, CEILING MOUNTED CAMERA, CEILING MOUNTED DATA/TEL/POWER, CEILING MOUNTED OCCUPANCY SENSOR, CEILING MOUNTED o MOTOR OPERATED ROLLER SHADE, AUTOMATIC TIMER CONTROLLED (BASE BID) 1221 DUAL MANUALLY OPERATED ROLLER SHADE W/ BLACKOUT FABRIC (ALTERNATE UON) 1266 DUAL MOTOR OPERATED ROLLER SHADE, AUTOMATIC TIMER CONTROLLED, W/ BLACKOUT FABRIC (BASE BID) 1268 PNT-X WT-1 WT-2 WT-3 WT-4 WILLIAM A. HANSON 1898 FOETATS MONT A NAEMANZOB TA N ANOM A R C H IT ECTDESNECIL Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project Number Acoustical Engineer TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 Langlas & Associates, Inc. 1019 E Main Street, Suite 101 Bozeman, MT 59715 T: 406-585-3420 General Contractor City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 901 N. ROUSE AVE. & 300 E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR CONSTRUCTION AUGUST 14, 2020 ISSUE FOR BID JUNE 04, 2020 ADDENDUM 01 JULY 01, 2020 ADDENDUM 03 JULY 07, 2020 ADDENDUM 04 JULY 27, 2020 ADDENDUM 05 AUGUST 7, 2020 ASI 016 OCTOBER 9, 2020 3/5/2021 9:26:57 AMA-112a RCP - LEVEL 02 - AREA A 1825 DJ SH JT BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN 4' 16'2' 8' 1/8" = 1'-0" RCP - LEVEL 02 - AREA A TRUE NORTH2601 COVE LIGHTING - RE: ELECTRICAL 2616 UNDER COUNTER LIGHTING, RE: ELECTRICAL 2620 WALL MOUNTED LINEAR LIGHT FIXTURE, UP/DOWN LIGHTING, RE: ELECTRICAL 102 UNFINISHED / SHELLED SPACE, OMIT GB FINISH, CEILING AND FLOOR FINISH 115 FUTURE COURTROOM, PROVIDE PAINTED DRYWALL FINISH AND CONTROL JOINTS AS DRAWN ON A-417. PROVIDE CEILINGS AS INDICATED ON RCPS AND PROVIDE FLOOR FINISH AS INDICATED ON FINISH PLANS. OMIT MILLWORK, RAISED JUDGE AND JURY PLATFORMS, AND ACOUSTIC PANELS” 518 EXPOSED STRUCTURAL BEAM 521 EXPOSED STRUCTURAL FRAMING 722 FULL BUILDING EXPANSION JOINT, RE: EXPANSION JOINT SCHEDULE ON A-501 802 MOTORIZED COILING DOOR, OVERHEAD 819 ALTERNATE: TUBULAR DAYLIGHTING DEVICE, 21" 911 GYPSUM BOARD CEILING WITH PLYWOOD BACKING 924 SOLID WOOD EDGE CEILINGS SOLID WOOD EDGE AT APEX OF LINEAR WOOD AND ACOUSTIC WOOD CEILINGS 925 TERMINATE GB CEILING AT EXTERIOR AND INT WALLS TO ENSURE ATMOSPHERIC SEPARATION BETWEEN LEVEL 2 AND LEVEL 3, RE: WALL SECTIONS AND ENLARGED STAIR 2 SHEET A-402. 1221 AUTOMATIC TIMER CONTROLLED ROLLER SHADE 1267 MANUAL ROLLER SHADE, INSTALL IN ROUGH OPENING UON 1268 DUAL MOTOR OPERATED ROLLER SHADE, AUTOMATIC TIMER CONTROLLED, W/ BLACKOUT FABRIC 2104 PROVIDE ABUSE RESISTANT AND SUICIDE RESISTANT TYPE SPRINKLER HEAD(S), LIGHT FIXTURES AND DIFFUSERS IN ROOM 2303 LINEAR SLOT DIFFUSER OR RETURN, RE: MECH AREA A AREA B AREA C AREA D FD FD FD FD FD FD FD FD 36"x18" 14"ø VAV 3-2 CD-10 250 CFM CD-8 200 CFM CD-8 200 CFM CD-6 150 CFM CD-6 100 CFM CD-8 150 CFM CD-8 200 CFM VAV 3-1 CD-8 200 CFM EG-3 100 CFM CD-8 200 CFM CD-8 200 CFM CD-8 200 CFM VAV 3-6 CD-10 225 CFM CD-10 250 CFM CD-10 250 CFM VAV 3-4 CD-8 200 CFM CD-8 200 CFM CD-8 200 CFM VAV 3-5 CD-8 200 CFM CD-10 250 CFM VAV 3-7 A.15 A.15 A.14 A.14A.13 A.13A.12 A.12 A.11 A.11 A.10 A.10A.4 A.4A.3 A.3 A.9 A.9A.1 A.1 1.3 1.3 1.4 1.6 1.12 1.15 1.15 1.16 1.16 A.8 A.8 A.7 A.7 A.6 A.6 A.5 A.5 1.9 1.17 1.13 1.11 1.8 1.10 1.14 1.7 1.5 CD-8 200 CFM CD-8 150 CFM CD-8 150 CFM VAV 3-10 CD-8 200 CFM CD-8 200 CFM CD-8 200 CFM CD-8 200 CFM VAV 3-12 CD-8 200 CFM CD-8 200 CFM VAV 3-14 CD-8 200 CFM CD-8 200 CFM VAV 3-15 CD-8 100 CFM CD-8 100 CFMCD-8100 CFMCD-8100 CFMCD-8100 CFMVAV3-9EG-3 100 CFM EG-3 100 CFM CD-8 100 CFM CD-8 100 CFM CD-8 125 CFM CD-8 125 CFM VAV 3-8 CD-8 125 CFM CD-8 200 CFM CD-8 125 CFM VAV 3-13 EG-10 250 CFM CD-8 200 CFM CD-2 75 CFM CD-8 100 CFM VAV 3-22 CD-2 75 CFM CD-8 200 CFM CD-8 100 CFM CD-8 200 CFM VAV 3-23 CD-2 75 CFM CD-8 100 CFM CD-10 300 CFM CD-10 300 CFM CD-8 150 CFM CD-8 150 CFM VAV 3-17 LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM RG-8 180 CFM RG-8 180 CFM RG-8 180 CFM RG-8 225 CFM RG-8 135 CFM RG-10 225 CFM RG-10210 CFMRG-10 210 CFM RG-10 210 CFM RG-8 180 CFM RG-3 65 CFM RG-12 405 CFM RG-8 180 CFM RG-8 180 CFM RG-12 450 CFM RG-8 180 CFM RG-8 180 CFM RG-8 180 CFMRG-8180 CFMRG-8180 CFMRG-10 180 CFM RG-8 135 CFM RG-10 360 CFM RG-8 135 CFM RG-10 225 CFM RG-10 270 CFMRG-8 180 CFM RG-10 360 CFM RG-8 180 CFM RG-10 360 CFM RG-8 180 CFM RG-10 360 CFM RG-10 270 CFM CD-10 225 CFM VAV 3-11 VAV 3-16 CD-8 200 CFM RG-10 360 CFM CD-8 200 CFM RG-10 280 CFM LSG-1 200 CFM VAV 3-20 VAV 3-21 VAV 3-19 VAV 3-18 VAV 3-3 SRG-1 120 CFM 1.11.1 A.2 A.2 EF 2 EF 2 EF 2 EF 2 EF 2 EF 2 LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM LSG-1 200 CFM LSG-1 300 CFMLSG-1 300 CFM LSG-1 300 CFM LSG-1 300 CFM LSG-1 300 CFM LSG-1 200 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM /1M-102B/1M-102B/1M-102BRG-8 90 CFMRG-8 180 CFM RG-8 180 CFM RG-8 90 CFM RG-8 90 CFM LSG-1 300 CFM LSG-1 260 CFM LSG-1260 CFMLSG-1 260 CFM LSG-1260 CFMLSG-1 260 CFM LSG-1 260 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM SRG-1 120 CFM 22"x18"22"x18" 10"ø 18"ø8"ø16"ø10"ø 10"x10"10"ø10"x10"10"ø 8"ø8"ø 8"ø10"ø 12"ø 14"ø 8"ø10"ø10"ø12"ø8"ø8"ø8"ø 8"ø8"ø16"ø 10"ø10"ø 12"ø18"ø8"ø 10"ø 12"ø 10"ø14"ø8"ø 10"ø 10"ø46"x26"42"x28"46"x26"54"x28"54"x28"60"x28"12"ø8"ø 8"ø 8"ø 10"ø8"ø20"ø8"ø 10"ø10"ø12"ø8"ø 8"ø 8"ø 8"ø 22"ø 24"x18" 8"ø 10"ø12"ø8"ø8"ø12"ø14"ø10"ø8"ø 6"ø8"ø30"x18"10"ø10"ø10"ø10"ø10"ø14"ø8"ø 10"ø12"ø8"ø 10"ø 8"ø 8"ø10"ø12"x6"8"ø 14"x12"6"x6"6"x6"10"x6"54"x28"60"x28"59"x30" 54"x28"74"x22"30"x59"8"ø10"ø24"x18"8"ø12"ø8"ø 8"ø 8"ø 8"ø10"ø12"ø 10"ø14"ø 16"ø 8"ø8"ø 8"ø6"ø6"ø10"x10"10"ø28"x18" 12"x5"12"x5"12"x5"10"ø8"ø16"ø8"ø12"ø8"ø 8"ø 10"ø 10"x6"10"ø 8 "ø 10"x6" 44"x22" 14"x14" 10"x16" 14"x13" 18"x14" 16"x14" 14"x14"16"x12" 14"x12"8"ø8"ø10"x10"8"ø8"ø10"ø10"ø10"ø10"ø14"x12" 10"ø 10"ø10"ø 14"x12" 10"ø 10"x10"10"x10" 14"x14" 12"x10" 8"ø 8"ø16"x10" 32"x18" 8"ø 8"ø 10"x10"8"ø8"ø10"x8"8"ø8"ø10"ø10"ø10"ø8"ø10"x10"8"ø 8"ø10"ø18"ø 22"ø 8"ø10"ø10"x10"10"ø10"ø8"ø8"ø 10"x10"8"ø6"ø6"ø22"ø 10"ø8"ø 8"ø 14"ø 22"ø10"x8"10"ø8"ø10"x10" 24"x14" 8"ø 10"x10" 26"x10"8"ø8"ø6"ø6"ø 10"ø8"ø 14"x12"8"ø18"x10"8"ø8"ø8"ø8"ø8"ø8"ø16"x10"12"x10" 10"x10" 8"ø 8"ø 8"ø 6"ø 8"ø 10"x10"8"ø22"x14" 16"x10"8"ø10"ø14"x14" 18"x14"16"x14"8"ø8"ø6"ø16"x14" 26"x10" 22"x10" 10"ø 10"x10"8"ø6"ø24"x14" 18"x10"8"ø8"ø8"ø 14"x14" 24"x14"26"x14"10"ø14"ø 8"ø10"ø 36"x18" 1 10"ø 8"x4"8"x4"2 2 22 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 3 4 5 5 5 6 6 6 6 6 6 6 6 6 6 6 6 7 7 8 8 8 FUTURE COURTROOM 260 COURT CONF 260BHOTEL OFFICE 260A COURT CONF 250B COURT CONF 250A COURT CONF 240B COURT CONF 240A COURTS CLERKS 235 VEST V-260VEST V-240 OFFICE 217 OFFICE 219 OFFICE 221 OFFICE 223 OFFICE 215 OFFICE 205 OFFICE 203 BREAK ROOM 207 OFFICE 209 CORRIDORC-210INTERVIEW 200C KIDS PLAY 200B CONFERENCE 202 OFFICE 211 RECEPTION200COURT ROOM A 240 COURT ROOM B 250 RR RR-201 JURY DELIBERATION 241 RR (SECURE) RR-240 RR RR-239 RR RR-241 JUDGE'S CHAMBERS 239 WOMEN'S RR RR-246 RR RR-230A RR RR-235A JURY DELIBERATION 249 RR RR-247 RR RR-249 JUDGE'S CHAMBERS 247 BALIFF 243 AV 250D STORAGE 260D SECURE 240C OFFICE 201 WAITING 232 OFFICE 213 OFFICE 245 INTERVIEW 200A OFFICE 237 SHELLED SPACE 251 CORRIDOR C-240 RR (FUTURE) RR-251 RR RR-253 SAFE 242 VEST V-250 AV 260E STORAGE 250E AV 240D CORRIDOR C-200 ATT. CLERKS 230 CORRIDOR C-220 STAIR 2 S-206 ELEV. 1 EL-102 ELEV. 2 EL-106 ELEV. 3 EL-240 STAIR 1 S-202 BREAK ROOM 251A STOR 200D FUTURE COURTROOM 260 CD-3 90 CFMCD-3 90 CFM CD-3 90 CFM F.D. F.D. 9 9 9 9 9 9 F.D.F.D. F.D.F.D.F.D. 9 F.D. 9 10 10 10 10 1010 10 101010 11 11 11 12 12 13 6"ø6"øSSG-8 100 CFM SSG-8 150 CFM SSG-8 150 CFM 12"x6" 12"x6" 14 14 14 14 15 14 RG-3 65 CFM 14 RG-3 65 CFM 14 14 14 14 14 10"ø 8 8 12"x5"12"x5"12"x5"12"x5"12"x5"12"x5" 12"x6" 8"ø 8"ø 8"ø 14"ø 8"ø 8"ø 8"ø10"ø CD-2 90 CFM 6"ø8"ø 6"ø CD-2 90 CFM 1 ACE Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project Number Acoustical Engineer TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 N. ROUSE AVE. & E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR BID JUNE 04, 2020 19BZ4921 ADDENDUM 01 JULY 01, 2020 7/1/2020 8:18:32 AMM-102A MECHANICAL HVAC PLAN - LEVEL 02 - AREA A JD NT KW BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN N 1/8" = 1'-0"M-102A 1 MECHANICAL HVAC PLAN - LEVEL 02 - AREA A MECHANICAL GENERAL NOTES A GENERAL CONTRACTOR SHALL CUT ALL FLOORS, WALLS, CEILINGS, AND ROOF AS REQUIRED TO PERFORM THE WORK DEPICTED IN THESE CONTRACT DOCUMENTS AND SPECIFICATIONS. GENERAL CONTRACTOR SHALL PATCH ALL ASSOCIATED FLOORS, WALLS, CEILINGS, AND ROOF AS REQUIRED TO THE SATISFACTION OF THE ARCHITECT/ENGINEER. B COORDINATE EXACT LOCATION OF DIFFUSERS AND GRILLES WITH REFLECTED CEILING PLAN AND LIGHTING LAYOUT. C FLEX DUCT RUN OUTS SHALL BE LIMITED TO 5'-0". D COORDINATE HVAC AND PLUMBING EQUIPMENT WITH ALL OTHER TRADES AS REQUIRED. E ALL CEILING DIFFUSERS TO BE 4-WAY UNLESS OTHERWISE NOTED. F DUCT PENETRATIONS THROUGH ROOF TO BE COORDINATED WITH JOIST LAYOUT. G ALL DUCTS ABOVE CORRIDOR AREAS TO BE MINIMUM 24 GAUGE SHEET METAL. H PROVIDE OPPOSED BLADE DAMPER ON ALL GRD'S LOCATED ABOVE HARD CEILINGS. I LINE ALL SUPPLY AND RETURN DUCTS WITH 1" A.L. WITHIN 25' OF FANS. J ALL DUCT DIMENSIONS SHOWN ON PLANS ARE CLEAR INTERIOR DIMENSIONS. K PROVIDE FLAT PLATE SENSORS FOR ALL THERMOSTATS/SENSORS IN PUBLIC AREAS. M PROVIDE ACCESS PANELS FOR EACH FIRE DAMPER PER IMC STANDARDS/REQUIREMENTS. N VERIFY EXACT LOCATION OF T-STATS WITH ARCHITECT PRIOR TO INSTALLATION. O SEAL ALL MECHANICAL PENETRATIONS THROUGH FIRE RATED ASSEMBLIES WITH UL-APPROVED FIRE RATED SYSTEM. MECHANICAL KEYNOTES 1 ROUTE SUPPLY AND RETURN DUCTWORK DOWN IN CHASE TO FIRST FLOOR. SEE SHEET M-101A FOR DUCT CONTINUATION. 2 COORDINATE LINEAR SLOT DIFFUSER LOCATION WITH LIGHTING LAYOUT AND CEILING LAYOUT. 3 ROUTE 10" X 16" EXHAUST DUCT UP FROM FIRST FLOOR IN CHASE AS SHOWN. CONTINUE 14" X 14" EXHAUST DUCT UP TO THIRD FLOOR MECHANICAL ROOM AS SHOWN. SEE SHEET M-103A FOR DUCT CONTINUATION. 4 COORDINATE DUCT ROUTING WITH SOLAR TUBES AS REQUIRED. 5 INSTALL EXHAUST FAN IN CEILING AS REQUIRED AND CONTINUE EXHAUST DUCT UP THROUGH ROOF. TERMINATE WITH ROOF COWL CAP AS REQUIRED. PAINT DUCT AND CAP ABOVE ROOF TO MATCH ROOF COLOR. 6 INSTALL ONE CONTINUOUS SRG-1 LINEAR BAR GRILLE ACROSS WALL. ROUTE 12" X 5" DUCTS DOWN IN WALL AS SHOWN TO A FIELD FABRICATED PLENUM BOX BEHIND SRG-1 IN BETWEEN WALL FRAMING. BALANCE EACH DUCT TO 120 CFM. SEE SHEET M-103A FOR DUCT CONTINUATION. 7 CONTINUE 30" X 59" DUCT UP THROUGH FLOOR TO AIR HANDLER ABOVE. SEE SHEET M-103A FOR AIR HANDLER LOCATION. 8 INSTALL DUCT EXPANSION JOINT AT BUILDING EXPANSION JOINT LOCATION AS REQUIRED. 9 INSTALL FIRE DAMPER IN VERTICAL DUCT AT FLOOR PENETRATION AS REQUIRED. PROVIDE ACCESS HATCH IN DUCT. COORDINATE WITH ARCHITECTURAL PLANS FOR ACCESS PANEL LOCATIONS. 10 LINE INSIDE OF DUCT WITH 1" ACOUSTICAL LINER FOR 4 FET DOWNSTREAM OF VAV. 11 AHU-2 SUPPLY AND RETURN DUCTS ABOVE COURTS CLERKS 235 SHALL BE MINIMUM 18 GAUGE STEEL DUCT. 12 REMOVE INTERNAL BLADES IN SLOT DIFFUSER AS REQUIRED TO USE AS RETURN DIFFUSER. 13 ROUTE 44"X22" RETURN DUCT THROUGH FLOOR TO THIRD FLOOR MECHANICAL ROOM. SEE SHEET M-103A FOR DUCT CONTINUATION. 14 PROVIDE DIFFUSER WITH OBD DAMPER AT DUCT CONNECTION. SEE GRD SCHEDULE ON M-003 FOR DAMPER REQUIREMENTS. 15 PROVIDE GRILLE WITH OBD DAMPER AT DUCT CONNECTION. SEE GRD SCHEDULE ON M-003 FOR DAMPER REQUIREMENTS. AREA A AREA B AREA C AREA D 305 306 307 308 Change Estimate Report Project: Bozeman Public Safety Center CE No:112 Project # 19426 Revision #1 Change Source: RFI 250 Date:4/11/2022 Description:Power Provisions for Ultraviolet Light Emitters for AHUs and ERVs Category Quantity Unit Unit Cost Total -$ 26A.1600 1 sum 2,034.21$ 2,034.21$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 2,034.21$ GC/CM Business Insurance 0.625%12.72$ CM Fee 3.2%65.51$ Bond 1.0% 21.13$ 2,133.57$ Provide new 120V, 20A circuit from panel 1DLOS2 to serve UVC emitters for AHU-1. Provide new 120V, 20A circuit from panel 3BL1 to serve UVC emitters for ERV-1. Description ADD Power for AHU and ERV UV Lights TOTAL 309 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #RFI250 Date:4/7/2022 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for RFI250 which involves providing additional 120v power to units URV and AHU-1 for UVC Emitter. Itemized Breakdown System Material($)Labor Hrs || ERV 119.88 4.52 || AHU-1 462.21 10.95 Total 582.09 15.47 ERV Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 40 127.75 C 51.10 4.00C 1.60 3/4" CONN SS STL - EMT 2 78.02 C 1.56 12.50C 0.25 3/4" COUPLING SS STL - EMT 5 79.80 C 3.99 5.00C 0.25 3/4" 1-H STRAP - RMC - STEEL 3 20.53 C 0.62 6.75C 0.20 3/4" EMT & 1/2" RMC 1-PC STRUT CLAMP W/ SADDLE -3 160.49 C 4.81 5.75C 0.17 3/4" 1-H STRAP - RMC - MALL 6 186.02 C 11.16 6.75C 0.41 #12 THHN SOLID BLACK 120 221.93 M 26.63 6.75M 0.81 4x 2 1/8" SQ BOX COMB KO 2 181.37 C 3.63 28.75C 0.57 4" SQ BLANK COVER 2 36.77 C 0.74 3.13C 0.06 20A 1P BREAKER BOLT-ON 1 15.64 E 15.64 0.19E 0.19 Totals 184 119.88 4.52 ORIGINAL 310 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #RFI250 Date:4/7/2022 Project Name:Bozeman Public Safety C Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 AHU-1 Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 80 127.75 C 102.20 4.00C 3.20 3/4" CONN COMP DC - EMT 4 180.15 C 7.21 16.25C 0.65 3/4" COUPLING COMP DC - EMT 8 205.48 C 16.44 11.25C 0.90 3/4" 1-H STRAP - RMC - STEEL 10 20.53 C 2.05 6.75C 0.68 3/4" 1-H STRAP - RMC - MALL 4 186.02 C 7.44 6.75C 0.27 1/2" FLEX - LIQUIDTIGHT METALLIC - GRAY 15 237.60 C 35.64 4.88C 0.73 1/2" CONN STRAIGHT - LIQUIDTIGHT DIECAST 6 484.83 C 29.09 18.75C 1.13 #12 THHN SOLID BLACK 280 221.93 M 62.14 6.75M 1.89 ROOF PENETRATION 1 200.00 E 200.00 1.50E 1.50 Totals 408 462.21 10.94 Summary General Materials 582.09 Material Total 582.09 JOURNEYMAN (15.46 Hrs @ $61.00) 943.06 FOREMAN @ 25%(3.87 Hrs @ $61.00) 236.07 Subtotal 1,761.22 Overhead (@ 10.000 %) 176.12 Markup (@ 5.000 %) 96.87 Subtotal 2,034.21 Final Amount $2,034.21 ORIGINAL 311 Change Estimate Report Project: Bozeman Public Safety Center CE No:114 Project # 19426 Revision # Change Source: PR 31 Date:2/23/2022 Description:Fire Suppression in PD Open Office 110 - Owner FF&E Coordination Category Quantity Unit Unit Cost Total -$ 21A.2100 1 sum 3,500.00$ 3,500.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 3,500.00$ GC/CM Business Insurance 0.625%21.88$ CM Fee 3.2%112.71$ Bond 1.0% 36.35$ 3,670.94$ Relocation of (7) sprinkler heads and addtion of (8) heads to account for full-height Owner FF&E partitions. Description ADD Fire Suppression Piping and Head Modifications TOTAL 312 1 Elizabeth Oliver From:Michael Georgeson <mgeorgeson@mountainfire.net> Sent:Friday, February 11, 2022 2:02 PM To:Elizabeth Oliver Cc:1 Benjamin Georgeson Subject:Re: Design Categories:Bozeman Safety Center If it is actually relocate 7 and add 8 it would be 3500.00. -- Michael Georgeson - SET NICET IV President Mountain Fire Protection, Inc. PO Box 151 Columbus, Montana 59019 Phone: (406) 322-6140 Fax: (406) 322-3263 Cell: (406) 671-9840 313 Memorandum REPORT TO:City Commission FROM:Jim Veltkamp, Chief of Police SUBJECT:Resolution 5422 a Resolution of the City Commission of the City of Bozeman, Montana, Confirming the Appointment of Police Officers in Accordance with Montana Code Annotated 7-32-4108 and 7-32-4113 MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5422. STRATEGIC PLAN:7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained, qualified and motivated team capable of delivering superior performance. Be accountable and expect accountability from others. Make demonstrated use of good judgement a part of the evaluation process for promotions. BACKGROUND:Section 7-32-4108, Montana Code Annotated, provides that all appointments to the “police force” must be confirmed by the City Commission. Section 7-32-4113, Montana Code Annotated, requires that in order to be submitted to the City Commission for confirmation, every applicant will have passed an examination and received a certificate from the police commission noting that the applicant has qualified for appointment. Additionally, the applicant must successfully complete a probationary period before being submitted to the City Commission for confirmation as a member of the “police force.” Officers Coby Ybarra, Adam Ratcliffe, and Bryan Harvey have met the above- noted requirements and have successfully completed their probationary period. As such, Resolution 5422 was written to confirm the appointment of these officers. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: 314 Resolution 5422.pdf Report compiled on: June 9, 2022 315 RESOLUTION NO. 5422 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CONFIRMING THE APPOINTMENT OF POLICE OFFICERS IN ACCORDANCE WITH MONTANA CODE ANNOTATED 7-32-4108 AND 7-32-4113. WHEREAS, Section 7-32-4108, Montana Code Annotated, provides that all appointments to the “police force” must be confirmed by the city council or commission; and WHEREAS, the following listed officers have passed the required examinations, have been certified by the Police Commission, have successfully completed the probationary period, and have been appointed to the City’s police force by the chief of police. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: that the following listed officers are confirmed as members of the Bozeman Police Department. COBY YBARRA ADAM RATCLIFFE BRYAN HARVEY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 28th day of June, 2022. 316 __________________________________ CYNDY ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 317 Memorandum REPORT TO:City Commission FROM:Rachel Harlow-Schalk, Interim Finance Director SUBJECT:Resolution 5423 Relating to $6,730,000 General Obligation Bonds, Series 2022; Determining the Form and Details, Authorizing the Execution and Delivery and Levying Taxes for the Payment Thereof MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution No. 5423 RELATING TO $6,730,000 GENERAL OBLIGATION BONDS, SERIES 2022; DETERMINING THE FORM AND DETAILS, AUTHORIZING THE EXECUTION AND DELIVERY AND LEVYING TAXES FOR THE PAYMENT THEREOF STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:In November of 2021, Bozeman registered voters approved issuance of General Obligation bonds to relocate Fire Station number 2 and complete improvements within the Bogert Pool, the Swim Center, and the Lindley Recreation Center. On May 10, 2022, The City Commission approved a contract with D.A. Davidson (DAD) to underwrite these bonds. Additionally on May 10, 2022, the City Commission adopted Resolution No. 5405 authorizing: (i) the City to sell $9,010,000 in bonds to DAD, subject to satisfaction of parameters; (ii) the City Manager, Assistant City Manager as well as one member of the City Commission designated by the City Commission (collectively, the “City Bond Finance Team”) to negotiate and execute a bond purchase agreement; and (iii) City officers to prepare a preliminary official statement relating to the bonds and the City. Through the bond financing process, Moody’s Investors Service affirmed the City’s very favorable outstanding rating at Aa1. The credit opinion can be found attached to this agenda item, which highlighted the City’s strong and rapidly growing economy, sound financial position supported by prudent fiscal management and stabilizing presence of MSU with challenges coming from potential budgetary pressures resulting from rapid population growth and growing unfunded pension liability. Resolution No. 5423 requests the City Commission consider the final Bond include the interest rates set forth in the bond purchase agreement. Once 318 issued, the bonds sale proceeds will be made available to the City. The bond par values and coupon rates were offered and negotiated the morning of June 14, 2022 and can be found attached to this agenda item. UNRESOLVED ISSUES:Sale of bonds relating to the Bogert Pool, the Swim Center, and the Lindley Recreation Center is anticipated in the fall of 2022 in the amount approved by voters of $2,280,000. Roof conditions at the Swim Center need to be address before any other improvements are made inside the Center. Unfortunately, the cost of replacing the roof was not part of the voter approved activities for the Swim Center requiring staff to investigate alternative funding methods. These items will be brought to the City Commission in future meetings for discussion. ALTERNATIVES:The City Commission could decide to pull this item from the Consent agenda items list and discuss further details on the bond sale. Additionally, the Commission could decide not to pass this resolution. This alternative is not recommended as it could have long-term financial consequences on the City's fiscal condition. FISCAL EFFECTS:Adoption of Resolution 5423 ensures the voter approved bond sale is completed and staff can relocation Fire Station number 2. ELECTION ESTIMATES: At the time of voter approval, the City projected the following tax impacts for the Bonds: $6,730,000 Fire Station Series 2022 Bonds Estimated Mills: 3.92 With an Estimated Annual Tax impact: *$18.83 *to a taxpayer whose residential property value was $364,000 UPDATED ESTIMATES: After locking rates on June 14, 2022, the City projects the following tax impacts for the Bonds: $6,730,000 Fire Station Series 2022 Bonds Estimated Mills on the tax rolls in 2022/23: 3.185 (a 19% reduction) With an Estimated Annual Tax impact: *$15.65 (a 17% reduction) *to a taxpayer whose residential property value was $364,000 Given the large scale increase of inflation and resulting rate increases, staff moved quickly to capture the lowest rate possible for the City. Attachments: 319 Res No 5423 Bond Resolution Fire Stn 2 Relocation.pdf City of Bozeman GO Bonds 2022 OS (FINAL).pdf Report compiled on: June 16, 2022 320 RESOLUTION NO. 5423 RESOLUTION RELATING TO $6,730,000 GENERAL OBLIGATION BONDS, SERIES 2022; DETERMINING THE FORM AND DETAILS, AUTHORIZING THE EXECUTION AND DELIVERY AND LEVYING TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Authorization and Sale; Recitals. 1.01. Authorization. At an election duly called and held November 2, 2021, the electors of the City authorized this Commission to sell and issue general obligation bonds of the City in the maximum principal amount not to exceed $6,730,000 for the purpose of paying the costs of designing, constructing, equipping and furnishing a new Fire Station 2 on a site located on the Montana State University campus to be leased by MSU to the City or other suitable location in the City (the “Fire Station 2 Project”); and paying costs associated with the sale and issuance of the bonds. This Commission has determined that it is in the best interests of the City, upon the terms hereinafter set forth, to sell to D.A. Davidson & Co., of Great Falls, Montana (the “Underwriter”), by private negotiated sale, its general obligation bonds in the principal amount of $6,730,000, pursuant to Montana Code Annotated, Sections 7-7-4254 and 17-5-107, in order to pay a portion of the costs of the Fire Station 2 Project and costs associated with the sale and issuance of such general obligation bonds. 321 2 1.02. Purchase and Sale. The Underwriter and the City have entered into a Bond Purchase Agreement, dated as of June 14, 2022, regarding the purchase and sale of general obligation bonds of the City, to be denominated “General Obligation Bonds, Series 2022” (the “Bonds”), in the aggregate principal amount of $6,730,000 at a purchase price of $7,220,353.60 (representing the par amount of the Bonds plus original issue premium of $515,591.10 and less underwriter’s discount of $25,237.50). The Bonds bear interest at the rates and mature on the dates and in the amounts and contain the further terms and conditions set forth in this Resolution. The true interest cost of the Bonds is 3.486035%. The sale of the Bonds to the Underwriter is hereby ratified and confirmed. 1.03. Recitals. All acts, conditions and things required by the Constitution and laws of the State of Montana, including Montana Code Annotated, Title 7, Chapter 7, Part 42, as amended, in order to make the Bonds valid and binding general obligations of the City in accordance with their terms and in accordance with the terms of this Resolution have been done, do exist, have happened and have been performed in regular and due form, time and manner as so required. The City has full power and authority to issue the Bonds. The indebtedness to be evidenced by the Bonds, together with all other outstanding general obligation indebtedness of the City, will not exceed 2.50% of the total assessed valuation of taxable property of the City, determined as provided in Section 15-8-111, M.C.A., as ascertained by the last assessment for state and county taxes. Section 2 Bond Terms, Execution and Delivery. 2.01. Terms of Bonds. The Bonds shall be designated “General Obligation Bonds, Series 2022.” The Bonds shall be in the denomination of $5,000 each or any integral multiple thereof of single maturities. The Bonds shall mature on July 1 in the years and amounts listed below, and Bonds maturing in such years and amounts shall bear interest from date of original issue until paid or duly called for redemption (including mandatory sinking fund redemption as to the term bonds maturing in 2033, 2035, 2037, 2039, and 2042), at the rate per annum shown opposite such years and amounts, as follows: 322 3 Year Amount Rate Year Amount Rate 2023 $205,000 5.000% 2031 $ 310,000 5.000% 2024 220,000 5.000 2033* 665,000 5.000 2025 230,000 5.000 2035* 725,000 4.000 2026 240,000 5.000 2037* 785,000 4.000 2027 255,000 5.000 2038 315,000 4.000 2028 265,000 5.000 2039* 535,000 4.000 2029 280,000 5.000 2042* 1,405,000 4.000 2030 295,000 5.000 *Term bonds subject to mandatory sinking fund redemption as set forth in Section 2.08 below. Interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. 2.02. Registered Form, Interest Payment Dates. The Bonds shall be issuable only in fully registered form, and the ownership of the Bonds shall be transferred only upon the bond register of the City hereinafter described. The interest on the Bonds shall be payable on January 1 and July 1 in each year, commencing January 1, 2023. Interest on the Bonds shall be payable to the owners of record thereof as such appear on the bond register as of the close of business on the 15th day of the month immediately preceding each interest payment date, whether or not such day is a business day. Interest on, and upon presentation and surrender thereof, the principal of each Bond shall be payable by check or draft issued by or drawn on the Registrar described herein or, as appropriate, by wire transfer. 2.03. Dated Date. Each Bond shall be originally dated as of June 30, 2022, and upon authentication of any Bond the Registrar (as hereinafter defined) shall indicate thereon the date of such authentication. 2.04. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. 323 4 (b) Transfer of Bonds. Upon surrender to the Registrar for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of the same series of a like aggregate principal amount and maturity, as the case may be, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer of any Bond or portion thereof selected or called for redemption. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of the same series of a like aggregate principal amount, interest rate and maturity, as requested by the registered owner or the owner’s attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner’s order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. 324 5 (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon the partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of the same series of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or such Bond has been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 2.05. Appointment of Initial Registrar. The City hereby appoints U.S. Bank Trust Company, National Association, in Salt Lake City, Utah, to act as registrar, transfer agent and paying agent (the “Registrar”). The City reserves the right to appoint a successor bond registrar, transfer agent or paying agent, as authorized by the Model Public Obligations Registration Act of Montana, Montana Code Annotated, Title 17, Chapter 5, Part 11, as amended (the “Registration Act”), but the City agrees to pay the reasonable and customary charges of the Registrar for the services performed. 2.06. Optional Redemption. (a) Bonds with stated maturities in the years 2023 through 2031 are not subject to optional redemption prior to their stated maturities. Bonds with stated maturities on or after July 1, 2033 are subject to redemption on July 1, 2032 and any date thereafter, at the option of the City, 325 6 in whole or in part, and if in part from such stated maturities and in such principal amounts as the City may designate in writing to the Registrar (or, if no designation is made, in inverse order of maturities and within a maturity in $5,000 principal amounts selected by the Registrar by lot or other manner as directed by the City), at a redemption price equal to the principal amount thereof and interest accrued to the redemption date, without premium. (b) The date of redemption and the principal amount of the Bonds to be redeemed shall be fixed by the City Manager who shall give notice thereof to the Registrar at least 45 days prior to the redemption date. At least thirty days prior to the designated redemption date, the Registrar shall cause notice of redemption to be mailed, by first class mail, or by other means required by the securities depository, to the registered owners of each Bond to be redeemed at their addresses as they appear on the bond register described in Section 2.04, but no defect in or failure to give such notice shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. The notice of redemption shall specify the redemption date, redemption price, the numbers, interest rates, CUSIP numbers, and the maturity date of the Bonds or portions thereof to be redeemed and the place at which the Bonds are to be surrendered for payment. Official notice of redemption having been given as aforesaid, the Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest. 2.07. Execution and Delivery. The Bonds shall be forthwith prepared for execution under the direction of the City Clerk and shall be executed on behalf of the City by the signatures of the Mayor, the City Manager and the City Clerk, provided that said signatures may be printed, engraved or lithographed facsimiles thereof. The seal of the City need not be imprinted on or affixed to any Bond. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery thereof, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. When the Bonds have been so executed by said City officers, they shall be registered by the City Clerk in accordance with Montana Code Annotated, Section 7-7-4257, as amended. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Resolution unless and until a 326 7 certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been fully executed and authenticated, they shall be delivered by the Registrar to the Underwriter or as otherwise directed upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Underwriter shall not be obligated to see to the application of the purchase price. 2.08. Mandatory Sinking Fund Redemption. The Bonds having stated maturities in 2033, 2035, 2037, 2039, and 2042 are subject to mandatory sinking fund redemption on July 1 in the years and the principal amounts set forth below in $5,000 principal amounts selected by the Registrar, by lot or other manner as directed by the City, at a redemption price equal to the principal amount thereof to be redeemed plus interest accrued to the redemption date: Stated Maturity of Term Bonds (July 1) Sinking Fund Payment Date (July 1) Principal Amount on Sinking Fund Payment Date 2033 2032 $325,000 2035 2034 $355,000 2037 2036 $385,000 2039 2038 $100,000 2042 2040 $450,000 2041 470,000 If the term bonds with stated maturities in 2033, 2035, 2037, 2039, and 2042 are not previously purchased by the City in the open market or prepaid, $340,000 in principal amount would remain to mature in 2033, $370,000 in principal amount would remain to mature in 2035, $400,000 in principal amount would remain to mature in 2037, $435,000 in principal amount would remain to mature in 2039, and $485,000 in principal amount would remain to mature in 2042. The principal amounts required to be redeemed on the above Sinking Fund Payment Dates 327 8 shall be reduced by the amount by which such principal amounts are previously redeemed at the option of the Commission. 2.09. Securities Depository for the Bonds. (a) For purposes of this Section 2.09, the following terms shall have the following meanings: “Beneficial Owner” shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person’s subrogee. “Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. “DTC” shall mean The Depository Trust Company of New York, New York. “Participant” shall mean any broker-dealer, bank or other financial institution for which DTC holds Bonds as securities depository. “Representation Letter” shall mean the Blanket Issuer Letter of Representations pursuant to which the City agrees to comply with DTC’s Operational Arrangements. (b) The Bonds of each series shall be initially issued as separately authenticated fully registered Bonds, and one Bond shall be issued in the principal amount of each stated maturity of each series of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the Bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this Resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither 328 9 the Registrar nor the City shall have any responsibility or obligation to any Participant, any Person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other Person which is not shown on the Bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City’s obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No Person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines to discontinue the book-entry-only system for one or both series of Bonds, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds of such series in the form of certificates. In such event, the Bonds of such series will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds of one or both series at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds of such series will be transferable in accordance with paragraph (e) hereof. 329 10 (d) The Representation Letter sets forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this Resolution. (e) In the event that any transfer or exchange of Bonds of a series is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this Resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this Resolution shall also apply to all matters relating thereto, including, without limitation, the preparation of such Bonds in the form of Bond certificates and the method of payment of principal of and interest on such Bonds in the form of Bond certificates. 2.10 Form of Bonds. The Bonds shall be prepared in substantially the form set forth in Exhibit A hereto, and by this reference made a part hereof. Section 3 Security Provisions. 3.01. Project Account; Use of Proceeds. There is hereby created a special account to be designated as the “Fire Station 2 Project Account” (the “Project Account”), to be held and administered by the City Manager separate and apart from all other funds and accounts of the City. The City appropriates to the Project Account the proceeds of the sale of the Bonds in the amount of (a) $7,220,353.60 (representing the principal amount of the Bonds, plus original issue premium on the Bonds, less underwriter’s discount), and (b) all income derived from the investment of amounts on hand in the Project Account. The Project Account shall be used solely to defray expenses of the Fire Station 2 Project to be paid with proceeds of the Bonds, including costs of issuance of the Bonds. Upon payment of all costs and expenses of the Fire Station 2 Project to be 330 11 paid with proceeds of the Bonds and investment earnings thereon, any amounts remaining in the Project Account shall be credited and paid to the Debt Service Account. 3.02. Debt Service Account. There is hereby created a special account to be designated as the “Fire Station 2 Debt Service Account” (the “Debt Service Account”), to be held and administered by the City Manager separate and apart from all other funds and accounts of the City, to be used solely to pay principal of and interest on the Bonds. The City irrevocably appropriates to the Debt Service Account: (a) all funds, if any, to be transferred thereto from the Project Account in accordance with the provisions of Section 3.01, (b) any taxes levied in accordance with this Resolution, (c) all income derived from the investment of amounts on hand in the Debt Service Account, and (d) such other money as shall be received and appropriated to the Debt Service Account from time to time. 3.03. Tax Levies. The full faith and credit and taxing powers of the City shall be and are hereby irrevocably pledged to the payment of the Bonds and interest due thereon, and the City shall cause taxes to be levied annually on all taxable property in the City, without limitation as to rate or amount, sufficient to pay the interest on the Bonds when it falls due and to pay and discharge the principal at maturity of each and all of the Bonds as they respectively become due. Section 4 Tax Covenants and Certifications. 4.01. Use of the Project. The Fire Station 2 Project will be owned and operated by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, use or other agreement with any non-governmental person relating to the use of the Fire Station 2 Project or security for the payment of the Bonds which might cause the Bonds to be considered “private activity bonds” or “private loan bonds” within the meaning of Section 141 of the Internal Revenue Code of 1986, as amended (the “Code”). 4.02. General Covenant. The City covenants and agrees with the owners from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become includable in gross income for federal income tax purposes under the Code and applicable Treasury Regulations (the 331 12 “Regulations”), and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income for federal income tax purposes under the Code and the Regulations. 4.03. Arbitrage Certification. The Mayor, the City Manager and the City Clerk, being among the officers of the City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Underwriter a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b) of the Regulations, stating that on the basis of facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds, it is reasonably expected that the proceeds of the Bonds will be used in a manner that would not cause the Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Code and the Regulations. 4.04. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for the exception from the rebate requirement under Section 148(f)(4)(B) of the Code and no “gross proceeds” of the Bonds (other than amounts constituting a “bona fide debt service fund”) arise during or after the expenditure of the original proceeds thereof. In furtherance of the foregoing, the Mayor, the City Manager and the City Clerk are, or any one or more of them is, hereby authorized and directed to execute a Rebate Certificate, substantially in the form to be prepared by Bond Counsel, and the City hereby covenants and agrees to observe and perform the covenants and agreements contained therein, unless amended or terminated in accordance with the provisions thereof. 4.05. Information Reporting. The City shall file with the Secretary of the Treasury, not later than August 15, 2022, a statement concerning the Bonds containing the information required by Section 149(e) of the Code. 4.06. Qualified Tax-Exempt Obligations. Pursuant to Section 265(b)(3) of the Code, the City hereby designates the Bonds as “qualified tax-exempt obligations” for purposes of Section 332 13 265(b)(3) of the Code. The City has not designated any obligations in 2022 other than the Bonds under Section 265(b)(3) of the Code. The City hereby represents that it does not anticipate that obligations bearing interest not includable in gross income for purposes of federal income taxation under Section 103 of the Code (including refunding obligations as provided in Section 265(b)(3) of the Code and including “qualified 501(c)(3) bonds” but excluding other “private activity bonds,” as defined in Sections 141(a) and 145(a) of the Code) will be issued by or on behalf of the City and all “subordinate entities” of the City in 2022 in an amount greater than $10,000,000. Section 5 Defeasance or Discharge. 5.01. General. When the liability of the City on all Bonds issued under and secured by this Resolution and all interest thereon has been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the Holders of such Bonds shall cease. 5.02. Maturity. The City may discharge its liability with reference to all Bonds and interest thereon which are due on any date by depositing with the Registrar for such Bonds on or before the date a sum sufficient for the payment thereof in full; or if any Bond or interest thereon shall not be paid when due, the City may nevertheless discharge its liability with reference thereto by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. 5.03. Redemption. The City may also discharge its liability with reference to any prepayable Bonds which are called for redemption on any date in accordance with their terms, by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due thereon, provided that notice of such redemption has been duly given as provided in this Resolution. 5.04. Escrow. The City may also at any time discharge its liability in its entirety with reference to any Bonds subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited or funds holding only 333 14 such securities, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without reinvestment, to provide funds sufficient to pay all principal, interest and redemption premiums, if any, to become due on such Bonds at their Stated Maturities or, if such Bonds are prepayable and notice of redemption thereof has been given or irrevocably provided for, to such earlier redemption date. Section 6 Continuing Disclosure. The Commission hereby approves the Continuing Disclosure Undertaking of the City substantially in the form of the attached Exhibit B and authorizes the Mayor and the City Manager, or in the absence of either of them or in the event of their inability to sign, their designees, to execute and deliver on behalf of the City contemporaneously with the date of issuance and delivery of the Bonds the Continuing Disclosure Undertaking, with such changes as may be necessary or appropriate. The signatures of any two authorized officials of the City are adequate to cause the Continuing Disclosure Undertaking to be binding and enforceable on the City. Section 7 Certification of Proceedings. The officers of the City are hereby authorized and directed to prepare and furnish to the Underwriter and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. Section 8 Repeals and Effective Date. 334 15 8.01. Repeal. All provisions of other resolutions and other actions and proceedings of the City and this Commission that are in any way inconsistent with the terms and provisions of this Resolution are repealed, amended and rescinded to the full extent necessary to give full force and effect to the provisions of this Resolution. 8.02. Effective Date. This Resolution shall take effect immediately upon its passage and adoption by this Commission. 335 16 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 28th day of June, 2022. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MICHAEL MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 336 A-1 EXHIBIT A UNITED STATES OF AMERICA STATE OF MONTANA COUNTY OF GALLATIN CITY OF BOZEMAN GENERAL OBLIGATION BOND SERIES 2022 No. $ .00 Rate Maturity Date of Original Issue CUSIP % July 1, June 30, 2022 103637 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: AND NO/100 DOLLARS FOR VALUE RECEIVED, City of Bozeman, Gallatin County, State of Montana (the “City”), acknowledges itself to be indebted and hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above on the maturity date specified above or, if this Bond is prepayable as stated herein, on any date prior thereto on which this Bond shall have been duly called for redemption, and to pay interest on said principal amount to the registered owner hereof from the Date of Original Issue set forth above or from such later date to which interest has been paid or duly provided for until this Bond is paid or, if this Bond is prepayable, until it has been duly called for redemption, at the rate specified above. Principal of this Bond is payable upon presentation and surrender hereof to U.S. Bank Trust Company, National Association, of Salt Lake City, Utah, as Bond Registrar, Transfer Agent and Paying Agent, or its successor designated under the Resolution described herein (the “Registrar”), at its operations center in St. Paul, Minnesota. The interest on this Bond shall be payable on January 1 and July 1 in each year, commencing January 1, 2023, and shall be calculated on the basis of a 360-day year composed of twelve 30-day months. Interest on the Bonds shall be payable to the owners of record thereof as such appear on the bond register as of the close of business on the 15th day of the month immediately preceding each interest payment date, whether or not such day is a Business Day. Interest on, and upon presentation and surrender thereof, the principal of each Bond shall be payable by check or draft issued by the Registrar described herein. “Business Day” means any day other than a Saturday, Sunday or legal holiday of the State of Montana. The principal of and interest on this Bond are payable in lawful money of the United States of America. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. 337 A-2 Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. This Bond is one of an issue in the total principal amount of $6,730,000 (the “Series 2022 Bonds”), all of like date of original issue and tenor except as to serial number, denomination, maturity date, interest rate and redemption privilege, all authorized by the favorable vote of more than the requisite majority of the qualified electors of the City voting on the question of the issuance thereof at a duly held election, all pursuant to resolutions duly adopted by the City Commission, including Resolution No. 5423 adopted on June 28, 2022 (the “Resolution”), and in full conformity with the Constitution and laws of the State of Montana thereunto enabling. The Bonds are issuable only as fully registered bonds of single maturities, in denominations of $5,000 or any integral multiple thereof. Bonds with stated maturities in the years 2023 through 2031 are not subject to redemption prior to their stated maturities. Bonds with stated maturities on or after July 1, 2033 are subject to redemption on July 1, 2032 and any date thereafter, at the option of the City, in whole or in part, and if in part from such stated maturities and in such principal amounts as the City may designate in writing to the Registrar (or, if no designation is made, in inverse order of maturities and within a maturity in $5,000 principal amounts selected by the Registrar by lot or other manner as directed by the City), at a redemption price equal to the principal amount thereof and interest accrued to the redemption date, without premium. The date of redemption and the principal amount of the Bonds shall be fixed by the City Manager, who shall give notice thereof to the Registrar at least forty-five days prior to the date of redemption. At least thirty days prior to the designated redemption date, the Registrar shall cause notice of redemption to be mailed, by first class mail, or by other means required by the securities depository, to the registered owners of each Bond to be redeemed at their addresses as they appear on the bond register. No defect in or failure to give such notice shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. The notice of redemption shall specify the redemption date, redemption price, the numbers, interest rates, CUSIP numbers, and the maturity date of the Bonds or portions thereof to be redeemed and the place at which the Bonds are to be surrendered for payment. Official notice of redemption having been given as aforesaid, the Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest. The Bonds having stated maturities in 2033, 2035, 2037, 2039, and 2042 are subject to mandatory sinking fund redemption on July 1 in the years and the principal amounts set forth below in $5,000 principal amounts selected by the Registrar, by lot or other manner as directed by the City, at a redemption price equal to the principal amount thereof to be redeemed plus interest accrued to the redemption date: 338 A-3 Stated Maturity of Term Bonds (July 1) Sinking Fund Payment Date (July 1) Principal Amount on Sinking Fund Payment Date 2033 2032 $325,000 2035 2034 $355,000 2037 2036 $385,000 2039 2038 $100,000 2042 2040 $450,000 2041 470,000 If the term bonds with stated maturities in 2033, 2035, 2037, 2039, and 2042 are not previously purchased by the City in the open market or prepaid, $340,000 in principal amount would remain to mature in 2033, $370,000 in principal amount would remain to mature in 2035, $400,000 in principal amount would remain to mature in 2037, $435,000 in principal amount would remain to mature in 2039, and $485,000 in principal amount would remain to mature in 2042. The principal amounts required to be redeemed on the above Sinking Fund Payment Dates shall be reduced by the amount by which such principal amounts are previously redeemed at the option of the Commission. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City in the principal office of the Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or his attorney, and may also be surrendered in exchange for Bonds of other authorized denominations. Upon any such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. The Bonds have been designated by the City as “qualified tax-exempt obligations” pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Montana to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond, in order to make it a valid and binding general obligation of the City according to its terms, have been done, 339 A-4 do exist, have happened and have been performed in regular and due form, time and manner as so required; that the City Commission will annually levy an ad valorem tax on all of the taxable property in the City in an amount sufficient to pay the interest hereon when it falls due and also to pay and discharge the principal of this Bond at maturity; that this Bond, together with all other general obligation indebtedness of the City outstanding on the date of original issue hereof, does not exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by the manual signature of one of its authorized representatives. IN WITNESS WHEREOF, City of Bozeman, Montana, by its City Commission, has caused this Bond to be executed by the facsimile signatures of the Mayor, the City Manager and the City Clerk and by a printed facsimile of the official seal of the City. CITY OF BOZEMAN, MONTANA (Facsimile Signature) MAYOR (Facsimile Signature) (Facsimile Seal) CITY MANAGER (Facsimile Signature) CITY CLERK Dated: CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned herein. U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Registrar, Transfer Agent, and Paying Agent By Authorized Signature 340 A-5 The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UTMA............Custodian..................... in common (Cust) (Minor) TEN ENT -- as tenants by the entireties under Uniform Gifts to JT TEN -- as joint tenants Minor Act............................................ with right of (State) survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER NOTICE: The signature to this assignment OF ASSIGNEE: must correspond with the name as it appears upon the face of the within Bond in every / / particular, without alteration, enlargement or any change whatsoever. SIGNATURE GUARANTEED Signature(s) must be guaranteed by an “eligible guarantor institution” meeting the requirements of the Bond Registrar, which requirements include membership or participation in STAMP or such other “signature guaranty program” as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. 341 B-1 EXHIBIT B CONTINUING DISCLOSURE UNDERTAKING This CONTINUING DISCLOSURE UNDERTAKING is made by the City of Bozeman, Montana (the “City’) in connection with the issuance and delivery by the City of its $6,730,000 General Obligation Bonds, Series 2022 (the “Bonds”), as of this 30th day of June, 2022. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit D.A. Davidson & Co., of Great Falls, Montana (the “Purchaser”), and other participating underwriters in the primary offering of the Bonds to comply with paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission (the “SEC”) under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the “Rule”), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agrees, for the benefit of the Owners (as hereinafter defined) from time to time of the outstanding Bonds, to provide annual reports of specified information and notice of the occurrence of certain events to the Municipal Securities Rulemaking Board (“MSRB”) through its Electronic Municipal Market Access system website (“EMMA”), as hereinafter described. The City is the only “obligated person” in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with this Continuing Disclosure Undertaking, any person aggrieved thereby, including the Owners of any outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of this Continuing Disclosure Undertaking, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder. Notwithstanding anything to the contrary contained herein, in no event shall a default under this Continuing Disclosure Undertaking constitute a default under the Bonds or under any other provision of the Bond Resolution. As used herein, “Owner” means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, “Beneficial Owner” means, in respect of a Bond, any person or entity that (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in section (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times and in the following manner: 342 B-2 (1) Except as described in subsection (b)(2) below with regard to the District’s audited financial statements for the fiscal year ended June 30, 2022, on or before 270 days after the end of each fiscal year of the City, commencing with the fiscal year ending June 30, 2023, the following financial information and operating data in respect of the City (the “Disclosure Information”). Such Disclosure Information may be unaudited and, for financial statement information, shall be for the most recent completed fiscal year of the City and, for operating data, shall be the operating data for the then most recent completed fiscal year compiled by the City and publicly available under applicable data privacy or other law: (A) the audited financial statements of the City for the then most recent completed fiscal year or, if unavailable, unaudited financial statements for the then most recent completed fiscal year and submitting the audited financials within ten (10) business days after receipt; and (B) updated information for the City for the then most recent completed fiscal year (commencing with fiscal year ending June 30, 2020), which may be unaudited, compiled by the City on a customary basis and publicly available under applicable data privacy or other law to include: (1) general obligation bonds outstanding, (2) assessed valuation, (3) taxable valuation, and (4) tax collection figures for the then most recent completed fiscal year in format similar to the table in the Official Statement titled “Tax Collections.” (2) Because the Official Statement contains all of the information described above under subsection (b)(1)(B) (some of which is unaudited) and contains the unaudited financial statements for fiscal year ended June 30, 2022, the City will provide only the audited financial statements of the City for fiscal year ended June 30, 2022, on or before 270 days after the end of each fiscal year of the City or within 10 business days of the receipt thereof if received after the deadline. The audited financial statements of the City identified in paragraph (1)(A) above, are to be prepared in accordance with generally accepted accounting principles or as otherwise provided under laws of the State of Montana (the “State”), as such principles may be changed from time to time as permitted by laws of the State. If and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, the discrepancies will be noted. If the audited financial statements (other than the audited financial statements for fiscal year ended June 30, 2022) are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the 343 B-3 audited financial statements as part of the Disclosure Information and, within 10 business days after the receipt thereof, the City shall provide the audited financial statements. The Disclosure Information may be provided in a single document or multiple documents, and may be incorporated by specific reference to documents available to the public on the internet website of the MSRB or filed with the SEC. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been filed with the SEC or have been made available to the public on the MSRB’s Electronic Municipal Market Access system website (“EMMA”). The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be material (as hereinafter defined), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this Continuing Disclosure Undertaking is amended, then the City shall include in the next Disclosure Information to be delivered pursuant to this Continuing Disclosure Undertaking, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (3) In a timely manner not in excess of ten business days, notice of the occurrence of any of the following events: (A) principal and interest payment delinquencies; (B) non-payment related defaults, if material; (C) unscheduled draws on debt service reserves reflecting financial difficulties; (D) unscheduled draws on credit enhancements reflecting financial difficulties; (E) substitution of credit or liquidity providers, or their failure to perform; (F) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Bonds or other material events affecting the tax status of the Bonds; 344 B-4 (G) modifications to rights of holders of the Bonds, if material; (H) bond calls, if material, and tender offers; (I) defeasances; (J) release, substitution or sale of property securing repayment of the Bonds, if material; (K) rating changes; (L) bankruptcy, insolvency, receivership, or similar event of the City; (M) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (N) appointment of a successor or additional trustee or the change of name of a trustee, if material; (O) incurrence of a financial obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City, any of which affect security holders, if material; and (P) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the financial obligation of the City, any of which reflect financial difficulties. An event is “material” if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed in the Bond Resolution or information generally available to the public. Notwithstanding the foregoing sentence, an event is also “material” if it is an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For purposes of paragraphs (O) and (P) above, the term “financial obligation” means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of either (i) or (ii). A “financial obligation” does not include municipal securities for which a final official statement has been provided to the MSRB consistent with the Rule. 345 B-5 (4) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information described above under paragraph (b)(1) above at the time specified thereunder; (B) the amendment or supplementing of this Continuing Disclosure Undertaking, together with a copy of such amendment or supplement and any explanation provided by the City; and (C) any change in the fiscal year of the City. (c) Manner of Disclosure. The he City agrees to make available the information described in section (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) To the MSRB, in an electronic format as prescribed by the MSRB from time to time. (2) To any rating agency then maintaining a rating of the Bonds and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraph (1) of this section (c), or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (3) All documents provided to the MSRB pursuant to this section (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term; Amendments; Interpretation. (1) This Continuing Disclosure Undertaking shall remain in effect so long as any Bonds are outstanding. (2) This Continuing Disclosure Undertaking (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (b)(4) hereof) or the consent of the Owners of any Bonds, by a resolution of the City Commission filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule, assuming that such provisions apply to the Bonds. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the 346 B-6 reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This Continuing Disclosure Undertaking is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so the undertaking would satisfy the requirements of paragraph (b)(5) of the Rule. (e) Limitation of Liability of the City. None of the agreements or obligations of the City contained in this Continuing Disclosure Undertaking or in the Disclosure Information shall be construed to constitute an indebtedness of the City within the meaning of any constitutional or statutory provisions whatsoever or constitute a pledge of the general credit or taxing powers of the City. Dated: June 30, 2022 [Signature Blocks For Mayor and City Manager] 347 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5423, entitled: “RESOLUTION RELATING TO $6,730,000 GENERAL OBLIGATION BONDS, SERIES 2022; DETERMINING THE FORM AND DETAILS, AUTHORIZING THE EXECUTION AND DELIVERY AND LEVYING TAXES FOR THE PAYMENT THEREOF” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on June 28, 2022, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 28th day of June, 2022. Michael Maas City Clerk 348 OFFICIAL STATEMENT dated June 14, 2022 NEW ISSUE BANK QUALIFIED BOOK-ENTRY ONLY RATING: Moody’s Investors Service: “Aa1” (See “RATING” herein.) In the opinion of Dorsey & Whitney LLP, Bond Counsel, based on existing law and assuming the accuracy of certain representations and compliance with certain covenants, interest on the Bonds (i) is excludable from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”), (ii) is not an item of tax preference for purposes of the federal alternative minimum tax imposed by Section 55 of the Code, and (iii) is excludable from gross income for Montana individual income tax purposes. Interest on the Bonds is includable, however, in income for purposes of the Montana corporate income tax and the Montana alternative corporate income tax. The Bonds will be designated by the City as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code. (See “QUALIFIED TAX-EXEMPT OBLIGATIONS” and “TAX CONSIDERATIONS” herein.) $6,730,000 CITY OF BOZEMAN, MONTANA GENERAL OBLIGATION BONDS, SERIES 2022 Dated: Date of Delivery (expected to be June 30, 2022) Due: July 1, as shown on the inside cover herein The City of Bozeman, Montana (the “City”) provides this Official Statement in connection with the issuance of its General Obligation Bonds, Series 2022 (the “Bonds”). The Bonds mature on July 1 in each of the years and amounts set forth on the inside cover herein and will bear interest from the date of delivery to their respective maturities, or date of prior redemption, at the interest rates as shown on the inside cover. The Bonds will be issued as fully registered bonds and will be registered in the name of Cede & Co., as registered owner and nominee for The Depository Trust Company (“DTC”), New York, New York. DTC will act as securities depository of the Bonds. Individual purchases and sales of the Bonds may be made in book-entry form only, in the principal amount of $5,000 within a single maturity and in integral multiples thereof. Purchasers of the Bonds (the “Beneficial Owners”) will not receive physical bond certificates. Interest on the Bonds will be payable semi-annually on each January 1 and July 1, commencing January 1, 2023. The City has appointed U.S. Bank Trust Company, National Association to serve as registrar and paying agent (the “Registrar”) for the Bonds. The principal of and interest on the Bonds will be payable by the Registrar to DTC, which will in turn remit such principal and interest to DTC Participants for subsequent disbursement to the Beneficial Owners of the Bonds. (See “THE BONDS – Book-Entry System” herein.) The Bonds are general obligations of the City payable from the proceeds of an ad valorem tax, which the City will covenant to levy annually on all taxable property within the City, without limitation as to rate or amount. The Bonds are being issued in accordance with the provisions of Title 7, Chapter 7, Part 42, Montana Code Annotated. The proceeds of the Bonds will be used for the purpose of (i) paying the costs of designing, constructing, equipping, and furnishing a new Fire Station 2 (the “Project”); and (ii) paying the costs associated with the sale and issuance of the Bonds. (See “THE BONDS – Authorization,” “– Security,” and “– Purpose and Sources and Application of Funds” herein.) The Bonds maturing on or after July 1, 2033 are subject to redemption at the option of the City on July 1, 2032 and on any day thereafter at a price equal to the principal amount being redeemed plus interest accrued to the date of redemption, without premium. Term Bonds are subject to mandatory sinking fund redemption. (See “THE BONDS – Redemption” herein.) The Bonds are offered when, as and if issued by the City, subject to prior sale, to withdrawal or modification of the offer without notice, and to the opinion as to validity and tax exemption of the Bonds by Dorsey & Whitney LLP, Missoula, Montana and Minneapolis, Minnesota, Bond Counsel. It is expected that the Bonds in definitive form will be available for book-entry delivery through the facilities of DTC on or about June 30, 2022 (the “Date of Delivery” or “Closing”). This cover page contains certain information for quick reference only. It is not a summary of this issue. Investors must read the entire official statement to obtain information essential to making an informed investment decision. D.A. DAVIDSON & CO.349 ii $6,730,000 City of Bozeman, Montana General Obligation Bonds, Series 2022 MATURITY SCHEDULE DATED: Date of Delivery (expected to be June 30, 2022) DUE: July 1, as shown below Year Amount Interest Rate Yield Price (% of Par) CUSIP1 2023 $205,000 5.00% 1.77% 103.196% 103637JF2 2024 220,000 5.00 2.11 105.638 103637JG0 2025 230,000 5.00 2.29 107.820 103637JH8 2026 240,000 5.00 2.41 109.826 103637JJ4 2027 255,000 5.00 2.51 111.638 103637JK1 2028 265,000 5.00 2.68 112.785 103637JL9 2029 280,000 5.00 2.83 113.697 103637JM7 2030 295,000 5.00 2.93 114.671 103637JN5 2031 310,000 5.00 3.03 115.420 103637JP0 2038 315,000 4.00 3.48 104.360 103637JW52 $665,000, 5.00% Term Bond due July 1, 2033 to yield 3.24%, price 114.934%2, CUSIP1 103637JR6 $725,000, 4.00% Term Bond due July 1, 2035 to yield 3.35%, price 105.485%2, CUSIP1 103637JT2 $785,000, 4.00% Term Bond due July 1, 2037 to yield 3.43%, price 104.791%2, CUSIP1 103637JV7 $535,000, 4.00% Term Bond due July 1, 2039 to yield 3.50%, price 104.189%2, CUSIP1 103637JX3 $1,405,000, 4.00% Term Bond due July 1, 2042 to yield 3.58%, price 103.505%2, CUSIP1 103637KA1 __________________ 1 ©2022 CUSIP Global Services, CUSIP® is a registered trademark of the American Bankers Association. CUSIP numbers are provided by CUSIP Global Services, managed on behalf of the American Bankers Association by S&P Global Market Intelligence. The CUSIP numbers are not intended to create a database and do not serve in any way as a substitute for CUSIP service. CUSIP numbers are provided for convenience and reference only, and are subject to change. Neither the City nor the Underwriter takes responsibility for the accuracy of the CUSIP numbers. 2 Priced to the optional redemption call date of July 1, 2032. 350 iii CITY OF BOZEMAN 121 North Rouse Bozeman, Montana 59715 (406)582-2300https://www.bozeman.net1 Certain City Officials: Mayor ....................................................................................................... Cyndy Andrus City Commission ...................................................... Terry Cunningham, Deputy Mayor Christopher Coburn Jennifer Madgic I-Ho Pomeroy City Manager .............................................................................................. Jeff Mihelich Assistant City Manager ............................................................................... Chuck Winn City Attorney ............................................................................................. Greg Sullivan City Clerk/Treasurer ...................................................................................... Mike Maas Interim City Director of Finance ................................................. Rachel Harlow-Schalk Strategic Services Director .......................................................................Jon Henderson Fire Chief .............................................................................................. Joshua L. Waldo Director of Parks and Recreation .............................................................. Mitch Overton U n d e r w r i t e r D.A. DAVIDSON & CO.8 Third Street North Great Falls, Montana 59401 B o n d C o u n s e l DORSEY & WHITNEY LLP Millennium Building 125 Bank Street, Suite 600 Missoula, Montana 59802 _________________ 1 Neither the information on the City website nor any links from that website is a part of this Official Statement, and such information cannot be relied upon to be accurate as of the date of this Official Statement, nor should any such information be relied upon to make investment decisions regarding the Bonds. 351 iv No dealer, broker, salesman or other person has been authorized by the City to give any information or to make any representations, other than those contained in this Official Statement, and if given or made, such other information or representations must not be relied upon as having been authorized by the City. The information in this Official Statement was obtained from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The information and expressions of opinion herein are subject to change without notice and neither the delivery of the Official Statement nor any sale made hereby shall, under any circumstances, create any implication that there has been no change in the affairs of the City since the date hereof. The Underwriter has reviewed the information in the Official Statement in accordance with, and as a part of, their respective responsibilities under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of the information. This Official Statement contains, in part, estimates and matters of opinion that are not intended as statements of fact, and no representation or warranty is made as to the correctness of such estimates and opinions or that they will be realized. The following descriptions of summaries of the Bonds and Bond Resolution and all references to other documents or materials not claiming to be quoted in full are only brief outlines of some of the provisions and do not claim to summarize or describe all provisions thereof. Copies of such documents may be obtained from the City. THE BONDS HAVE NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION UNDER THE SECURITIES ACT OF 1933, AS AMENDED. IN MAKING AN INVESTMENT DECISION INVESTORS MUST RELY ON THEIR OWN EXAMINATION OF THE ISSUER AND THE TERMS OF THE OFFERING, INCLUDING THE MERITS AND RISKS INVOLVED. THESE SECURITIES HAVE NOT BEEN RECOMMENDED BY ANY FEDERAL OR STATE SECURITIES COMMISSION OR REGULATORY AUTHORITY. FURTHERMORE, THE FOREGOING AUTHORITIES HAVE NOT CONFIRMED THE ACCURACY OR DETERMINED THE ADEQUACY OF THIS DOCUMENT. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE. In connection with the offering and issuance of the Bonds, the Underwriter may over-allot or effect transactions which stabilize or maintain the market price of the Bonds at a level above that which might otherwise prevail in the open market. Such stabilizing, if commenced, may be discontinued at any time. Certain statements included or incorporated by reference in this Official Statement constitute “forward- looking statements” within the meaning of the United States Private Securities Litigation Reform Act of 1995, section 21E of the United States Securities Act of 1934, as amended, and Section 27A of the United States Securities Act of 1933, as amended. Such statements are generally identifiable by the terminology used such as “plan,” “expect,” “estimate,” “projection,” “budget,” or other similar words. ©2022 CUSIP Global Services, CUSIP® is a registered trademark of the American Bankers Association. CUSIP numbers are provided by CUSIP Global Services, managed on behalf of the American Bankers Association by S&P Global Market Intelligence. The CUSIP numbers are not intended to create a database and do not serve in any way as a substitute for CUSIP service. CUSIP numbers are provided for convenience and reference only, and are subject to change. Neither the City nor the Underwriter takes responsibility for the accuracy of the CUSIP numbers. 352 v T A B L E O F C O N T E N T S SUMMARY STATEMENT ....................................................................................................................................... 1 THE BONDS Description of the Bonds .............................................................................................................................. 2 Registrar ........................................................................................................................................................ 2 Redemption ................................................................................................................................................... 2 Book-Entry System ....................................................................................................................................... 3 Authorization ................................................................................................................................................ 4 Security ......................................................................................................................................................... 4 Purpose and Sources and Application of Funds ............................................................................................ 4 GENERAL FINANCIAL INFORMATION Financial Operations, Sources of Revenue, and Budgeting Process ............................................................. 5 CARES Act and ARPA ................................................................................................................................ 6 The Montana Property Tax System .............................................................................................................. 7 CITY FINANCIAL INFORMATION Financial Summary ..................................................................................................................................... 12 Future Financing ......................................................................................................................................... 12 Summary of Overlapping Debt ................................................................................................................... 12 General Obligation Debt Ratios .................................................................................................................. 13 Debt Limitation ........................................................................................................................................... 13 Debt Repayment Record ............................................................................................................................. 13 Schedule of General Obligation Bond Debt Service .................................................................................. 14 Trends in Property Valuations .................................................................................................................... 15 Major Taxpayers ......................................................................................................................................... 16 Tax Collections ........................................................................................................................................... 16 Tax Levies ................................................................................................................................................... 17 Authorized Levy Authority, Budgeted Levy, and Unused Levy Authority ................................................ 17 THE CITY General Information .................................................................................................................................... 18 Government ................................................................................................................................................ 19 Principal Governmental Services ................................................................................................................ 19 Employment and Employee Relations ........................................................................................................ 20 Pension Plans .............................................................................................................................................. 20 Investments ................................................................................................................................................. 26 Risk Management ....................................................................................................................................... 26 QUALIFIED TAX-EXEMPT OBLIGATIONS ...................................................................................................... 27 TAX CONSIDERATIONS ...................................................................................................................................... 27 Tax Exempt Interest3 .................................................................................................................................. 28 Market Discount ......................................................................................................................................... 28 Bond Premium ............................................................................................................................................ 29 Related Tax Considerations ........................................................................................................................ 29 Sale of Other Disposition ............................................................................................................................ 29 Information Reporting and Backup Withholding ....................................................................................... 30 COVID-19 ................................................................................................................................................................ 30 LITIGATION ........................................................................................................................................................... 30 353 vi UNDERWRITING ................................................................................................................................................... 31 RATING ................................................................................................................................................................... 31 NO CONFLICTS OF INTEREST ............................................................................................................................ 31 SECONDARY MARKET DISCLOSURE .............................................................................................................. 31 Prior Compliance with Continuing Disclosure Undertakings ..................................................................... 32 DISCLOSURE STATEMENT ................................................................................................................................. 32 ADDITIONAL INFORMATION AND MISCELLANEOUS ................................................................................ 32 APPROVAL OF OFFICIAL STATEMENT ........................................................................................................... 33 APPENDIX A: SUMMARY OF THE CITY OF BOZEMAN GENERAL FUND FINANCIAL STATEMENTS ................................................................... A-1 Statement of Revenues, Expenditures & Changes in Fund Balance – General Fund ................. A-2 Balance Sheet – General Fund .................................................................................................... A-3 APPENDIX B: ECONOMIC AND DEMOGRAPHIC INFORMATION ........................................................... B-1 APPENDIX C: CONTINUING DISCLOSURE ................................................................................................... C-1 APPENDIX D: FORM OF LEGAL OPINION ................................................................................................... D-1 APPENDIX E: BOOK-ENTRY SYSTEM ........................................................................................................... E-1 APPENDIX F: CITY OF BOZEMAN COMPRENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2021............................................................................ F-1 354 1 $6,730,000 City of Bozeman, Montana General Obligation Bonds, Series 2022 SUMMARY STATEMENT The following summary is qualified in its entirety by reference to the detailed information appearing elsewhere in this Official Statement. No person is authorized to detach this Summary Statement from this Official Statement or to otherwise use it without this entire Official Statement. ISSUER .................................. The City of Bozeman, Montana (the “City”) is located in Gallatin County (the “County”) in southwestern Montana and serves as the County seat. The City is situated along Interstate 90, approximately 143 miles west of the City of Billings, and 160 miles southeast of the City of Missoula. The City had a 2020 Census population estimate of 53,293 according the U.S. Census Bureau, an increase of 43.0% over the 2010 Census estimate of 37,280. The City is currently the State’s fourth largest municipality by population behind the cities of Billings, Missoula and Great Falls. (See “THE CITY” herein.) INTEREST AND REDEMPTION ................... Interest is payable semiannually each January 1 and July 1, commencing January 1, 2023. For so long as the Bonds are held in book-entry format, principal and interest payments will be made as described under the heading “THE BONDS - Book-Entry System.” The Bonds maturing on or after July 1, 2033 are subject to optional redemption on July 1, 2032 and any day thereafter at a price equal to the principal amount being redeemed plus interest accrued to the date of redemption, without premium. Term Bonds are subject to mandatory sinking fund redemption. (See “THE BONDS – Redemption” herein.) AUTHORITY FOR ISSUANCE ................ The Bonds are being issued accordance with the provisions of Title 7, Chapter 7, Part 42, Montana Code Annotated, and pursuant to a resolution to be duly adopted by the City Commission on or about June 28, 2022 (the “Bond Resolution”). (See “THE BONDS – Authorization” herein.) SOURCE OF REPAYMENT .................... The Bonds are general obligations of the City, payable from general ad valorem taxes to be levied on all taxable property in the City, without limitation as to rate or amount. (See “THE BONDS – Security” herein.) USE OF PROCEEDS ........................ The proceeds of the Bonds will be used for the purpose of (i) paying the costs of designing, constructing, equipping, and furnishing a new Fire Station 2 (the “Project”); and (ii) paying the costs associated with the sale and issuance of the Bonds. (See “THE BONDS – Purpose and Sources and Application of Funds” herein.) 355 2 THE BONDS Description of the Bonds The City’s General Obligation Bonds, Series 2022 (the “Bonds”) will be issued as fully registered bonds and will be registered in the name of Cede & Co., as registered owner and nominee for DTC as securities depository for the Bonds. Individual purchases and sales of the Bonds may be made in book-entry form only, in the principal amount of $5,000 within a single maturity and in integral multiples thereof. The Bonds will be dated, as originally issued, as of their Date of Delivery. The Bonds shall mature on July 1 in the years and amounts set forth on the inside cover hereof and shall bear interest from the date of original registration to their respective maturities, or date of prior redemption, at the interest rate or rates per annum as shown on the inside cover hereof. Interest on the Bonds will be payable semi-annually on January 1 and July 1 (each an “Interest Payment Date”), commencing January 1, 2023, by wire transfer on the Interest Payment Dates to Cede & Co. Interest on the Bonds will be payable to the Beneficial Owners of record as of the close of business on the 15th day of the month immediately preceding an Interest Payment Date. Principal and interest payments to the Beneficial Owners of the Bonds are to be made as described herein under “Book-Entry Form.” Registrar The City has appointed U.S. Bank Trust Company, National Association, a national banking association organized under the laws of the United States, to serve as paying agent and registrar (the “Registrar”) for the Bonds. The Registrar is to carry out those duties assignable to it under the Bond Resolution. Except for the contents of this section, the Registrar has not reviewed or participated in the preparation of this Official Statement and assumes no responsibility for the nature, contents, accuracy, fairness or completeness of the information set forth in this Official Statement or for the recitals contained in the Bond Resolution or the Bonds, or for the validity, sufficiency, or legal effect of any of such documents. The mailing address of the Registrar is U.S. Bank Trust Company, National Association, 170 South Main, Suite 200, Salt Lake City, Utah 84101, Attention: Corporate Trust Services. Additional information about the Registrar may be found at its website at https://www.usbank.com/corporatetrust. The U.S. Bank website is not incorporated into this Official Statement by such reference and is not a part hereof. Redemption Optional Redemption. The Bonds with stated maturities in the years 2023 through 2031 shall not be subject to redemption prior to their stated maturities. The Bonds with stated maturities on or after July 1, 2033 will be subject to redemption on July 1, 2032, and any day thereafter, at the option of the City, in whole or in part, at a redemption price equal to the principal amount thereof to be redeemed plus interest accrued to the redemption date, without premium. If less than all of the Bonds are to be redeemed, the Bonds to be redeemed shall be from such stated maturities and in such principal amounts as the City may designate in writing to the Registrar (or, if no designation is made, in inverse order of maturities and within a maturity in $5,000 principal amounts selected by the Registrar by lot or other manner as directed by the City). Mandatory Sinking Fund Redemption. The Bonds with a stated maturity in the years 2033, 2035, 2037, 2039, and 2042 are Term Bonds and are subject to mandatory sinking fund redemption prior to maturity on July 1, in year 2032 for the Term Bond maturing in 2033; in year 2034 for the Term Bond maturing in 2035; in year 2036 for the Term Bond maturing in 2037; in year 2038 for the Term Bond maturing in 356 3 2039; and in each of the years 2040 and 2041 for the Term Bond maturing in 2042, in $5,000 principal amounts selected by the Registrar, by lot or other manner as directed by the City at a redemption price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption, from mandatory sinking fund deposits in the total principal amount set forth below. 2033 Term Bond 2035 Term Bond Date Redemption Amount Date Redemption Amount July 1, 2032 $325,000 July 1, 2034 $355,000 July 1, 20331 340,000 July 1, 20351 370,000 Total $665,000 Total $725,000 2037 Term Bond 2039 Term Bond Date Redemption Amount Date Redemption Amount July 1, 2036 $385,000 July 1, 2038 $100,000 July 1, 20371 400,000 July 1, 20391 435,000 Total $785,000 Total $535,000 2042 Term Bond Date Redemption Amount July 1, 2040 $450,000 July 1, 2041 470,000 July 1,20421 485,000 Total $1,405,000 __________________ 1 Maturity. Notice of Redemption. Notice of redemption stating the redemption price, the date fixed for redemption, the numbers of the Bonds, the interest rates, CUSIP numbers, and the maturity dates of the Bonds or portions thereof called for redemption will be mailed by first-class mail, or by such other means required by the securities depository, to the holder of each Bond to be redeemed at such person’s address as shown in the bond register at least thirty days before the redemption date; provided that any defect in or failure to give such notice will not affect the validity of proceedings for the redemption of any Bond not affected thereby. Notice of the redemption of any Bond having been given as so provided and funds sufficient for its payment with accrued interest having been deposited with the Registrar on or before the redemption date, interest on such Bond will cease to accrue on the redemption date, and the holder will have no further rights with respect thereto or under the Bond Resolution except to receive the redemption price so deposited. Book-Entry System The Bonds will be issued under a book-entry system, initially registered to Cede & Co., as nominee of The Depository Trust Company (“DTC”), New York, New York, which will act as securities depository for the Bonds. Individual purchases of the Bonds will be made in the principal amount of $5,000, or integral multiples thereof within a single maturity. When the Bonds are issued, ownership interest will be available to purchasers only through a book-entry system (the “Book-Entry System”) maintained by DTC or such other depository institution designated by the City pursuant to the Bond Resolution. See Appendix E to this Official Statement for further information about the Book-Entry System. The information presented 357 4 in Appendix E was obtained from DTC, and the City makes no representation as to the accuracy or completeness thereof. If the Bonds are removed from the Book-Entry System and delivered to the person named as the registered owner of the Bonds on the registration records maintained by the Registrar in physical form, as described in Appendix E, the discussion therein of the Book-Entry System will not apply. Authorization The Bonds are being issued in accordance with the provisions of an authorizing resolution (the “Authorizing Resolution”) adopted by the City Commission on May 10, 2022 and pursuant to a final resolution to be duly adopted by the City Commission on or about June 28, 2022 (the “Bond Resolution”) providing security for the Bonds in accordance with the provisions of Title 7, Chapter 7, Part 42, Montana Code Annotated. The electors of the City authorized the issuance of the principal amount of up to $6,730,000 in general obligation bonds for the Fire Station Project (the “Bond Authorization”) at the regular election duly called, noticed and held on November 2, 2021. A total of 41.6% of those registered to vote in the City cast ballots, with 9,211 (68.7%) voting in favor of and 4,206 (31.3%) voting against the issuance of the bonds for the Project. The Bonds in the principal amount of $6,730,000 represent the first and only series of bonds under the Bond Authorization. Security The Bonds are general obligations of the City payable from the proceeds of an ad valorem tax, which the City will covenant to levy annually on all taxable property within the City, without limitation as to rate or amount. The full faith and credit and taxing power of the City will be pledged to the payment of the Bonds. Purpose and Sources and Application of Funds The proceeds of the Bonds will be used for the purpose of (i) paying the costs of designing, constructing, equipping, and furnishing a new Fire Station 2 (the “Project”); and (ii) paying the costs associated with the sale and issuance of the Bonds. Construction on the Project is expected to commence in July 2022 and is expected to be completed by March 2024. The estimated sources and application of funds are shown in the following table. Total Sources of Funds: Principal Amount of the Bonds $6,730,000.00 Original Issue Premium 515,591.10 Total Sources of Funds $7,245,591.10 Application of Funds: Deposits to the Project Fund $7,173,063.60 Costs of Issuance of the Bonds1 72,527.50 Total Application of Funds $7,245,591.10 __________________ 1 Includes Bond Counsel fees, Underwriter’s discount, costs of printing and distributing the Preliminary and final Official Statements, rating agency fees, initial Registrar fees, and other related fees and expenses. 358 5 GENERAL FINANCIAL INFORMATION Financial Operations, Sources of Revenue, and Budgeting Process General. The fiscal year of Montana local governments begins on July 1. Montana local governments rely on local property taxes as the principal source for funding their general operations under rules prescribed by the State Legislature. Historically, cities were permitted to levy special purpose levies for pension, insurance, debt service, and other categories permitted by State law. The mill levy rate (“mills”) is determined by dividing the tax receipts budgeted to be received by a taxing jurisdiction by the taxable value of all taxable property within such jurisdiction. The tax on each property is then determined by applying the mills to the taxable value of the property. The fiscal year of the City and other taxing bodies in the State commences July 1 of each year and ends June 30 of the following year. Property taxes are generally payable in two installments, due on November 30 and May 31 of each fiscal year. If not paid on or before these dates, property taxes become delinquent and accrue interest at a rate of 5/6 of 1% per month from and after such delinquency until paid, plus 2% of the amount delinquent as a penalty. For fiscal year ending June 30, 2022, the City levied 154.12 total mills, including 29.33 mills for the general fund, which constitutes approximately 53% of the City’s general fund budget. Other sources of funding for Montana cities include state, county, and federal revenues, fines, special assessments, charges for services, license and permit fees and investment earnings. Local governments, even home rule municipalities, may only impose taxes as authorized by State law. (See “CITY FINANCIAL INFORMATION – Authorized Levy Authority, Budgeted Levy, and Unused Levy Authority” and “APPENDIX A – SUMMARY OF THE CITY OF BOZEMAN GENERAL FUND FINANCIAL STATEMENTS” herein.) Limitation on Amount of Tax Levy. Current law codified in Title 15, Chapter 10, Part 4, Montana Code Annotated, as amended from time to time, limits the total amount of property taxes which can be levied to the number of mills required to generate the amount of property tax actually assessed in the prior year, based on the current year taxable value, less newly taxable value, plus one-half the average rate of inflation for the prior three years, subject to certain exceptions. A local government that does not impose the maximum allowable levy in any given year may carry forward the authority to impose mills in a subsequent tax year equal to the difference between the amount actually levied and the authorized amount. Tax collections may be increased due to growth in of the property tax base from (a) annexation of real property and improvements, (b) construction, expansion, or remodeling, (c) transfer of property, (d) reclassification of real property, and (e) revaluation caused by expansion, addition, replacement or remodeling. (See “CITY FINANCIAL INFORMATION – Authorized Levy Authority, Budgeted Levy, and Unused Levy Authority” herein.) A local government taxing jurisdiction may also impose, without limitation: (a) additional levies authorized by the voters of the jurisdiction, including amounts necessary to pay voted general obligation debt; (b) property taxes levied to pay premiums of certain insurance policies procured by the local government and contributions to certain state employment benefit plans; (c) certain mining proceeds taxes; (d) mills levied to account for a decrease in reimbursements from the State; (e) levies to pay for legal judgments against the jurisdiction; (f) levies to repay property taxes paid under protest; or (g) an emergency levy in the case of a natural disaster or an unforeseen event affecting a school or community college district budget. Taxes necessary to pay principal of and interest on general obligation bonds, including the Bonds, are levied without limitation as to rate or amount. 359 6 Budget Process. The City adopts an annual budget for all of its funds in accordance with the Montana Local Government Budget Act (Montana Code Annotated Title 7, Chapter 6, Part 40). Statute requires the adoption of a preliminary budget, public hearings on the preliminary budget and the final adoption of the budget by the later of the first Thursday after the first Tuesday in September or within 30 calendar days of the receipt of the certified taxable valuations from the DOR. The City must also submit a copy of the final budget to the Department of Administration by the later of October 1 or 60 days after the receipt of taxable values from the DOR. State statute limits the making of expenditures or incurring of obligations to the amount of the final budget as adopted or as amended. Budget transfers and amendments are authorized by law, and in some instances, may require further public hearings. Any budget amendments providing for additional appropriations must identify the fund reserves, unanticipated revenue, or previously unbudgeted revenue that will fund the appropriations. Appropriations are created by fund, function, and activity and may further be detailed by department. Expenditure limitations imposed by law extend to the department level which is identified as the legal level of budgetary control. CARES Act and ARPA Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Congress passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) in March 2020 (See “COVID-19” herein.) The CARES Act created several funding sources to support state and local governments, including the $150 billion Coronavirus Relief Fund for expenditures to the public health crisis, of which Montana received $1.25 billion with $50 million used to establish the Emergency Housing Assistance program to provide rent, security deposits, or mortgage payments for those who lost a job or suffered income loss due to the pandemic, subject to certain thresholds and requirements. In December 2020, Congress passed an additional funding through the Coronavirus Response and Relief Supplemental Appropriations Act (the “CRRSA Act”). The City received $1,258,072 in fiscal year 2019/20 and $3,305,791 in fiscal year 2020/21 from the CARES Act Coronavirus Relief Fund. American Rescue Plan Act of 2021 (“ARPA”). In March 2021, Congress passed the American Rescue Plan Act of 2021 (“ARPA”) that authorized another $65.1 billion to cities/towns/villages. ARPA funds are divided into two categories depending on the size of the municipality: (i) metropolitan cities or “Entitlement Communities” (population greater than 50,000) and (ii) non-entitlement unit of local governments (“NEUs”). At the time of the allocation, the City was considered a NEU based on the population information available at that time. ARPA funds must be obligated by December 31, 2024 and spend by December 31, 2026. NEUs request and receive funds from the Montana Department of Administration and Entitlement Communities (in Montana only the cities of Great Falls, Billings, and Missoula) request and receive funds directly from the U.S. Treasury. Eligible uses for APRA funds include to (i) to respond to public health emergency with respect to COVID-19 or its negative economic impacts, including assistance to households, small business, and non-profits, or aid to impacted industries such as tourism, travel, and hospitality; (ii) provide premium pay up to an additional $13 per hour in wages for workers performing an essential function in the pandemic, or provide grants to eligible local employers for premium pay to essential workers; (iii) backfill reduced or lost revenue to continue providing government services; and (iv) make infrastructure investments in water, sewer or broadband infrastructure. However, funds may not be used for pensions or tax cuts. 360 7 Montana was allocated a total of $135,983,876 that is spread across 128 municipalities, with the City ranking 4th with a total amount allocated of $12,728,797 or 9.4% of the total Montana allocation. Municipalities will receive the APRA funds in two tranches, with the initial 50% distributed in June 2021 and the second and final tranche to be distributed approximately 12 months later (or June 2022). The table below shows the amount allocated to the top seven municipalities across Montana, with each allocated at least $6.2 million or more, together accounting for $85,989,547 or 63.2% of the total Montana allocation, with the remaining 121 municipalities received $2.5 million or less. Montana ARPA Allocations to Municipalities Municipality Amount Allocated Percent of Total Allocation ($135,98,387.01) City of Great Falls $19,472,737.00 14.3% City of Billings 15,940,314.00 11.7 City of Missoula 14,192,996.00 10.4 City of Bozeman 12,728,796.93 9.4 City-County of Butte-Silver Bow 8,918,663.98 6.6 City of Helena 8,461,172.15 6.2 City of Kalispell 6,274,866.98 4.6 Other 121 Municipalities 49,994,328.97 36.8 Total $135,983,876.01 100.0% Source: National League of Cities. The City has allocated all of its CARES Act and ARPA funding, which will be used for water and wastewater improvements, community activities including childcare center impact fee reimbursements, and support services in the community for urgent, temporary, and permanent housing needs. The Montana Property Tax System General. As a general rule, all real and personal property in the State is subject to taxation by both the State and its counties, municipalities and other political subdivisions to finance various general and special governmental functions and capital improvements. This rule is subject to exceptions in the case of specified classes of exempt property, including public property, property of churches, schools, hospitals, cemeteries and charities, household goods, certain agricultural products, automobiles, smaller trucks, business inventory, money and credits. The State imposes a beneficial use tax upon property otherwise exempt from property tax used by private parties or for industrial trade or business purposes. Property is classified according to its use and character, and the different classes of property are taxed at different percentages of their assessed valuation. Both cities and counties can grant property tax benefits to new and expanding businesses within their jurisdictions, but only with respect to the taxes they levy and only for a period of up to five years. The amount of property tax payable with respect to any piece of property other than mines, agricultural land, and forest land is the product of the assessed value of the property, times the rate of taxation per classification (the “taxable value”), which is set by the Legislature, times the number of mills levied by each taxing jurisdiction, all as more fully described herein. 361 8 Classification. Currently, there are 15 classifications of property for tax purposes. The taxable value for property is determined by applying a statutorily established percentage tax rate to the assessed value of the property (or to other amount) as follows: Property Class Description Tax Rate One Net Mine Proceeds 100% of annual net proceeds less expenses Two Gross Proceeds of Metal Mines 3.00% of annual gross proceeds Three Agricultural Land 2.16% of productive capacity Four Residential 1.35% to 1.89%1 Commercial 1.89%1 Five Pollution Control, Electric/Telephone Coops, etc. 3.00% of assessed value Seven Non-Centrally Assessed Utilities 8.00% of assessed value Eight Business Equipment 1.50% and/or 3.00% of assessed value2 Nine Pipelines, Non-Electric Generating Property of Electric Utilities 12.00% of assessed value Ten Forest Land 0.37% of forest productivity value Twelve Airlines and Railroads Varies Thirteen Electrical Generation and Telecommunications 6.00% of assessed value Fourteen Renewable Energy Production and Transmission 3.00% of assessed value Fifteen Carbon Dioxide and Liquid Pipeline 3.00% of assessed value Sixteen High-Voltage Converter Station 2.25% of assessed value Seventeen Qualified Data Center Land/Improvements/Furniture/Fixtures, etc. 0.90% of assessed value __________________ 1 See “GENERAL FINANCIAL INFORMATION – The Montana Property Tax System – Class Four Property Tax Rates” herein. 2 See “GENERAL FINANCIAL INFORMATION – The Montana Property Tax System – Class Eight Property Tax Rates” herein. Appraisal, Assessment, and Revaluation. All taxable property except farm land and mines is to be assessed at 100 percent of assessed value, which is determined by the Montana Department of Revenue (the “Department of Revenue” or the “DOR”). The Department of Revenue determines the assessed value of most real property by appraisal using one or more of the three accepted appraisal approaches: (a) the cost approach, based on the cost of the property, using the national cost service manuals and the Montana Appraisal Manual; (b) the sales comparison approach, based on comparable arm’s-length sales; and (c) the income approach, based on a calculation of the net property income (reflected by market rents minus property management and other expenses). The Montana Constitution requires that property tax values be equalized across the State, and the efforts to determine assessed values of taxable property on a consistent basis across the State are intended to ensure that similarly situated taxpayers are treated the same. The assessed and taxable values of most classes of property are assessed on a county-by-county basis and are attributed to the local taxing jurisdictions in which the property is located. Prior to January 1, 2015, Class Three, Four and Ten property was reappraised every six years and all other property was reappraised annually. The 2015 Legislature changed the reappraisal process for Class Three and Four property to a two-year cycle, changed certain tax rates, and eliminated certain exemptions utilized under prior law. The Department of Revenue’s most recent reappraisal for Class Three and Four property was as of January 2021 and will be effective for fiscal years 2021/22 and 2022/23. Class Ten property remains on a six-year reappraisal cycle with any increases in assessed value phased-in at a rate of 16.66% per year for six years, with the most recent reappraisal cycle commencing January 1, 2021. The DOR is required to appraise all other classes of property annually. 362 9 Current Two-Year Reappraisal Cycle and Taxation Timeline for Class Three and Four Property Dates Tax Year 2021 Fiscal Year 2021/22 Tax Year 20221 Fiscal Year 2022/231 Action1 1. January 1, 2021 January 1, 20221 The effective date for the two-year reappraisal cycle values applicable for the tax rolls, which includes new construction valuation as of this date. Values are as of January 1, 2020 for the reappraisal cycle commencing January 1, 2021 based on sales data and other valuation methodologies established in State law. 2. July 2021 (not later than the first Monday in August) July 20221 (not later than the first Monday in August) The DOR sends new certified assessed and taxable valuations to taxing jurisdictions for budget purposes based on the valuations effective as of January 1, 20211. 3. July 2021 July 2022 The DOR mails classification and appraisal notices to all property taxpayers that identify the appraised value of such property. 4. August 2021 August 2022 Budgets and mill levy rates are set by all taxing jurisdictions for the fiscal year which are provided to the county. 5. October 30, 2021 October 30, 2022 Property tax bills are mailed to taxpayers. 6. November 30, 2021 November 30, 2022 First half property taxes are due to the county treasurer by taxpayers. 7. May 31, 2022 May 31, 2023 Second half property taxes are due to the county treasurer by taxpayers. __________________ 1 The valuation of applicable new construction on the tax rolls as of January 1, 2022 will be added to the reappraisal value established January 1, 2021. Centrally Assessed Property. The DOR is required to “centrally assess” certain types of property owned by corporations or other entities operated as a single, integrated continuous property located in more than one county. Property to be centrally assessed includes telegraph, telephone, microwave, electric power or transmission lines, natural gas or oil pipelines; property of scheduled airlines; railroad transportation properties operating in more than one county or more than one state; net proceeds of mines; and gross proceeds of coal mines. These properties are assessed each year, and the property values, other than railroad property values, are apportioned by the DOR among the counties in which such property is located, either on a mileage basis or on the basis of the original installed cost of the property located in the respective counties. If neither of these methods is appropriate, the DOR may adopt such other method or basis of apportionment as it determines to be proper. Centrally assessed property constitutes a significant amount of taxable values of most counties. The DOR and the owner of property to be centrally assessed may agree to have the property assessed by a qualified independent appraiser, agree to share the costs of the appraisal and agree to accept the result. Otherwise, the DOR will assess those properties as described below. State law does not describe the factors to be taken into consideration by the DOR in determining the assessed value of public utilities, but rather states the appraisal is to be made using factors determined proper by the DOR. Pursuant to its rules, the DOR uses the unit method of valuation to appraise centrally assessed property when appropriate. The unit method may include a cost indicator method, a capitalized income indicator and a market indicator. If in the DOR’s judgment these indicators fail to reflect a company’s value or there is insufficient information to use those methods, it may adopt a different method 363 10 or methods to reflect the company’s assessed value. Further, the DOR may derive a market, or stock and debt indicator of value based on outstanding securities and liabilities, or construct a market indicator using sales comparison data or any other analysis or data bases for similar property. The income indicator may be determined by using capitalization of historical income, capitalization of projected income, discounted cash flow analysis or other method. As provided by law, a railroad system’s property value is calculated by starting with the railroad system’s property value for the previous year and adjusting up or down by an amount calculated to reflect the changes in the system’s income, gross profit margin and depreciated property costs. Railroad property values are apportioned among the states and the counties in which the property is located, based on the average of the ratios of the track miles, revenue ton miles, gross investment, operating revenue and railroad car and locomotive miles in each state or county to the railroad system as a whole. On or before June 1 of each year, the DOR must notify owners of centrally assessed property of the appraisal and report. Such values must be reported to the counties on or before July 1 of each year. Property owners may appeal their assessed valuation to the State Board of Tax Appeals. Class Four Property Tax Rates. The tax rates in the following table apply to Class Four property. The taxable value is calculated by applying the tax rate to the assessed value of property, which is then multiplied by the number of mills levied by each taxing jurisdiction to calculate the taxes payable by each property owner. Class Four Tax Rates Applied to “Assessed Value” to Calculate “Taxable Value” (Commencing in Fiscal Year 2015/16) Residential Property Commercial & Industrial Property Residential Tax Rate Portion of Assessed Value in Excess of $1.5 million Commercial Tax Rate Golf Courses 1.35% 1.89%1 1.89%2 0.945%3 __________________ 1 The tax rate for the portion of the assessed value of a single-family residence in excess of $1.5 million is equal to the residential tax rate multiplied by 1.4. 2 The tax rate for commercial property is the Residential Tax Rate multiplied by 1.4. 3 The tax rate for commercial property that is a golf course and meets certain criteria is one-half the Commercial Tax Rate. Class Eight Property Tax Rates Under current law, the first $100,000 in assessed value of Class Eight business equipment property owned by a person or entity is exempt from taxation. Class Eight property is taxed at 1.5% for the first $6 million of assessed value subject to taxation in excess of the $100,000 exempt amount, and at a rate of 3% for assessed value subject to taxation in excess of $6 million. Pursuant to legislation enacted by the 2021 Legislature, the exempt amount of Class Eight business equipment property is increased to $300,000, effective for tax years beginning after December 31, 2021. In addition, personal property intended for rent or lease in the ordinary course of business is generally exempt from property tax if the cost of such property is less than $15,000 and the lease period does not exceed one month. Certification of Values, Levy and Collection of Taxes and Tax Liens. The Department of Revenue is required by law to furnish assessed and taxable values to each taxing jurisdiction prior to the first Monday in August and the assessed and taxable values of centrally assessed property on or before July 1 to enable local governments to prepare fiscal year budgets. The fiscal year of the City and other taxing jurisdictions commences July 1 of each year and ends June 30 of the following year. The amount of real property taxes and taxes on centrally assessed personal property and equipment to be levied and collected in each fiscal year by the City is determined in July and 364 11 August as a part of the budget process. Taxes are levied against the taxable value of property in the City based on the certified taxable value as of the preceding January 1 as described above. Tax bills are assembled by the County Treasurer based on the combined mill levies of the city, county, school district and special taxing jurisdictions in which the subject property is located, in addition to any State mill levies. Taxes are payable in two installments. Bills are normally sent to property owners on October 30, and installments become due on November 30 and May 31. For example, taxes for the fiscal year ending June 30, 2022 are payable in substantially equal installments due on November 30, 2021 and May 31, 2022, based on the mill levies established in August 2021 and on the assessed and taxable value of the property as of January 1, 2021. Class Eight or “business equipment” taxes are billed and collected on a different schedule. The owners of personal property report the property they own as of January 1 of each year. The property is assessed by the local representatives of the DOR in May of each year. The tax bills are distributed in July and are due within 30 days of receipt. All property taxes are collected by the counties and remitted to the various taxing jurisdictions. Under State law, if property taxes are not paid in full when due, the delinquent installment bears a penalty and interest at a delinquent rate and, if not paid, the property is sold at tax sale. Current law provides that delinquent installments bear interest at a rate of 5/6 of 1% per month (10% per annum) and a penalty of 2%. Property subject to a property tax lien may be redeemed by the owner, the occupant, a mortgagee, a contract vendor or any other interested party within 36 months after the date of the tax sale or within 60 days after notice of application for a tax deed, whichever is later; provided, however, that if the property is subdivided as a residential or commercial lot upon which special improvement district assessments or rural special improvement district assessments are delinquent and upon which no habitable dwelling or commercial structure is situated, redemption must be made within 24 months after the date of the tax sale or within 60 days after notice of application for a tax deed, whichever is later. Enforcement of a property tax lien may be a lengthy process. A local government taxing jurisdiction may also impose, without limitation: (a) additional levies authorized by the voters of the jurisdiction, including amounts necessary to pay voted general obligation debt; (b) taxes levied to pay premiums of certain insurance policies procured by the local government and contributions to certain state employment benefit plans; (c) certain mining proceeds taxes; (d) mills levied to account for a decrease in reimbursements from the State; (e) levies to pay for legal judgments against the jurisdiction; (f) levies to repay taxes paid under protest; or (g) an emergency levy in the case of a natural disaster or an unforeseen event affecting a school or community college district budget. (The remainder of this page intentionally left blank.) 365 12 CITY FINANCIAL INFORMATION Financial Summary As of the Date of Delivery of the Bonds 2020 City Population1 .................................................................................... 53,293 2021/22 Assessed Valuation .......................................................................... $10,724,564,866 2021/22 Taxable Valuation2 ........................................................................... $155,352,503 General Obligation (“Direct”) Debt Outstanding (including the Bonds)3, 4 ... $48,599,577 Overlapping General Obligation Debt Outstanding4 ...................................... $105,693,730 Total Direct and Overlapping General Obligation Debt Outstanding3, 4 ........ $154,293,307 Total General Obligation Debt Capacity Remaining3, 4 .................................. $219,514,544 _________________ 1 According to estimates from the U.S. Census Bureau. 2 The taxable valuation presented above excludes incremental valuations for tax increment financing districts within the City, which equaled $11,485,638 for fiscal year 2021/22. 3 Assumes the issuance of the Bonds and the City’s other outstanding general obligation debt. (See “CITY FINANCIAL INFORMATION – Schedule of General Obligation Bond Debt Service” herein.) 4 Excludes debt service payments due on or before July 1, 2022 for outstanding bonds, excluding the balances for the Intercap Loans (defined herein) which are as of June 30, 2021. Future Financing The electors of the City authorized the issuance of the principal amount of up to $2,280,000 in general obligation bonds for a recreation facilities project at the regular election duly called, noticed and held on November 2, 2021. The City anticipates issuing these bonds in early 2023. Other than the Bonds and the bonds for the recreation facilities project, the City does not anticipate, as of the date of this Official Statement, the need to incur any additional indebtedness during the next twelve months. Summary of Overlapping Debt The following information sets forth the indebtedness of the City following the issuance of the Bonds and of taxing jurisdictions with boundaries that overlap with all or portions of the City that have general obligation debt outstanding. General Obligation Bonds Outstanding1 Outstanding Debt Chargeable to Property Within the City Percent Amount Gallatin County2 $21,190,000 35.5% $7,522,450 Bozeman Elementary School District 42,185,000 69.3 29,234,205 Bozeman High School District 119,475,000 57.7 68,937,075 Total Overlapping General Obligation Debt1...................................................... $105,693,730 Total Direct Debt1, 3 ............................................................................................. 48,599,577 Total Direct and Overlapping General Obligation Debt1, 2, 3 ............................... $154,293,307 _________________ 1 Excludes debt service payments due on or before July 1, 2022 for outstanding bonds, excluding the balances for the Intercap Loans (defined herein) which are as of June 30, 2021 2 The voters of the County recently approved the issuance by the County of up to $29,000,000 in principal amount of general obligation bonds to pay costs of a new county courts building. As of the date of this Official Statement, the County has not issued bonds pursuant to such authorization and the authorized, but unissued amounts are not included above. 3 Assumes the issuance of the Bonds and the City’s other outstanding general obligation debt. (See “CITY FINANCIAL INFORMATION – Schedule of General Obligation Bond Debt Service” herein.) 366 13 General Obligation Debt Ratios As of the Date of Delivery of the Bonds Direct Debt Per Capita1, 2 .................................................................................... $912 Direct and Overlapping General Obligation Debt Per Capita1. 2 ......................... $2,895 Direct Debt to Assessed Valuation1, 2 ................................................................. 0.45% Direct and Overlapping General Obligation Debt to Assessed Valuation1, 2 ...... 1.44% Direct Debt to Taxable Valuation1, 2, 3 ................................................................. 31.28% Direct and Overlapping General Obligation Debt to Taxable Valuation1, 2, 3 ..... 99.32% Assessed Valuation Per Capita ........................................................................... $201,238 Taxable Valuation Per Capita2 ........................................................................... $2,915 __________________ 1 Excludes debt service payments due on or before July 1, 2022 for outstanding bonds, excluding the balances for the Intercap Loans (defined herein) which are as of June 30, 2021. 2 Assumes the issuance of the Bonds and includes other outstanding general obligation debt. (See “CITY FINANCIAL INFORMATION – Schedule of General Obligation Bond Debt Service” herein.) 3 The taxable valuation presented above excludes incremental valuations for tax increment financing districts within the City, which equaled $11,485,638 for fiscal year 2021/22. Debt Limitation Pursuant to State law and except for special provisions concerning general obligation indebtedness incurred for purposes of providing sewer and water service, aggregate outstanding and unpaid general obligation indebtedness for cities cannot exceed 2.50% of the total assessed value of taxable property as ascertained by the last assessment for State and county taxes. The 2021/22 total assessed valuation for the City was $10,724,564,866. The total amount of debt the City may incur according to State law is $268,114,121. Taking into consideration the Bonds in the amount of $6,730,0001 and other general obligation debt outstanding in the amount of $41,869,577 for a total amount of outstanding general obligation debt in the amount of $48,599,5771, the City has $219,514,5441, 2 of general obligation debt capacity remaining. __________________ 1 Assumes the issuance of the Bonds. Excludes debt service payments due on or before July 1, 2022 for outstanding bonds, excluding the balances for the Intercap Loans (defined herein) which are as of June 30, 2021. (See “CITY FINANCIAL INFORMATION – Schedule of General Obligation Bond Debt Service” herein.) 2 If the $2,280,000 approved for the recreation facilities project is taken in to consideration, the City’s remaining debt capacity would be equal to $217,234,544. (See “CITY FINANCIAL INFORMATION – Future Financing” herein.) Debt Repayment Record The City has never defaulted on a payment of principal or interest on any of its general obligation bonds. Furthermore, the City has never issued refunding bonds for the purpose of avoiding an impending default on its general obligation bonds. 367 14 Schedule of General Obligation Bond Debt Service General Obligation Bonds. Other than the Bonds, as of the Date of Delivery of the Bonds, but excluding the debt service payments due on or before July 1, 2022, the City will have outstanding its General Obligation Bonds, Series 2013 (the “Series 2013 Bonds”), General Obligation Bonds, Series 2014 (the “Series 2014 Bonds”), and General Obligation Bonds, Series 2019 (the “Series 2019 Bonds”). Other than the debt described herein and under “Other General Obligation Debt” below, the City will not have any other general obligation debt outstanding as of the Date of Delivery of the Bonds. Some of the interest figures have been rounded. Series 2013 Bonds Series 2014 Bonds Series 2019 Bonds The Bonds Year Principal Interest Principal Interest Principal Interest Principal Interest Total 2023 $460,000 $251,400 $230,000 $137,350 $1,330,000 $1,040,750 $205,000 $299,680 $3,954,180 2024 475,000 237,600 235,000 131,600 1,370,000 1,000,850 220,000 288,600 3,958,650 2025 490,000 224,300 245,000 125,725 1,425,000 946,050 230,000 277,600 3,963,675 2026 505,000 208,375 250,000 119,600 1,480,000 889,050 240,000 266,100 3,958,125 2027 520,000 190,700 260,000 109,600 1,540,000 829,850 255,000 254,100 3,959,250 2028 540,000 171,200 270,000 99,200 1,600,000 768,250 265,000 241,350 3,955,000 2029 565,000 149,600 280,000 88,400 1,665,000 704,250 280,000 228,100 3,960,350 2030 585,000 127,000 290,000 77,200 1,730,000 637,650 295,000 214,100 3,955,950 2031 610,000 103,600 305,000 65,600 1,800,000 568,450 310,000 199,350 3,962,000 2032 635,000 79,200 315,000 53,400 1,875,000 496,450 325,000 183,850 3,962,900 2033 660,000 53,800 325,000 40,800 1,950,000 421,450 340,000 167,600 3,958,650 2034 685,000 27,400 340,000 27,800 2,025,000 343,450 355,000 150,600 3,954,250 2035 355,000 14,200 2,110,000 262,450 370,000 136,400 3,248,050 2036 2,155,000 214,975 385,000 121,600 2,876,575 2037 2,205,000 163,794 400,000 106,200 2,874,994 2038 2,260,000 111,425 415,000 90,200 2,876,625 2039 2,310,000 57,750 435,000 73,600 2,876,350 2040 450,000 56,200 506,200 2041 470,000 38,200 508,200 2042 485,000 19,400 504,400 Total $6,730,000 $1,824,175 $3,700,000 $1,090,475 $30,830,000 $9,456,894 $6,730,000 $3,412,830 $63,774,374 Other General Obligation Debt. The City has three loans through Montana Board of Investments Intercap Loan Program for (i) the South 8th Reconstruction (the “South 8th Loan”) that matures in 2022; (ii) street lighting upgrades (the “Street Lighting Loan”) that matures in 2030; and (iii) improvements to the Sports Park- Bronken Park (the “Park Improvements Loan”) that matures in 2029, which are outstanding in the principal amounts of approximately $198,187, $137,538, and $273,852, respectively, as of June 30, 2021. Each loan has payments due each February 15 and August 15 and has a variable interest rate (reset annually each February). The South 8th Loan, Street Lighting Loan, and Park Improvements Loan are referenced herein as the “Intercap Loans.” 368 15 Trends in Property Valuations The 2015 Legislature changed the reappraisal process from a six-year cycle to a two-year cycle for Class Three and Four property, changed certain tax rates, and eliminated the homestead and comstead exemptions that were utilized under prior law. Class Ten property remains on a six-year reappraisal cycle and other property valuations are based on comprehensive appraisals performed by the Department of Revenue each year. See the table titled “Valuation by Property Classification” herein for a breakdown of property by classification as located in the City. (See “GENERAL FINANCIAL INFORMATION – The Montana Property Tax System” herein for a description of changes in the assessment process and calculation of valuation figures.) City Valuation Trends. Set forth in the following table are the assessed and taxable valuations of real and personal property located within the City for the fiscal years 2017/18 through 2021/22. Fiscal Year Assessed Valuation1 Percent Change Taxable Valuation2 Percent Change 2021/221 $10,724,564,866 20.8% $155,352,503 19.9% 2020/21 8,875,762,356 3.3 129,537,117 3.3 2019/20 8,596,253,775 23.1 125,423,197 20.2 2018/19 6,981,943,409 3.5 104,321,416 3.1 2017/18 6,745,351,312 --- 101,194,775 --- __________________ 1 The assessed valuation for fiscal year 2021/22 is based on the reappraisal effective January 1, 2021. 2 Taxable value represents the value after the applicable tax rates are applied to assessed value. The applicable mill levy rates are then applied to the taxable value of taxable property to determine tax revenue. The taxable valuation presented above excludes incremental valuations for tax increment financing districts within the City, which equaled $11,485,638 for fiscal year 2021/22. Source: Department of Revenue City Valuation by Property Classification. The following table shows the assessed and taxable values for each property classification in the City for the 2021/22 fiscal year. Property Classification 2021/22 Assessed Value1 % of 2021/22 Assessed Value 2021/22 Taxable Value1 % of 2021/22 Taxable Value 3 agricultural land $517,983 <0.01% $19,802 0.01% 4 residential 7,998,750,423 74.58 107,510,843 64.44 4 commercial 2,510,196,178 23.41 47,390,305 28.41 5 pollution control, electric and telephone coops, etc. 48,582 <0.01 1,457 <0.01 8 business equipment 110,852,282 1.03 1,900,800 1.14 9 pipelines and non-elec. generating property of elec. utility 64,745,569 0.60 7,769,468 4.66 12 airlines and railroads 4,271,627 0.04 133,275 0.08 13 electrical generation and telecommunication 35,654,777 0.33 2,112,191 1.27 Total $10,725,037,421 100.00% $166,838,141 100.00% _________________ 1 Represents information provided at the Department of Revenue State level and may differ from the certified valuations presented above and includes incremental valuations for tax increment financing districts within the City, which equaled $11,485,638 for fiscal year 2021/22. Source: Department of Revenue 369 16 Major Taxpayers The following table lists the largest taxpayers within the City for fiscal year 2021/22 in declining order of taxable valuation. Taxpayer Business 2021/22 Taxable Value Percent of 2021/22 Taxable Value ($155,352,5031) 1. Northwestern Energy Utility $7,715,364 4.97% 2. Plato MT I Propco LLC Apartments 1,155,293 0.74 3. Verizon Telecommunications 703,856 0.45 4. GKT Bozeman Gateway LLC Real Estate 660,164 0.42 5. Charter Communications Telecommunications 642,189 0.41 6. Bozeman Apartment Group LLC Apartments 610,551 0.39 7. Daum, Harry Retail Mall 566,231 0.36 8. Springs VII At Bozeman LLC Retirement/Assisted Living 546,620 0.35 9. Cannery District Partners LLC Real Estate 543,525 0.35 10. Stone Ridge Partners LLC Healthcare Advisory 516,806 0.33 Total .......................................................................................... $13,660,599 8.79% _________________ 1 Excludes incremental valuations for tax increment financing districts within the City, which equaled $11,485,638 for fiscal year 2021/22. Source: Department of Revenue Tax Collections The following table demonstrates the tax collection history for property taxes levied by the City for fiscal years ended June 30, 2018 through 2022. First half collections are due November 30 and second half collections are due May 31. Fiscal Year Total Tax Levy Amount Collected in Tax Levy Year Current Property Tax Collections as a Percent of Total Tax Levy Total Property Tax Collections as of June 30, 20211 Total Tax Collections as a Percent of Total Tax Levy 2021/22 $23,943,004 $16,727,467 69.86% $16,727,467 69.86% 2020/21 21,454,058 21,017,696 97.97 21,017,696 97.97 2019/20 23,589,506 23,381,671 99.12 23,589,506 100.00 2018/19 19,950,675 19,940,784 99.95 19,950,675 100.00 2017/18 18,956,357 18,791,653 99.13 18,845,082 99.41 2016/17 18,338,501 18,069,230 98.53 18,159,873 99.01 _________________ 1 Includes amount collected in subsequent years. Information for 2021/22 is through February 1, 2022, with prior years through June 30, 2021. Source: The City 370 17 Tax Levies The table below shows the mill rates per $1,000 of taxable value for property located in the City for the fiscal years 2017/18 through 2021/22. - - - - - - - - - - - - Fiscal Year - - - - - - - - - - - - Taxing Entity 2017/18 2018/19 2019/20 2020/21 2021/22 University Millage 6.00 6.00 6.00 6.00 6.00 Statewide School Equalization 40.00 40.00 40.00 40.00 40.00 Countywide School Levy 99.67 102.44 96.45 96.74 91.29 Gallatin County Operating & Bond 91.23 98.87 91.17 97.59 88.24 Open Space Bonds 5.13 4.69 3.90 4.04 4.04 Gallatin College 1.50 1.50 1.50 1.50 1.50 Countywide Planning 2.48 2.50 2.22 1.48 2.18 Gallatin Conservation District 0.89 0.91 0.77 0.91 0.70 City of Bozeman 185.33 189.24 185.70 163.62 152.12 City of Bozeman Planning 2.00 2.00 2.00 2.00 2.00 Bozeman High School District 73.10 108.95 92.77 97.61 84.86 Bozeman Elementary School District 146.92 142.63 125.90 121.74 101.99 Total 654.25 699.73 648.38 633.23 574.92 Source: Department of Revenue and the County Treasurer Authorized Levy Authority, Budgeted Levy, and Unused Levy Authority A historical summary of the City’s financial statements for the General Fund is presented in Appendix A attached hereto. New Parks & Trails District. On May 5, 2020, the City’s voters approved the creation of a Parks & Trails District, which became effective in fiscal year 2020/21. With the creation of the Parks & Trails District, the parks, recreation and aquatics expenditures were no longer accounted for in the General Fund and the City began to levy a special assessment to pay for the personnel, operating, and capital expenditures. The Parks & Trails District had been in development for years with consultants and in the most recent Capital Improvement Plan and internal staffing plan. The Parks & Trails District was created in an effort to solve three major issues of deferred maintenance, equity, and operations and maintenance of all City owned parks. As a result of the creation of the Parks & Trails District, the City shifted funding from property taxes to a charge for services, which also resulted in the decrease in the number of mills required to be levied. The Parks and Trails District Fund accounts for the special assessment and rental revenues collected, and the operating and capital expenditures required to manage and maintain citywide parks and trails. As of June 30, 2021, the Parks & Trails District Fund recorded total revenue of $3,692,061, of which $3,659,522 was for Charges for Services. 371 18 City Levy Authority. The following table shows the total property tax levies by the City, mills levied by the City, and the unused statutory levy authority for upcoming and past five fiscal year. (See “GENERAL FINANCIAL INFORMATION – Financial Operations, Sources of Revenue, and Budgeting Process” herein.) Mills Levied by the City Mills Not Levied by the City Fiscal Year Property Taxes Levied Permissive & Voted Statutory Maximum Utilized Total Mills Unused Statutory Maximum Mills 2022/231 $31,261,062 62.87 141.95 204.82 15.20 2021/222 23,128,172 46.89 107.23 154.12 36.81 2020/21 21,934,610 57.12 112.36 169.48 62.51 2019/20 23,636,229 55.09 133.36 188.45 26.54 2018/19 19,950,675 45.46 145.78 191.24 32.99 2017/18 18,956,859 44.89 142.44 187.33 33.01 _________________ 1 Recommended pursuant to the City’s Manager’s Budget proposal as of May 2022. 2 Revised in August 2021. Source: The City’s 2023 Proposed City Manager’s Budget THE CITY General Information The City of Bozeman, Montana (the “City”) is located in Gallatin County (the “County”) in southwestern Montana and serves as the County seat. The City is situated along Interstate 90, approximately 143 miles west of the City of Billings, and 160 miles southeast of the City of Missoula. The City had a 2020 Census population estimate of 53,293 according the U.S. Census Bureau, an increase of 43.0% over the 2010 Census estimate of 37,280. The City is currently the State’s fourth largest municipality by population behind the cities of Billings, Missoula and Great Falls. The economy of the area is most notably impacted by the contributions of Montana State University, agriculture, technology-based businesses, tourism and recreation and trade center activities. (See “APPENDIX B – ECONOMIC AND DEMOGRAPHIC INFORMATION” herein.) (The remainder of his page intentionally left blank.) 372 19 Government The City is a municipal corporation, organized under the laws of the State of Montana in 1883. A Commission/Manager form of government governs the City with a five member Commission comprised of a Mayor and four Commissioners. The City’s legislative and policy-making body is the City Commission who are elected every two years and serve overlapping four-year terms. The Mayor is the member of the Commission who received the highest number of votes in the regular municipal election. The current City Commission members and the expiration of their respective terms of office are shown in the following table. Elected Official Position Total Years Served on the Commission Expiration of Term Cyndy Andrus Mayor 12 years 12/31/2023 Terry Cunningham Deputy Mayor 4 years 12/31/2023 I-Ho Pomeroy Commissioner 8 years 12/31/2025 Jennifer Madgic Commissioner 2 years 12/31/2023 Christopher Coburn Commissioner 1 year 12/31/2025 The City employs a full time City Manager who is the chief administrative officer of the City. Mr. Jeff Mihelich, with over 28 years of experience with counties and various size cities/towns, has served as the City Manager since May 26, 2020. Prior to serving as City Manager, Mr. Mihelich served as the Deputy City Manager and Chief Operating Officer for the City of Fort Collins, Colorado. Mr. Mihelich earned a Bachelor’s degree in Science, a Master’s degree in Urban and Regional Planning, and is an International City/County Management Association (ICMA) Credentialed City Manager. Mr. Chuck Winn is the Assistant City Manager of the City. Mr. Winn has served in this capacity for 11 years. Prior to his current role, Mr. Winn was a member of the City’s Fire Department and retired as the Fire Chief after 24 years of service. Mr. Winn earned a Bachelor’s degree in Criminal Justice/Police Science. Ms. Rachel Harlow-Schalk is the Interim City Director of Finance and serves as the City’s Chief Financial Officer. Ms. Harlow-Schalk has served in this capacity since February 28, 2022. Prior to joining the City, Ms. Harlow-Schalk most recently served as the City Manager for the City of Helena for 18 months, for the State of Colorado as Deputy Director of Local Government for seven years, and held various positions for the City of Westminster, Colorado over 20 years. Ms. Harlow-Schalk earned a Bachelor’s degree in Hazardous Waste Management, and a Masters’ degree in Politics and Public Administration. Mr. Greg Sullivan is the City Attorney and serves at the pleasure of the Commission. Mr. Sullivan graduated from the University of Montana - School of Law and has served as City Attorney since April 2006. Principal Governmental Services The City provides a number of basic services to its residents which include police and fire protection, the City Court, municipal water, sewer and sanitation systems, public works, transportation, planning, building inspection, zoning enforcement, public library, and parks and recreation. 373 20 Employment and Employee Relations As of May 1, 2022, the City employed 525 full-time equivalent (“FTE”) employees. State law requires municipalities to bargain collectively with formally recognized collective bargaining units. Currently, four unions represent approximately 59% of the City’s FTE employees. The bargaining organizations, number of employees represented and the contract expiration are shown in the table below. The City considers its employee relations to be satisfactory. Bargaining Unit Number of Employees Expiration of Contract Bozeman Firefighters Association 42 06/30/20221 Bozeman Police Protective Association 63 06/30/2024 Teamsters Local #2 104 06/30/2023 Montana Federation of Public Employees 100 06/30/20221 __________________ 1 New contacts are currently in negotiations. Source: The City Pension Plans All full-time City employees are eligible to participate in one of the cost-sharing retirement plans listed below. The plans are established by State law and administered by the State of Montana. The plans are cost-sharing multiple-employer defined benefit plans – PERS (which also has a defined contribution option) and MPORS (all defined herein) that provide retirement, disability and death benefits to plan members and beneficiaries, with amounts determined by the State. The plans are established by State law and administered by the State of Montana. Contribution rates are required and determined by State law. These multiple-employer plans are administered by the State of Montana for a number of public entities in the State. Financial reports for each plan are available by contacting the designated retirement plans. Additional information can be found at http://mpera.mt.gov/index.shtml. Such website is not incorporated into this Official Statement by such reference and is not a part hereof. Public Employee Retirement System (“PERS”). PERS is a statewide retirement plan established in 1945 and governed by Title 19, Chapters 2 and 3 of the Montana Code Annotated, providing retirement services to substantially all public employees. PERS is mandatory unless employees work less than 960 hours per year, once the employee has reached this threshold they become members and remain members going forward. PERS offers retirement, disability and death benefits to plan members and their beneficiaries and covers two retirement plans: the Defined Benefit Retirement Plan (the “DBRP”) and the Defined Contribution Retirement Plan (the “DCRP”). Members choose their plan participation. For members hired before July 1, 2011, benefit eligibility may commence at age 60 with at least five years of service; age 65 regardless of service; or 30 years of service regardless of age. Actuarially reduced benefits may be taken with 25 years of service or at age 50 with at least five years of service. For members hired on or after July 1, 2011, benefit eligibility commences at age 65, with at least 5 years of service, or at age 70 regardless of service. Actuarially reduced benefits may be taken at age 55 with at least 5 years of service. Rights become vested after five years of service. Benefits under the DCRP depend on the amounts contributed and the earnings on those amounts contributed. Benefits under the DBRP are determined based on number of years of service and what is determined to be the “highest average compensation” amount. For example, the monthly retirement benefit for a member hired before July 1, 2011 with less than 25 years of service, or for a member hired after July 1, 2011 with between 10 and 30 years of service, is 1/56 of the member’s “highest average compensation” multiplied by the number of years of the member’s total service credit. 374 21 PERS Current Contribution Rates – Effective July 1, 2022 (based on participant compensation) DBRP Contribution Rates for Members Hired Before 7/1/2011 Hired On or After 7/1/2011 Employee Employer State State/University 7.90% 7.90% 9.07% N/A Local Governments 7.90 7.90 8.97 0.10% K-12 School Districts 7.90 7.90 8.70 0.37 DCRP Contribution Rates for Members Employee Employer State State/University 7.90% 9.07% N/A Local Governments 7.90 8.971 0.10% K-12 School Districts 7.90 8.701 0.37 __________________ 1 In addition to the 8.63% contribution to member retirement accounts, employers also contribute the following to PERS, for a total of 8.97%: Education Fund - 0.04%; and Long-Term Disability Fund - 0.30%. Firefighters’ Unified Retirement System (“FURS”). FURS funding is provided by local units of government, the covered employees and the State. Participants are eligible for benefits after 20 years of service regardless of age or for early retirement at age 50 with at least five years of service. A participant who retires with at least 5 years of service must receive a retirement benefit equal to 2.5% of the participant’s “highest average compensation” for each year of service. “Highest average compensation” means the monthly compensation of a participant averaged over the most highly paid 36 months of the participant’s service. A participant hired before July 1, 1981 who retires with less than 20 years of service is entitled to the greater of (i) 2.5% of the participant’s “highest average compensation” for each year of service or (ii) 2% of the participant’s highest monthly compensation for each year of service. A participant hired before July 1, 1981 who retires with 20 or more years of service is entitled to the greater of (i) 2.5% of the participant’s “highest average compensation” for each year of service or (ii) 50% of the participant’s highest monthly compensation plus 2% of the participant’s highest monthly compensation for each year of service over 20 years. Rights become vested after 5 years of service. FURS Current Contribution Rates (based on participant compensation) Hired Before 07/01/1997 Hired On or After 07/01/19971 Employee Employer State FURS 9.50% 10.70% 14.36% 32.61% __________________ 1 Applies to all previous hires electing the Guaranteed Annual Benefit Adjustment (“GABA”). 375 22 Municipal Police Officers’ Retirement System (“MPORS”). MPORS funding is provided by local units of government, the covered employees and the State. Participants are eligible for benefits after 20 years of service regardless of age or age 50 with at least five years of service. Eligible participants must receive a retirement benefit equal to 2.5% of the participant’s “final average compensation” for each year of service. “Final average compensation” means the participant’s monthly compensation averaged over the last 36 months of the participant’s service. Rights become vested after 5 years of service. MPORS Current Contribution Rates (based on participant compensation) Hired After 06/30/1975 & Before 07/01/1979 Hired After 06/30/1979 & Before 07/01/1997 Hired On or After 07/01/19971 Employee Employer State MPORS 7.00% 8.50% 9.00% 14.41% 29.37% __________________ 1 Applies to all previous hires electing GABA. Actuarial Valuations for PERS and MPORS. The assumptions used in the actuarial valuations are assumptions and subject to change and actual results may vary. Cheiron located in McLean Virginia conducted the actuarial valuations for PERS and MPORS. Statewide Plan Actuarial Valuation Date Actuarial Accrued Liability (“AAL”) (in thousands) Actuarial Value of Assets (“AVA”) (in thousands) Unfunded Actuarial Accrued Liability (“UAAL”) (in thousands) Funded Ratio PERS June 30, 2021 $8,534,629 $6,514,976 $2,019,352 76.3% PERS June 30, 2020 8,234,003 6,099,398 2,134,605 74.1 PERS June 30, 2019 7,957,038 5,903,191 2,053,847 74.2 PERS June 30, 2018 7,730,084 5,705,236 2,024,848 73.8 PERS June 30, 2017 7,578,385 5,514,027 2,064,358 72.8 FURS June 30, 2021 $646,173 $555,517 $90,656 86.0% FURS June 30, 2020 612,294 499,180 113,114 81.5 FURS June 30, 2019 579,103 463,085 116,018 80.0 FURS June 30, 2018 548,241 429,095 119,146 78.3 FURS June 30, 2017 522,288 397,633 124,655 76.1 MPORS June 30, 2021 $694,611 $516,144 $178,467 74.3% MPORS June 30, 2020 666,099 471,328 194,770 70.8 MPORS June 30, 2019 637,866 441,565 196,300 69.2 MPORS June 30, 2018 611,056 413,608 197,448 67.6 MPORS June 30, 2017 562,570 386,259 176,311 68.7 Source: Actuarial Valuation Reports by Cheiron, Inc. Recent Changes to PERS. House Bill 454 (“HB 454”), passed by the 2013 Legislature and signed into law by the Governor, was designed to provide for the funding of PERS on an actuarially sound basis. HB 454 provided for an allocation of coal severance tax revenues to the PERS plan each year, provided for an increase in members’ contributions to 7.90%, an increase in the total employer contribution rate for all employers to 8.17% (combined employer and state contribution rate), and reduced the guaranteed annual benefit adjustment to a maximum of 1.50%, from a maximum of 3.00%. 376 23 Lawsuits were filed challenging the sections of HB 454 that reduced the guaranteed annual benefit adjustment for PERS plans. The plaintiffs in each suit argued that the reductions violated the federal and State constitutions by taking plaintiffs’ property interests without just compensation, violating the State’s contractual commitment to plaintiffs and impairing the State’s contracts with plaintiffs. On March 4, 2015, the district court granted summary judgment in favor of the PERS plaintiffs in the suit challenging HB 454, and permanently enjoined the State from enforcing the section of HB 454 that reduces the guaranteed annual benefit adjustment (“GABA”). The State appealed the district court’s decision in the PERS litigation, and in July 2015, the State and the plaintiffs in the PERS litigation entered into a settlement agreement. The settlement of the PERS litigation has the effect of causing the GABA reductions pertaining to PERS contained in HB 454 to apply prospectively, thereby maintaining the GABA at a maximum of 3.00% with regard to employees participating in PERS hired prior to July 1, 2013. Taking into account the effects of HB 454 as modified by the PERS litigation, and based on the actuarial valuation conducted as of June 30, 2021, the PERS plan is expected to amortize in 28 years. The City – Pension Liabilities In accordance with GASB Statement 68 (“GASB 68”), which provides for Accounting and Financial Reporting for Pensions, employers are required to recognize and report certain amounts associated with their participation in PERS and MPORS. GASB 68 was effective June 30, 2015 and includes requirements to record and report the employer’s proportionate share of the collective Net Pension Liability, Pension Expense, Deferred Inflows and Deferred Outflows of resources associated with pensions. Pursuant to GASB 68, PERS and MPORS have special funding situations in which the State of Montana is legally responsible for making contributions directly to PERS and MPORS. Due to the existence of special funding situations, employers are also required to report the portion of the State of Montana’s proportionate share of the collective Net Pension Liability (“NPL”) that is associated with the employer. The following tables present the City’s liability for its proportionate share of the NPL for PERS, FURS, and MPORS. The NPL for each was measured as of June 30, 2020 and reflects a reporting date of June 30, 2021. The Total Pension Liability (“TPL”) used to calculate the NPL for each was determined actuarial valuations as of July 30, 2020. The City’s proportionate share of each NPL was based on the City’s contributions received by PERS, FURS, and MPORS, respectively, from July 1, 2019 through June 30, 2020, relative to the total contributions received from all PERS, FURS, and MPORS participating employers, respectively. (See “APPENDIX G – CITY OF BOZEMAN ANNUAL COMPREHENSIVE FINANCAL REPORT (“ACFR”) FOR FISCAL YEAR ENDED JUNE 30, 2021 – Note 14-Employee Benefit Plans” attached hereto.) Schedule of the City’s Proportionate Share of the NPL Fiscal Year Ended June 30, 2021 PERS FURS MPORS City’s Proportionate Share of NPL 0.8522% 2.3217% 2.9892% City’s Proportionate Share $22,483,506 $3,632,981 $7,311,248 State’s Proportionate Share Associated with the City 7,096,303 8,189,975 14,746,046 Net Pension Liability $29,579,809 $11,822,956 $22,057,294 City’s Pensionable Employee Payroll (estimated) (“DPEP”) $14,298,930 $4,052,989 $5,120,608 City’s Proportionate Share of NPL as a % of DPEP 157.24% 89.64% 142.78% Plan Fiduciary Net Position as a % of TPL 68.90% 75.34% 64.84% Source: The City and MPERA 377 24 As of June 30, 2021, the City recorded a liability of $22,483,506 for its proportionate share of the PERS. PERS NPL as of June 30, 2021 NPL as of June 30, 2020 06/30/2021 Percent of NPL City’s Proportionate Share $22,483,506 $18,018,039 0.8522% State’s Proportionate Share Associated with the City 7,096,303 5,867,596 0.2690 Total $29,579,809 $23,885,596 1.1212% Source: The City and MPERA As of June 30, 2021, the City recorded a liability of $3,632,981 for its proportionate share of the FURS. FURS NPL as of June 30, 2021 NPL as of June 30, 2020 06/30/2021 Percent of NPL City’s Proportionate Share $3,632,981 $2,518,508 2.3217% State’s Proportionate Share Associated with the City 8,189,975 6,091,025 5.2340 Total $11,822,956 $8,609,533 7.5557% Source: The City and MPERA As of June 30, 2021, the City recorded a liability of $7,311,248 for its proportionate share of the MPORS. MPORS NPL as of June 30, 2021 NPL as of June 30, 2020 06/30/2021 Percent of NPL City’s Proportionate Share $7,311,248 $5,712,381 2.9892% State’s Proportionate Share Associated with the City 14,746,046 11,632,402 6.0290 Total $22,057,294 $17,344,783 9.0182% Source: The City and MPERA As of June 30, 2021, the City recognized a Pension Expense of $4,975,741 for its proportionate share of the respective pension expense, with $3,000,057 allocable to PERS, $704,126 allocable to FURS, and $1,271,558 allocable to MPORS. The City also recognized grant revenue of $5,362,013 for the support provided by the State of Montana for its proportionate share of the pension expense that is associated with the employer, with $1,160,544 allocable to PERS, $1,594,757 allocable to FURS, and $2,606,712 allocable to MPORS. Pension Expense as of June 30, 2021 PERS FURS MPORS Total City’s Proportionate Share $3,000,057 $704,126 $1,271,558 $4,975,741 State’s Proportionate Share Associated with the City 1,160,544 1,594,757 2,606,712 5,362,013 Total $4,160,601 $2,298,883 $3,878,270 $10,337,754 Source: The City and MPERA 378 25 Pension Contributions of the City. The City made the following required employer contributions for the fiscal years shown on behalf of the City employees who participated in the plans listed below. These amounts do not include amounts contributed by the employee. PERS FURS MPORS Fiscal Year City (Employer) Contribution City (Employer) Contribution City (Employer) Contribution 2020/21 $1,302,862 $597,763 $764,283 2019/20 1,239,718 582,009 732,880 2018/19 1,223,234 524,670 684,296 2017/18 1,161,210 548,518 692,318 2016/17 1,081,810 504,303 655,143 Source: The City GASB 45 and 75. The Governmental Accounting Standards Board (“GASB”) has issued a new standard concerning Accounting and Financial Reporting by Employers for Post-Employment Benefits Other than Pensions (“GASB 45”). In addition to pensions, many state and local governmental employers provide other post-employment benefits (“OPEB”) as a part of total compensation to attract and retain the services of qualified employees. OPEB includes post-employment healthcare, as well as other forms of post-employment benefits when provided separately from a pension plan. The new standard provides for the measurement, recognition and display of OPEB access to expenses/expenditures, related liabilities (assets), note disclosures, and if applicable, required supplementary information in the financial reports. GASB Statement No. 75 (“GASB 75”) is effective for fiscal years beginning after June 15, 2017 and is to improve accounting and financial reports for OPEB. GASB 75 requires disclosure of net OPEB liability for the last 10 fiscal years of as many years as available. The City - Health Insurance. The City provides its retiring employees the option to continue participating in the City group health insurance plan (the “Plan”) until death. The retiree may continue coverage for themselves and their covered eligible dependents, if they are eligible for public employees’ retirement by virtue of their employment with the City. The City’s current labor contracts do not include any obligations for payments to retirees. The City also allows terminated employees to continue their health care coverage for 18 months past the date of termination as required by the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”). Retirees and terminated employees pay for the entire cost of the Plan premium. As of May 1, 2022, 48 retirees and/or dependents and as of December 2021 two terminated employees (via COBRA) were enrolled in the Plan. (The remainder of this page intentionally left blank.) 379 26 The Plan allows retirees to participate, as a group, at a rate that does not cover all the related costs. This results in the reporting of an ‘implicit rate’ subsidy in the City’s financial statements. While this liability is disclosed for financial purposes, it does not represent a legal liability of the City. The City’s Total OPEB Liability (“TOL”) as determined using the actuarial entry age normal funding method. The City pays OPEB liabilities on a pay-as-you-go basis. 06/30/2018 06/30/2019 06/30/2020 06/30/2021 Service Cost $256,948 $180,183 $224,433 $218,391 Interest 81,562 88,126 105,809 105,950 Expected vs Actual Experience 431,737 (502,125) 0 (119,793) Estimated Benefit Payments (431,737) (118,184) (116,330) 1270,632 Change in Assumptions (653,711) 225,374 86,881 (8,615) Net Changes $(315,201) $(126,626) $300,793 $1,466,565 Beginning TOL 3,009,656 2,694,455 2,567,830 2,868,623 Ending TOL $2,694,455 $2,567,829 $2,868,623 $4,335,188 Source: The City’s 2021 ACFR The projection of future benefit payments for an ongoing plan involves estimates of the value of reported amounts and assumptions about the probability of occurrence of events far into the future. Such methods, assumptions and estimates are only that and are subject to change. Investments The City’s investments may include cash and cash items; demand, time, saving and fiscal agent deposits; investments in the State Short-term Investment Pool (“STIP”); direct obligations of the United States Government; and repurchase agreements. As of May 1, 2022, the City’s investments had a market value of $130,000, of which $62,000 was held in STIP and $68,000 outside of STIP. Risk Management The City faces a considerable number of risks of loss, including (a) damage to and loss of property and contents; (b) employee torts; (c) professional liability (i.e., errors and omissions); (d) environmental damage; (e) workers’ compensation (i.e., employee injuries); and (f) medical insurance cost of employees. A variety of methods are used to provide insurance for these risks. Commercial policies, transferring all risks of loss except for small deductible amounts, are purchased for property and content damage and professional liabilities. The City participates in two state-wide public risk pools operated by the Montana Municipal Interlocal Authority (“MMIA”) for workers’ compensation and for tort liability. Employee medical insurance is provided through a cost-sharing multiple employer defined benefit plan administered by MMIA. The plan offers health, dental and vision benefits and flexible spending and health savings accounts. Given the lack of coverage available, the City has no coverage for potential losses from environmental damages. Commercial Policies. Coverage limits and the deductibles on the commercial policies have stayed relatively constant for the last several years. The premiums for the policies are allocated between the City’s Enterprise Funds and the General Fund. Premiums are subsidized through a special purpose property tax levy, based on total appropriations. Settled claims resulting from these risks did not exceed commercial insurance coverage during the past three fiscal years. 380 27 Public Entity Risk Pools. In 1986, the City joined together with other Montana cities to form the MMIA, which established a workers’ compensation plan and a tort liability plan. Both public entity risk pools currently operate as common risk management and insurance programs for the member governments. The liability limits for damages in tort action are $750,000 per claim and $1.5 million per occurrence, and $12.5 million per occurrence for any claim that is not subject to the limitations on governmental liability, as described in Montana Code Annotated, Section 2-9-108 (the “Statute”) or any successor statute, either as matter of law, by operation of the Statute, or by a judicial determination that the Statute is inapplicable or is otherwise invalid, with $11,250 deductible per occurrence. State tort law limits the City’s liability to $1.5 million. The City pays premiums for its employee injury insurance coverage, which is allocated to the employer funds based on total salaries and wages. The agreements for formation of the pools provide that they will be self-sustaining through member premiums. The tort liability plan and workers’ compensation program issued debt of $4.41 million and $6.155 million, respectively, to immediately finance the necessary insurance reserves. All members signed a contingent note for a pro rata share of this liability in case operating revenues were insufficient to cover the debt service; the debt was retired in 2011. The City also owns a policy with MMIA for loss or damage to property. This is an all-risk policy, essentially all property owned by the City being insured for 100% of replacement cost, subject to a $5,000 deductible per occurrence. MMIA reinsures their property insurance with a national municipal pool, Public Entities’ Property Insurance. Cybersecurity. The City has cyber security coverage through MMIA. The City’s services and systems may be critical to operations or involve the storage, processing, and transmission of sensitive information and data, including valuable property tax or other proprietary and/or confidential, regulated, and personal information of employees, taxpayers, and others. Successful breaches, employee malfeasance, or human or technological error could result in, for example, unauthorized access to disclosure, modification, misuse, loss, or destruction of the City’s or other third party information or systems; theft of sensitive, regulated, or confidential data including personal information; the loss of access to critical data or systems; service or system disruptions or denials of service. A potentially successful cyberattack on the City’s operations could also disrupt the delivery of City services and City operations. While the City employs professional information technology professionals and utilizes operation safeguards that are tested periodically, no assurance can be given that such measures will ensure that the City is protected against all cybersecurity threats or attacks. QUALIFIED TAX-EXEMPT OBLIGATIONS The City will designate the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), relating to the ability of financial institutions to deduct from income for federal income tax purposes a portion of the interest expense that is allocable to carrying and acquiring tax-exempt obligations. TAX CONSIDERATIONS The following is a summary of certain U.S. federal and Montana income tax considerations relating to the purchase, ownership, and disposition of the Bonds. This summary is based on the Code and the Treasury Regulations promulgated thereunder, judicial decisions, and published rulings and administrative pronouncements of the Internal Revenue Service (the “IRS”), all as of the date hereof and all of which are subject to change, possibly with retroactive effect. Any such change could adversely affect the matters discussed below, including the tax exemption of interest on the Bonds. The City has not sought and will not seek any rulings from the IRS regarding the matters discussed below, and there can be no assurance the IRS or a court will not take a contrary position regarding these matters. 381 28 Prospective purchasers of Bonds should consult their own tax advisors with respect to applicable federal, state, and local tax rules, and any pending or proposed legislation or regulatory or administrative actions, relating to the Bonds based on their own particular circumstances. This summary is for general information only and is not intended to constitute a complete analysis of all tax considerations relating to the purchase, ownership, and disposition of Bonds. It does not address the U.S. federal estate and gift tax or any state, local, or non-U.S. tax consequences, except with respect to Montana income tax to the extent expressly specified herein. This summary is limited to consequences to U.S. holders that purchase the Bonds for cash at original issue and hold the Bonds as “capital assets” (generally, property held for investment). This discussion does not address all aspects of U.S. federal income or state taxation that may be relevant to particular holders of Bonds in light of their specific circumstances or the tax considerations applicable to holders that may be subject to special income tax rules, such as: holders subject to special tax accounting rules under Section 451(b) of the Code; insurance companies; brokers, dealers, or traders in stocks, securities, or currencies or notional principal contracts; foreign corporations subject to the branch profits tax; holders receiving payments in respect of the Bonds through foreign entities; and S corporations, partnerships, or other pass-through entities or investors therein. For purposes of this discussion, the “issue price” of a maturity of Bonds is the first price at which a substantial amount of Bonds of that maturity is sold for cash to persons other than bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters, placement agents, or wholesalers. Tax-Exempt Interest In the opinion of Dorsey & Whitney LLP, Bond Counsel, based on existing law and assuming the accuracy of certain representations and compliance with certain covenants, interest on the Bonds (i) is excluded from gross income for federal income tax purposes, (ii) is not an item of tax preference for federal alternative minimum tax purposes, and (iii) is excluded from gross income for Montana individual income tax purposes. Interest on the Bonds is included, however, in income for purposes of the Montana corporate income tax and the Montana alternative corporate income tax. The Code establishes certain requirements that must be met after the issuance of the Bonds in order that interest on the Bonds be excluded from federal gross income. These requirements include, but are not limited to, provisions regarding the use of Bond proceeds and the facilities financed or refinanced with such proceeds and restrictions on the investment of Bond proceeds and other amounts. The City has made certain representations and has covenanted to comply with certain restrictions, conditions, and requirements designed to ensure interest on the Bonds will not be included in federal gross income. Inaccuracy of these representations or noncompliance with these covenants may cause interest on the Bonds to be included in federal gross income retroactively to their date of issue. Bond Counsel has not independently verified the accuracy of these representations and will not verify the continuing compliance with these covenants. No provision has been made for redemption of or for an increase in the interest rate on the Bonds in the event that interest on the Bonds is included in federal gross income. Market Discount If a Bond is purchased for a cost that is less than the Bond’s issue price (plus accrued original issue discount (“OID”)), the purchaser will be treated as having purchased the Bond with market discount (unless a statutory de minimis rule applies). Market discount is treated as ordinary income and generally is recognized on the maturity or earlier disposition of the Bond (to the extent that the gain realized does not exceed the accrued market discount on the Bond). 382 29 Bond Premium A holder that acquires a Bond for an amount in excess of its principal amount generally must, from time to time, reduce the holder’s federal tax basis for the Bond. Premium generally is amortized for federal income tax purposes on the basis of a bondholder’s constant yield to maturity or to certain call dates with semiannual compounding. Accordingly, holders who acquire Bonds at a premium might recognize taxable gain upon sale of the Bonds, even if such Bonds are sold for an amount equal to or less than their original cost. Amortized premium is not deductible for federal income tax purposes. Related Tax Considerations Section 86 of the Code requires recipients of certain social security and railroad retirement benefits to take interest on the Bonds into account in determining the taxability of such benefits. Section 265(a) of the Code denies a deduction for interest on indebtedness incurred or continued to purchase or carry the Bonds. In the case of a financial institution, no deduction is allowed under section 265(b) the Code for that portion of the holder’s interest expense that is allocable to interest on tax-exempt obligations, such as the Bonds, unless the obligations are “qualified tax-exempt obligations.” Indebtedness may be allocated to the Bonds for this purpose even though not directly traceable to the purchase of the Bonds. The Bonds are “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code. Accordingly, although interest expense allocable to the Bonds is not subject to the disallowance under Section 265(b) of the Code, the deduction for interest on indebtedness incurred or continued to purchase or carry the Bonds may be subject to reduction under Section 291 of the Code. The ownership or disposition of, or the accrual or receipt of amounts treated as interest on, the Bonds may affect a holder’s federal, state, or local tax liability in some additional circumstances. The nature and extent of these other tax consequences depends upon the particular tax status of the holder and the holder’s other items of income or deduction. Sale or Other Disposition A holder will generally recognize gain or loss on the sale, exchange, redemption, retirement, or other disposition of a Bond equal to the difference between (i) the amount realized less amounts attributable to any accrued but unpaid stated interest and (ii) the holder’s adjusted tax basis in the Bond. The amount realized includes the cash and the fair market value of any property received by the holder in exchange for the Bond. A holder’s adjusted tax basis in a Bond generally will be equal to the amount that the holder paid for the Bond, increased by any accrued OID with respect to the Bond and reduced by the amount of any amortized bond premium on the Bond. Except to the extent attributable to market discount (which will be taxable as ordinary income to the extent not previously included in income), any gain or loss will be capital gain or loss and will be long-term capital gain or loss if the holder held the Bond for more than one year. Long-term capital gains recognized by certain non-corporate persons, including individuals, generally are taxable at a reduced rate. The deductibility of capital losses is subject to significant limitations. 383 30 Information Reporting and Backup Withholding Payments of interest on the Bonds (including any allocable bond premium or accrued OID) and proceeds from the sale or other disposition of the Bonds are expected to be reported to the IRS as required under applicable Treasury Regulations. Backup withholding will apply to these payments if the holder fails to provide an accurate taxpayer identification number and certification that it is not subject to backup withholding (generally on an IRS Form W-9) or otherwise fails to comply with the applicable backup withholding requirements. Backup withholding is not an additional tax. Any amounts withheld under the backup withholding rules may be allowed as a refund or a credit against the holder’s U.S. federal income tax liability, provided that the required information is timely furnished to the IRS. Certain holders are exempt from information reporting. Potential holders should consult their own tax advisors regarding qualification for an exemption and the procedures for obtaining such an exemption. COVID-19 The City faces challenges to its operations and economic results related to the global COVID-19 pandemic. On June 30, 2021 the Governor lifted the state of emergency order due to COVID-19, which may not bring many changes due to the Governor’s February 12, 2021 Executive Order that, among other guidelines, removed the phased reopening approach, lifted the statewide mask mandate, encouraged businesses to follow best industry practices to slow the spread of the virus and for the public to follow individual business guidelines, and stated public gatherings should be managed in a manner that accommodates Center for Disease Control and Prevention (“CDC”) social distancing rules; however, certain local, school and/or business specific orders may be in effect that need to be followed. With the availability of the COVID-19 vaccination, all Montana residents 16 and older have been eligible for the vaccine since April 1, 2021; 12-15 year olds have been eligible for the vaccine since May 10, 2021; and 5-11 year olds have been eligible for the vaccine since October 29, 2021. As of May 6, 2022, approximately 1,461,270 vaccine doses have been administered to Montana residents, with approximately 563,762 residents fully vaccinated (approximately 52.0% of the 2020 State population estimate of 1,084,225). The City continues to closely monitor the directives and orders from the Governor’s Office and recommendations from the federal, State, and local authorities that impact the City and its residents; however, stay-at-home orders could be resumed at any time. The City cannot predict if the Governor, or other federal, State, or local authority will issue additional directives or orders that might adversely impact the financial condition or operations of the City, or the assessed values of property within the City. The Bonds are general obligations of the City, payable from the proceeds of general ad valorem taxes to be levied on all taxable property in the City, without limitation as to rate or amount. (See “THE BONDS – Security” herein.) LITIGATION There is no controversy or litigation of any nature now pending or, to the knowledge of officers of the City, threatened, restraining or enjoining the issuance, sale, execution or delivery of the Bonds, or in any way contesting or affecting the validity of the Bonds or any proceedings of the City taken with respect to the issuance or sale thereof, or the validity of the levy of taxes for the payment thereof The City is a party to lawsuits, from time to time, in its normal course of business but the City does not believe any of such litigation will have a significant adverse impact upon the financial condition of the City, or would affect the issuance and delivery of the Bonds, or the power and authority of the City to issue the Bonds. 384 31 UNDERWRITING D.A. Davidson & Co. (the “Underwriter”) has agreed, subject to the terms of the Bond Purchase Agreement, to purchase the Bonds from the City at a price of 107.286086% of the par value of the Bonds. The Bonds will be initially reoffered at a price of 107.661086% of the par value of the Bonds. The Bonds are being offered for sale to the public at the prices as shown on the inside cover of this Official Statement. Concessions from the initial offering price may be allowed to selected dealers and special purchasers. The initial offering price is subject to change after the date hereof. RATING As noted on the cover page of this Official Statement, Moody’s Investors Service (“Moody’s”) has assigned its municipal rating of “Aa1” to this issue of Bonds (the “rating”). No application was made to any other rating agency for the purpose of obtaining an additional rating on the Bonds. The rating reflects only the view of Moody’s. The above rating is not a recommendation to purchase, sell, or hold the Bonds, inasmuch as it does not comment as to market price or suitability for a particular investor. There is no assurance that the rating will be retained for any given period of time or that the rating will not be revised downward or withdrawn entirely by the rating agency if, in its judgment, circumstances so warrant. Any downward revision or withdrawal of the rating would be likely to have an adverse effect on the market price of the Bonds. Any further explanation of the significance of the rating may be obtained from Moody’s. NO CONFLICTS OF INTEREST The City is not aware of the existence of any actual or potential conflict of interests, breach of duty or less than arm’s-length transaction regarding the selection of the Underwriter of the Bonds and other participants in the offering of the Bonds. SECONDARY MARKET DISCLOSURE In order to permit participating underwriters in the primary offering of the Bonds to comply with paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the “Rule”), the City will enter into a continuing disclosure undertaking for the benefit of the Owners (as defined in Appendix C) from time to time of any Bonds that are outstanding to provide annual reports of specified information and notice of the occurrence of certain events as hereinafter described (the “Disclosure Covenants”) to the Municipal Securities Rulemaking Board (“MSRB”) through its Electronic Municipal Market Access system website (“EMMA”). The City is the only “obligated person” in respect of the Bonds within the meaning of the Rule. The information to be provided on an annual basis, the events as to which notice is to be given and a summary of other provisions of the Disclosure Covenants, including termination, amendment and remedies, are set forth in Appendix C to this Official Statement. Breach of the Disclosure Covenants will not constitute a default or an “Event of Default” under the Bonds or the Bond Resolution. A broker or dealer is to consider a known breach of the Disclosure Covenants, however, before recommending the purchase or sale of the Bonds in the secondary market. Thus, a fault on the part of the City to observe the Disclosure Covenants may adversely affect the transferability and liquidity of the Bonds and their market price. 385 32 Prior Compliance with Continuing Disclosure Undertakings Within the past five years the City had outstanding continuing disclosure undertakings under the Rule (the “Undertakings”) with respect to its Tax Increment Urban Renewal Revenue Bonds (Bozeman Midtown Urban Renewal District), Series 2020 (the “Series 2020 Bonds”); Series 2019 Bonds; Series 2014 Bonds; Series 2013 Bonds; General Obligation Refunding Bonds, Series 2012 (“Series 2012 Bonds”); Tax Increment Urban Renewal Revenue Bonds (Downtown Bozeman Improvement District), Series 2007 (“Series 2007 Bonds”); and various Special Improvement District Bonds. With respect to the Undertakings, the City did not timely file with the MSRB’s EMMA system (i) its 2020 ACFR (audited financial statements and operating data); (ii) certain annual operating data for fiscal year 2021 in connection with its Series 2020 Bonds; (iii) notice of incurrence of a financial obligation; and (iv) did not timely file notice that the aforementioned information was not filed timely. The information described above has since been filed with the MSRB’s EMMA system together with notices of the late filings. Additionally, the City timely filed its 2019 ACFR (audited financial statements and operating data), but did not link it to its Series 2007 Bonds. The City did not take corrective action to remedy this upon discovery since the Series 2007 Bonds had been fully refunded prior to discovery. Except as described herein, as of the date of this Official Statement, the City is not aware of any other instances in the previous five years in which it failed to comply, in all material respects, with the Undertakings. DISCLOSURE STATEMENT The City will deliver to the Underwriter at the time of the delivery of the Bonds a certificate substantially to the effect that the facts contained in this Official Statement, including the appendices, and in any supplements or amendments hereto, delivered by the City did not, at the date of award of the Bonds, and do not, as of the date of delivery of the Bonds to the Underwriter, contain any untrue statement of a material fact or omit to state a material fact where necessary to make the statements herein misleading in light of the circumstances under which they were made. ADDITIONAL INFORMATION AND MISCELLANEOUS The descriptions herein of the Bond Resolution and other documents are brief summaries of certain provisions thereof. Such summaries do not purport to be complete, and reference is made to such documents and contracts, copies of which are available, upon request and upon payment to the City a charge for copying, mailing and handling, from the City. Additional information concerning the Bonds and the City may be obtained by contacting the City, 121 North Rouse, Bozeman, Montana 59715, telephone (406) 582-2300. This Official Statement is not to be construed as a contract or agreement between the City and the Underwriter(s) or holders of any of the Bonds. Any statements made in this Official Statement involving matters of opinion or estimates, whether or not so expressly stated, are set forth as such and not as representations of fact. No representation is made that any of such statements will be realized. 386 33 APPROVAL OF OFFICIAL STATEMENT The execution and delivery of this Official Statement have been duly authorized by the City. CITY OF BOZEMAN, MONTANA By: /s/ Cyndy Andrus . Mayor ATTEST: By: /s/ Mike Maas . Clerk/Treasurer 387 (This Page Intentionally Left Blank.) 388 A-1 APPENDIX A SUMMARY OF THE CITY OF BOZEMAN GENERAL FUND FINANCIAL STATEMENTS The City’s financial information contained in the summaries of financial statements that follow was extracted from the audited financial statements as included in the Annual Comprehensive Financial Reports (“ACFR”) of the City prepared by Anderson Zurmuehlen & Co., P.C. Bozeman, Montana, for fiscal years ended June 30, 2017 through 2021. The City’s complete ACFR’s or financial reports may be obtained by contacting the City (406) 582-2300. 389 A-2 City of Bozeman, Montana Summary Statement of Revenues, Expenditures, and Changes in Fund Balance - General Fund For the Fiscal Years Ended June 30, 2017 through 2021 Audited 2016/17 Audited 2017/18 Audited 2018/19 Audited 2019/20 Audited 2020/21 Revenues: Taxes1 $15,268,625 $15,689,264 $16,660,409 $17,701,622 $15,775,4521 Special Assessments 62 93 372 46 103 Licenses and Permits 356,361 395,107 383,320 369,334 367,895 Intergovernmental Revenue 7,393,702 7,686,022 7,912,214 9,718,389 11,864,827 Charges for Services 2,295,677 2,760,256 3,182,506 3,119,771 3,650,043 Fines and Forfeitures 1,139,309 1,093,742 1,099,673 1,083,059 1,084,870 Interest 51,635 0 128,671 117,628 5,747 Miscellaneous 37,394 1,141,637 189,769 430,965 431,551 Total Revenue $26,542,765 $28,766,121 $29,556,934 $32,540,814 $33,180,488 Expenditures: General Government $6,623,546 $6,922,180 $7,322,843 $7,672,546 $8,178,413 Public Safety 14,555,066 14,961,342 15,385,416 16,498,444 17,062,287 Public Service 108,295 186,331 168,321 170,000 0 Public Welfare 5,612,254 6,170,061 6,447,144 6,839,286 4,815,295 Other 418,559 554,851 623,028 543,334 3,336,278 Capital outlay 668,191 704,076 1,454,336 1,441,057 1,885,031 Debt service 3,760 4,702 13,461 37,716 48,418 Total Expenditures $27,989,671 $29,503,543 $31,414,549 $33,202,383 $35,325,722 Excess of Revenues Over $(1,446,906) $(737,422) $(1,857,615) $(661,569) $(2,145,234) Other Financing Sources/(Uses) Issuance of Long Term Debt $0 $8,006 $344,167 $0 $0 Issuance of Lease 0 0 0 12,813 0 Sale of Assets 23,892 12,208 5,763 6,550 15,952 Transfers In2 2,214,190 2,323,901 2,385,362 2,457,254 2,728,647 Transfers (Out) (822,119) (632,084) (602,863) (413,769) (557,009) Total Other Financing Sources/(Uses) $1,415,963 $1,712,031 $2,132,429 $2,062,848 $2,187,590 Net Change in Fund Balance $(30,943) $974,609 $274,814 $1,401,279 $42,356 Fund Balance, July 1 6,521,099 6,490,159 7,464,768 7,739,584 9,140,909 Fund Balance, June 30 $6,490,156 $7,464,768 $7,739,582 $9,140,863 $9,183,265 Fund Balance as a % of Expenditures 23.2% 25.3% 24.6% 27.5% 26.0% __________________ 1 Tax revenue decreased in 2020/21 primarily due to the creation of the Parks & Trails District, which shifted funding from the General Fund and property tax revenue to the Parks and Trails District Fund and charges for services. (See “GENERAL FINANCIAL INFORMATION – Financial Operations, Sources of Revenue, and Budgeting Process” and “CITY FINANCIAL INFORMATION – Authorized Levy Authority, Budgeted Levy, and Unused Levy Authority” herein.) 2 Transfers In primarily represent funds from the Health Medical Insurance Fund, a special revenue fund that accounts for property taxes revenues received and transferred to the General Fund for premiums and deductibles on group insurance coverage for employees. Source: The City’s ACFR’s 390 A-3 City of Bozeman, Montana Summary of Balance Sheet - General Fund As of June 30, 2017 through 2021 Audited 2016/17 Audited 2017/18 Audited 2018/19 Audited 2019/20 Audited 2020/21 ASSETS Cash and Investments $8,016,376 $9,130,838 $7,990,114 $16,193,1951 $8,572,097 Property Tax Receivable 1,036,362 1,092,941 1,176,560 1,570,584 1,862,005 Accrued Interest Receivable 12,506 19,641 10,549 15,484 7,372 Customers Receivable 1,222,781 1,326,896 2,299,090 2,439,575 2,176,579 Special Assessments 0 0 120 993 9,215 Other Governments Receivable 0 43,253 137,458 1,261,798 35,654 Due From Other City Funds 12,623 76,631 144,193 675,766 990,414 Prepaids 0 0 0 18,187 17,751 TOTAL ASSETS $10,300,648 $11,690,200 $11,758,084 $22,175,582 $13,671,087 LIABILITIES Accounts Payable $2,655,476 $2,968,591 $2,493,698 $11,447,6091 $3,047,977 Escheat Property Payable 69,652 73,027 80,174 83,394 91,358 Accrued Employee Benefits 11,775 8,934 0 315 2,891 Other 0 0 0 1,024 0 TOTAL LIABILITIES $2,736,903 $3,050,552 $2,573,872 $11,532,342 $3,142,226 DEFERRED INFLOWS Property Taxes $65,769 $51,004 $61,922 $53,954 $126,560 Special Assessments 0 6,500 0 23,000 0 Court Fines 1,007,821 1,117,376 1,382,708 1,425,423 1,219,036 TOTAL DEFERRED INFLOWS $1,073,589 $1,174,880 $1,444,630 $1,502,377 $1,345,596 FUND BALANCE Assigned2 $6,402,882 $7,739,020 $7,739,582 $8,110,313 $9,183,265 Unassigned 87,274 (274,252) 0 1,030,550 0 TOTAL FUND BALANCE $6,490,156 $7,464,768 $7,739,582 $9,140,863 $9,183,265 TOTAL LIABILITIES, DEFERRED INFLOWS, AND FUND BALANCE $10,300,648 $11,690,200 $11,758,084 $22,175,582 $13,671,087 __________________ 1 The increase to Cash and Investments and Accounts Payable in 2019/20 are as result of revenues and expenditures associated with the Series 2019 Bonds issued for the Public Safety Center, CARES Act, and ARPA allocations. 2 Of the assigned fund balance, an amount equal to approximately 16.67% is allocated to a budget ordinance minimum, which equaled $5,476,495 in 2020/21. Source: The City’s ACFR’s 391 (This Page Intentionally Left Blank.) 392 B-1 APPENDIX B ECONOMIC AND DEMOGRAPHIC INFORMATION 393 B-2 ECONOMIC AND DEMOGRAPHIC INFORMATION The following discussion includes descriptive information obtained from a variety of sources. The information is presented to provide the reader with an overview of the Bozeman and County area economy, but is not intended to be exhaustive or comprehensive. General Information The City of Bozeman, Montana (the “City”) is located in Gallatin County (the “County”) in southwestern Montana and serves as the County seat. The City is situated along Interstate 90, approximately 143 miles west of the City of Billings, and 160 miles southeast of the City of Missoula. The City had a 2020 Census population estimate of 53,293 according the U.S. Census Bureau, an increase of 43.0% over the 2010 Census estimate of 37,280. The City is currently the State’s fourth largest municipality by population behind the cities of Billings, Missoula and Great Falls. The County is a fast growing county known for its year-round vacation and recreation opportunities, higher education facilities at Montana State University-Bozeman, technology-based businesses, and agricultural products such as beef, wheat, feed grains and hay. Founded in 1864 under the Montana Territory Law, Bozeman was a commercial center during Montana’s gold rush days providing the numerous mining camps in the area with supplies. After the frontier mining days had passed, Bozeman further developed as an agricultural and commercial trade center for southwestern Montana. According to the U.S. Bureau of the Census, the County had a 2020 Census population estimate of 118,960, an increase of 32.9% over the 2010 Census estimate of 89,513. The County is currently the State’s second largest county based on population behind Yellowstone County. Tourism The economy of the County has benefited from the rise in tourist travel to the area as seen in the growth of the services industry. Museum of the Rockies. The Museum of the Rockies, which is a university, community and state- supported regional museum dedicated to the interpretation of the physical and cultural heritage of the Northern Rocky Mountains, is located in Bozeman. The Museum of the Rockies was founded in 1957 and today is the largest natural history museum in the region with 94,000 square feet. Focusing on paleontology, astronomy, and regional natural/cultural history, the Museum of the Rockies houses a living history farm, earth and dinosaur halls, a fossil bank, and the Taylor Planetarium. The Museum of the Rockies attracts over 120,000 visitors every year. Yellowstone National Park. In 1872, Yellowstone National Park (the “Park”) was first national park to be established in the world. The Park has five entrances, with the western gate to the Park located approximately 90 miles south of Bozeman. The north entrance to the Park is near the Town of Gardiner, which is located approximately 100 miles southeast from Bozeman. The Park encompasses an area of approximately 3,472 square miles, contains one of the world’s largest calderas, is the site of an active volcano, has approximately 20,000 hydrothermal features, 300 active geysers, and 290 waterfalls. The Park offers 9 visitor centers, 9 hotels/lodges (approximately 2,000 rooms/cabins), 12 campgrounds (over 2,150 sites), 52 picnic areas, one marina and 13 self-guided trails. There are a number of concessionaire operated facilities in the Park, with approximately 3,200 people employed by concessionaires during the peak summer season. 394 B-3 The Park had a record number of visitors in 2021 with approximately 4,820,242. The following table shows the visitors statistics for the Park for the most recent five calendar years. Calendar Year Number of Visitors 2021 4,860,242 2020 3,806,306 2019 4,020,288 2018 4,115,000 2017 4,116,524 Source: National Park Service Visitor Statistics for the Park Big Sky Ski and Summer Resort (“Big Sky Resort”). The unincorporated community of Big Sky is located in the County, however Big Sky Ski and Summer Resort and much of the surrounding area is located in Madison County. Boyne USA, Inc. purchased Big Sky Ski and Summer Resort in 1976. Boyne USA, Inc. and CrossHarbor Capital Partners, LLC (“CrossHarbor”) partnered to purchase Moonlight Basin (opened on the north slope of Lone Peak adjacent to Big Sky Resort in 2003) and The Club at Spanish Peaks in the fall of 2013, which combined to make Big Sky Resort the largest ski resort in the country. Big Sky Resort has more than 30 lifts, 4,350 vertical feet drop and a total of 5,750 acres of ski terrain. Other amenities at Big Sky Resort include tennis courts, an 18-hole golf course designed by Arnold Palmer, a convention center with 43,000 square feet of meeting space, hotel and indoor mall - all of which contribute to year-round use. The Reserve (located at the acquired Moonlight Basin) is an 8,027 yard, par 72 Jack Nicklaus Signature Golf Course that opened in 2010. The resort is in the process of a $150 million investment plan, spanning over ten years. A new eight-person, high speed Doppelmayr chair lift, known as the Ramcharger 8, was put into service on December 15, 2018, and the Powder Seeker 6 replaced the Lone Peak Triple chair to access the Lone Peak Tram. Bridger Bowl. Located approximately 16 miles northeast of Bozeman is Bridger Bowl, a well-developed, private, non-profit ski area with 2,600 vertical feet, 2,000 acres of skiing terrain, five double chair lifts, one triple chair lift and one quad chair lift. Exclusive Big Sky Communities. The Yellowstone Club. The Yellowstone Club is primarily located within Madison County. The Yellowstone Club was established in 2000 with 13,400 acres of private land as an all- inclusive private alpine community for the wealthy. The Yellowstone Club is the world’s only private ski and golf community. Members have access to 2,000 skiable acres as well as the neighboring Big Sky Ski Resort’s 3,600 acres and Moonlight Basin’s 1,500 acres. The area has 10 lifts and 60 trails for the exclusive use of Yellowstone Club’s members and their guests. The 18-hole golf course was designed by Tom Weiskopf. Spanish Peaks Mountain Club (“Spanish Peaks”). Spanish Peaks is a private residential community located near Big Sky that is overseen by Lone Mountain Land Company, and has an 18-hole Tom Weiskopf-designed golf course and club house. The golf course is an amenity included with membership at the 5,700-acre Spanish Peaks community, which includes the capacity for 850 residences including more than 400 cabins, condos and town houses. Inspiration Point, the Spanish Peak townhouse duplex/triplex development, is comprised of 16 buildings with 40 residences that are on the market. Spanish Peaks also offers a private high speed ski lift to the Big Sky Resort as well as other amenities for its residents. Spanish Peaks was jointly purchased by CrossHarbor and Boyne USA, Inc. in 2013 for approximately $26.1 million. 395 B-4 Higher Education Montana State University-Bozeman (“MSU”). MSU was founded in 1893 as a land grant college and represents the largest single component of the local economy. MSU offers bachelor degree programs in approximately 60 fields, master’s degrees in approximately 45 fields and doctorates in approximately 20 fields. For 2021/22, MSU budgeted for approximately 4,275.55 full-time equivalent employees (“FTE”). The 1,170-acre campus operates on a semester system with two semesters during the academic year and a two-part, twelve-week summer session. As a land-grant university, MSU has a long tradition of supporting basic and applied research and creative activity. MSU had approximately $193 million in research expenditures in fiscal year 2020/21. In the fall of 2020, MSU opened its new $50 million Hyalite Hall that has the capacity to house approximately 480 students. The following table demonstrates enrollment trends at MSU for the current and prior nine years. Student Enrollment Trends Annualized FTE Student Enrollment School Year Resident Non-Resident Total Fall Head Count 2021/22 n/a n/a n/a 16,027 2020/21 8,040 6,158 14,198 15,629 2019/20 8,524 6,049 14,573 15,962 2018/19 8,765 5,884 14,649 16,186 2017/18 8,929 5,640 14,569 16,069 2016/17 8,801 5,519 14,320 15,926 2015/16 8,484 5,004 13,488 15,238 2014/15 8,410 4,688 13,098 14,981 2013/14 8,585 4,366 12,951 14,970 2012/13 8,528 4,049 12,577 14,432 Source: Montana University System Gallatin College-MSU (“Gallatin College”). Gallatin College is a two-year college located in Bozeman that offers approximately 10 workforce programs where a student can earn an associate degree or a one-year professional certification, depending on the program. Gallatin College is a division of MSU. Many of the courses are transferable to four-year institutions and specifically complement programs at MSU. The following table demonstrates enrollment trends for Gallatin College for the years shown. Student Enrollment Trends Annualized FTE Student Enrollment School Year Resident Non-Resident Total Fall Head Count 2021/22 n/a n/a n/a 814 2020/21 375 166 540 620 2019/20 441 176 618 804 2018/19 432 172 604 716 2017/18 413 152 565 634 2016/17 389 130 519 514 2015/16 336 111 447 450 2014/15 329 110 440 440 Source: Montana University System 396 B-5 Agriculture As in much of Montana, agriculture is a significant economic force in the County. According to the 2017 Agriculture Census, the primary agricultural commodities produced by the 1,163 area farms and ranches in the County consists of potatoes, hay, barley, oats, wheat and livestock. The County contains approximately 1,667,739 acres of which 700,462 (or 42.0%) is encompassed by farms and ranches. The average farm size is 624 acres. Below are summarized cash receipt figures for agricultural production in the County. Cash Receipts (000’s) 2016 2017 2018 2019 2020 Livestock and Products $41,278 $43,578 $40,466 $41,661 $39,591 Crops 98,234 96,300 100,679 107,943 110,472 Government Payments 6,093 3,613 3,358 4,295 15,860 TOTALS $145,605 $143,491 $144,503 $153,899 $165,923 Source: Regional Economic Information System, Bureau of Economic Analysis Technology-Based Businesses A fast-growing segment of the area’s economy is technology-based business, for which university resources and an educated labor force are significant assets. As home to over 85 high-tech companies, the Gallatin Valley is rapidly becoming the high-tech capital of the Northern Rockies. The various focuses of high-tech companies in Bozeman and the surrounding areas range from computer software development to laser technology to pharmaceutical research, some of which include Oracle (formerly Rightnow Technologies), Zoot Enterprises, and ILX Lightwave. Past and present graduates of MSU provide the expanding high-tech community with a strong labor pool. MSU TechLink Center. The TechLink Center was established in 1996 at MSU. TechLink is funded by the Department of Defense, NASA, and other federal agencies to link companies in Montana and the surrounding region with federal laboratories for joint research and technology transfer. An overriding purpose is to contribute to the success of both technology-based companies and key resource-based industries in the state and region. TechLink provides specialized assistance in the industry areas of advanced materials, aerospace, agricultural technologies, biomedicine and biotechnology, electronics, environmental technologies, information technologies and software, and photonics and sensors. Manufacturing Facilities. Blackhawk Products (“Blackhawk”) is a subsidiary of Alliant Techsystems Inc. (“ATK”), a defense contractor that has an 80,000 square foot facility located approximately 20 miles west of Bozeman near the Town of Manhattan. ATK has more than 60 facilities located in 22 states, Puerto Rico and internationally, and is headquartered in Arlington, Virginia. Blackhawks’ headquarters are located in Norfolk, Virginia, and it also has manufacturing facilities in Meridian, Idaho; and Southport, North Carolina. Blackhawk manufactures accessories for military, law enforcement, corporate security applications and outdoor use and include items such as specialized apparel, armor, eye wear, backpacks and gun holsters. Simms Fishing Products (“Simms”) is a fishing product, apparel and accessories manufacturing company and is the sole fishing wader manufacturer in the U.S with its corporate headquarters, warehouses and production facility located in the Four Corners Area, located approximately 8 miles west of Bozeman. Additionally, three major manufacturing plants are located within the County, near the City of Three Forks, which is approximately 28 miles west of Bozeman. The three plants include Holcim Inc., a cement manufacturing facility, Luzenac America, a talc processing facility and Kanta Products, a manufacturer of concrete blocks. 397 B-6 Transportation A variety of transportation systems serve Bozeman and the surrounding areas of the County. Of particular importance are: (1) Interstate 90, a primary east/west route through the County connecting the northern tier of the United States, which runs adjacent to Bozeman; (2) air service through Bozeman Yellowstone International Airport located outside the city limits of the City of Belgrade (“Belgrade”); and (3) the Montana Rail Link rail line (formerly owned by Burlington Northern). The Bridger Park parking garage located in downtown Bozeman accommodates approximately 435 vehicles. The parking garage also serves as the primary hub for the Streamline public bus system. The north and west sides of the facility feature approximately 10,000 square feet of new retail, restaurant and office space. Bozeman Yellowstone International Airport (“BZN Airport”). BZN Airport currently services four major airlines and two smaller lines. With more than 16 jets arriving and departing daily, became the busiest airport in the State in 2013, overtaking Logan International Airport in Billings. BZN Airport handled approximately 1,940,191 passengers boarding and deboarding during 2021, setting a new State record. In 2011, the BZN Airport Authority completed the $40 million expansion of the airline terminal building, which more than doubled the size of the terminal. This expansion was the largest airline terminal expansion ever in the State. The project expanded the number of gates from five to seven, provided an expanded passenger screening checkpoint, added a third baggage claim carousel and increased food, beverage and retail concessions, particularly inside the concourse. In 2013, BZN Airport completed construction of an additional 312 parking stalls in the pay parking lot and added an eleventh parking position for airliners at the terminal. In 2017, site construction commenced for a $32 million four-story parking garage that was completed in 2019, adding approximately 1,100 parking stalls. BZN Airport Authority estimates that 85%-90% of the parking garage is occupied by seven car rental brands and the remaining 10%-15% is available for premium pay parking. In February 2019, the BZN Airport Authority approved proceeding with another terminal expansion project that is expected to cost approximately $27 million that was completed in late 2020. The project was funded through a combination of airport improvement program grants and the BZN Airport Authority’s capital improvement fund. The project added approximately 70,000 square feet to the concourse, including four additional gates, a third food/beverage venue located inside security, additional retail space, and space for future expanded outbound luggage handling. As a result of increased small aircraft traffic (particularly privately owned aircraft) and traffic related to flight schools at the BZN Airport, the BZN Airport Authority expanded the general business and aviation portion of the airport, which included the construction of nine additional hangers. In the fall of 2015, construction was completed on a new $50 million Interstate 90 interchange for improved access to the BZN Airport, which is located on the east side of Belgrade. Yellowstone Airport Plaza Development. In 2018, Belgrade approved the preliminary plat and planned unit development (“PUD”) for a 53 acre property located just to the east of the airport interchange (“Yellowstone Airport Plaza”). The PUD allows for both Highway Business (B2) and Manufacturing and Industrial District (M1) uses. Phases 1 and 2, which were annexed into the Belgrade city limits in 2012, are expected to include hotels, office buildings, restaurants, grocery stores, retail businesses, gas and convenience stores and industrial and warehouse facilities. Phase 1 commenced in 2018 and has a five-year projected buildout. Phase 2 will follow completion of Phase 1. The developers have also outlined a future 91-acre expansion of the Yellowstone Airport Plaza property. The Master Site Plan for this future expansion 398 B-7 includes construction Phases 3-6, which would be expected to be annexed into Belgrade and be comprised of the same type of development as included in Phases 1 and 2 and include residential multi-family homes. As a part of Phase 1, EVEN Hotels broke ground in December 2021 on a four-story, 70,000 square foot building that will contain approximately 120 rooms that is expected to be completed in late 2022. Planned amenities of the hotel include an indoor pool, Cork and Kale restaurant, bar and lounge areas, meeting rooms, athletic studio, flex space, and an outdoor courtyard with fire pits. Trade Center Bozeman functions as a distribution and trading center for Gallatin, Park, Broadwater, Madison and Beaverhead counties. This region has an aggregate population of approximately 151,548 people in addition to the students of MSU. Retail and wholesale trade industries employed 13.8% of the total employees in the County and contributed approximately 10.6% to total personal income in 2020. Bozeman Deaconess Hospital (the “Hospital”). Located in Bozeman, the Hospital is an 86-bed acute care medical facility. Since 1986, the Hospital has undergone major expansions. The Hospital provides a full range of inpatient and outpatient acute care services for medical, surgical, pediatric and obstetrical and gynecological patients. The Hospital completed a 46,000 square foot, two story addition for the expansion of the Emergency Services Department in 2013. In recent years, the Hospital has constructed Highland Park Medical Campus, a four building medical office complex adjoining the Hospital facility which includes a cardiac catheterization lab, dialysis treatment center and an occupational health and rehabilitation department. The expansion by the Hospital that was completed in 2016 included the construction of an 88,000 square foot, five-story building that expanded the Highland Park Medical Campus. In April of 2018, the Hospital announced plans for a $75 million expansion that would update the entrance, create a women’s and children’s center and neonatology program, and more than double the Intensive Care Unit. The expansion was completed in late 2020 and includes a three-story, 30,000 square foot facility that houses administrative departments on the first floor, the Intensive Care Unit on the second floor (expanding from 8-beds 20-beds), and the third floor is not dedicated but will be utilized for future growth. Big Sky Medical Center. The Hospital also maintains and manages the Big Sky Medical Center, a 51,625 square foot medical center located in Big Sky. The $25 million not-for-profit Big Sky Medical Center opened in 2015 and includes a six-room emergency department, a four-bed inpatient unit, a primary care clinic, pharmacy, laboratory services, medevac landing pad, and imaging center with a new cutting-edge MRI scanner. The long-range plan calls for the Big Sky Medical Center having the capacity to accommodate up to 16 beds, depending on population growth. Big Sky Medical Center employs approximately 35-40 people. Hillcrest Senior Living Retirement Community. The Hospital owns, operates and manages Hillcrest Senior Living Retirement Community, a not-for-profit retirement and assisted living home that is adjacent to the Hospital and offers 115 independent living units known as “Aspen Pointe” and 43 assisted living units known as “Birchwood.” Belgrade Medical Center. In September 2016 the Hospital completed construction and opened a new 37,000 square foot medical clinic in Belgrade. The Belgrade Medical Center cost approximately $10 million and offers outpatient, radiology, laboratory and urgent care services. 399 B-8 Population Trends Historical population figures for the City, the County and the State of Montana since 1980 are set forth below to show population trends in the area. More than 90% of the County’s population lives either in the City or within a 30-minute drive of the City. Year City of Bozeman Percent of Change Gallatin County Percent of Change State of Montana Percent of Change 2020 53,293 43.0% 118,960 32.9% 1,084,225 9.6% 2010 37,280 35.5 89,513 32.0 989,415 9.7 2000 27,509 21.4 67,831 34.4 902,195 12.9 1990 22,660 4.7 50,463 17.9 799,065 1.6 1980 21,645 n/a 42,865 n/a 786,690 n/a Source: U.S. Census Bureau Building Permit Trends The City’s building permit trends for the fiscal years shown are presented in the following table. Building Permit Figures for the City of Bozeman Commercial Permits Residential Permits Total Fiscal Year Number Value (in millions) Number Value (in millions) Number Value (in millions) 2020 702 $302.00 2,094 $176.00 2,796 $613.00 2019 768 249.00 2,307 311.00 3,075 560.00 2018 883 216.00 3,222 340.00 4,105 556.00 2017 1,731 65.00 3,905 130.00 5,636 195.00 2016 1,628 164.47 3,937 200.00 5,565 364.47 2015 1,560 98.02 2,836 191.97 4,396 289.99 2014 1,165 44.50 2,911 130.68 4,076 175.18 2013 1,305 69.64 2,338 146.32 3,643 215.96 2012 1,420 95.03 2,421 89.74 3,841 184.77 2011 1,535 106.90 3,613 72.57 5,148 179.47 Source: Bozeman 2021 ACFR 400 B-9 Gallatin County Bank Deposits The total bank deposits in the County for the past ten years are listed below. Total deposits have grown 76.2% from 2017 through June 2021. Year Total Deposits (in millions) 20211 $4,929,423 2020 3,890,303 2019 3,234,077 2018 3,059,804 2017 2,797,959 __________________ 1 Information is through June 2021. Source: Bozeman Area Chamber of Commerce and FDIC Travel and Recreation Indicators Shown in the table below is the number of airline boardings at BZN Airport. BZN Airport handled approximately 1,940,191 passengers boarding and deboarding in 2021, setting a new State record. Also shown in the table below is the number of skier days at Big Sky Resort and Bridger Bowl. Calendar Year Total Boardings Fiscal Year Big Sky Resort Skier Visits Bridger Bowl Skier Visits 2021 973,699 2021/22 n/a1 283,098 20202 446,3092 2020/21 n/a1 227,9482 2019 785,706 2019/20 n/a1 255,6132 2018 670,923 2018/19 580,000 291,754 2017 600,361 2017/18 500,000 264,464 2016 554,034 2016/17 478,000 227,777 2015 511,723 2015/16 477,000 244,916 2014 483,132 2014/15 440,000 204,501 2013 442,540 2013/14 473,000 217,516 2012 433,829 2012/13 370,000 184,000 2011 397,822 2011/12 341,000 147,077 2010 365,210 2010/11 338,979 210,966 2009 342,714 2009/10 297,375 199,061 __________________ 1 This information is no longer available. 2 Declines are attributable to the COVID-19 pandemic. Sources: Bozeman Yellowstone International Airport Authority; Big Sky Resort; Bridger Bowl, and University of Montana Institute for Tourism and Recreation Research 401 B-10 Major Private Employers The following table shows the largest private employers in the County and the estimated number of employees according to Bozeman’s 2021 ACFR. The top major public employers include the State of Montana (including MSU), the U.S. Government, the County, the City, Belgrade and school districts located throughout the County. Employer Product/Service Size Class 1. Bozeman Health Healthcare 9 2. Oracle America (formerly Right-Now) Web-based Technology 7 3. Kenyon Noble Lumber and Hardware Retail 7 4. Town Pump Fuel/Convenience Store 7 5. Wal-Mart Retail 7 6. Albertsons Grocer 6 7. Bridger Bowl Ski Resort 6 8. Community Food Coop Food Coop 6 9. Costco Retail 6 10. Glacier Bancorp Financial 6 11. First Student School Bus Transportation 6 12. McDonalds Restaurant 6 13. Murdoch’s Ranch & Home Supply Ranch & Home Supply 6 14. Ressler Motor Auto Dealership 6 15. Rosauers Food & Drug Grocer 6 16. Target Retail 6 17. Town and Country Foods Grocer 6 18. UPS Shipping 6 19. Williams Plumbing and Heating Plumbing/Heating 6 20. Zoot Enterprises Technology 6 Class Size Class 9 = 1,000 + employees; Class 8 = 500-999 employees; Class 7 = 250-499 employees; and Class 6 = 100-249 employees Source: Bozeman’s 2021 ACFR (The remainder of this page intentionally left blank.) 402 B-11 Earnings By Industry The following table shows County wages and salary, labor and proprietors’ earnings by major industry type for the years 2016 through 2020. Figures shown are in thousands. 2016 2017 2018 2019 2020 Total Personal Income $5,368,624 $5,906,239 $6,387,258 $6,890,696 $7,409,199 Earnings by Industry: Farm $47,310 $27,441 $37,213 $48,015 $64,509 Non-farm 3,606,781 3,904,513 4,187,803 4,576,487 4,849,705 Private 3,033,264 3,306,673 3,572,702 3,935,810 4,188,923 Forestry, Fishing and Other 15,013 11,808 13,085 15,513 20,844 Mining 16,441 18,812 19,604 20,848 20,063 Utilities (D) 12,777 (D) (D) 16,709 Construction 497,867 550,613 598,511 660,546 713,032 Manufacturing 184,506 198,226 215,109 235,245 259,382 Wholesale Trade 134,272 142,721 151,730 160,332 174,223 Retail Trade 412,119 456,675 522,321 591,451 607,679 Transportation and Warehousing (D) 81,327 (D) (D) 82,245 Information 50,764 58,243 67,372 78,879 84,406 Finance and Insurance 133,826 150,166 167,777 178,036 201,166 Real Estate, Rentals and Leasing 144,582 144,395 143,539 179,040 189,516 Professional and Technical Services 424,188 473,420 498,693 559,966 647,101 Management of Companies 17,858 17,963 19,869 21,402 21,940 Administrative and Waste Services 103,103 112,827 131,814 142,917 150,929 Educational Services 32,826 37,671 40,344 44,376 51,396 Healthcare and Social Assistance 340,065 374,134 391,185 414,846 441,106 Arts, Entertainment and Recreation 61,570 60,507 63,675 72,932 67,568 Accommodation and Food Services 225,908 235,892 245,100 270,688 244,387 Other Services 153,530 168,496 183,326 197,138 195,231 Government 573,517 597,840 615,101 640,677 660,782 Federal/Civilian 57,986 58,361 61,199 61,273 67,099 Military 16,007 16,414 17,723 18,783 19,247 State and Local 499,524 523,065 536,179 560,621 574,436 __________________ (D) Not shown to avoid disclosure of confidential information, but the estimates for this item are included in the totals. Source: U.S. Department of Commerce Regional Economic Information System Bureau of Economic Analysis 403 B-12 Labor Force and Unemployment The table below shows the County employment figures as well as State of Montana and United States unemployment rates since 2012. Gallatin County - - - - - - - - Unemployment Rates - - - - - - - - Year Labor Force Employment Gallatin County State of Montana United States 20221 75,425 73,925 2.0% 3.1% 4.1% 2021 73,887 72,116 2.4 3.4 5.3 2020 70,900 67,418 4.9 5.8 8.1 2019 70,059 68,422 2.3 3.6 3.7 20182 67,412 65,697 2.5 3.7 3.9 2017 64,922 63,106 2.8 4.1 4.4 2016 62,060 60,245 2.9 4.3 4.9 2015 59,459 57,622 3.1 4.3 5.3 2014 56,887 54,904 3.5 4.7 6.2 2013 54,837 52,604 4.1 5.4 7.4 2012 52,494 49,895 5.0 5.8 8.1 __________________ 1 Annualized information is not available as of the date of this Official Statement. The 2022 information presented is the average through March 2022, which may be subject to additional adjustments. Source: U.S. Department of Labor, Bureau of Labor Statistics Personal Income Trends The following table shows total and per capita personal income growth in the County since 2016. Year Total Personal Income (000’s) Percent of Change Per Capita Income Percent of Change 2020 $7,409,199 7.5% $63,432 5.4% 2019 6,890,696 7.9 60,195 5.4 2018 6,387,258 8.1 57,091 5.2 2017 5,906,239 10.0 54,260 6.1 2016 5,368,624 n/a 51,130 n/a Source: U.S. Department of Commerce, Bureau of Economic Analysis, Regional Economic Information System 404 B-13 Employment by Major Industry The table below sets forth the total number of full time and part-time employees in the County for the years and industries shown. 2016 2017 2018 2019 2020 Employment by Place of Work: Total Employment 82,161 85,768 89,219 91,356 89,376 By Type: Wage and Salary 58,537 60,939 63,264 65,819 64,393 Proprietor 23,624 24,829 25,955 25,537 24,983 Farm 980 965 961 958 959 Non-Farm1 22,644 23,864 24,994 24,579 24,024 By Industry: Farm 1,333 1,345 1,303 1,318 1,296 Non-Farm 80,828 84,423 87,916 90,038 88,080 Private 70,591 73,993 77,326 78,957 77,237 Forestry, Fish. & Other 650 650 638 645 687 Mining 568 587 477 505 454 Utilities (D) 122 (D) (D) 127 Construction 8,100 8,574 8,960 9,157 9,508 Manufacturing 3,983 4,126 4,124 4,234 4,226 Wholesale Trade 2,070 2,156 2,263 2,236 2,245 Retail Trade 9,724 9,826 10,123 10,230 10,068 Transportation and Warehousing (D) 2,028 (D) (D) 2,288 Information 1,040 1,109 1,183 1,155 1,129 Finance and Insurance & Real Estate 2,715 2,795 3,076 3,109 3,176 Real Estate, Rental and Leasing 6,227 6,609 7,018 6,777 6,705 Professional and Technical Services 7,350 7,801 8,230 8,447 8,709 Management of Companies 340 322 374 388 379 Administrative and Waste Services 3,116 3,384 3,554 3,826 3,718 Educational Services 1,421 1,537 1,612 1,654 1,674 Healthcare and Social Assistance 6,429 6,808 7,026 7,186 7,162 Art, Entertainment and Recreation 2,942 2,925 3,185 3,321 2,953 Accommodation and Food Services 8,070 8,533 8,755 9,021 7,681 Other Services 3,945 4,101 4,425 4,532 4,348 Government & Government Enterprises 10,237 10,430 10,590 11,081 10,843 Federal/Civilian 587 578 574 587 635 Military 492 495 487 495 497 State and Local 9,158 9,357 9,529 9,999 9,711 __________________ 1 Excludes limited partners. (D) Not shown to avoid disclosure of confidential information, but the estimates for this item are included in the totals. Source: U.S. Department of Commerce, Regional Economic Information System, Bureau of Economic Analysis 405 (This Page Intentionally Left Blank.) 406 C-1 APPENDIX C CONTINUING DISCLOSURE 407 C-2 CONTINUING DISCLOSURE Purpose and Beneficiaries In order to permit participating underwriters in the primary offering of the Bonds to comply with paragraphs (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended (the “Rule”), the City will enter into a continuing disclosure undertaking for the benefit of the Owners (as hereinafter defined) from time to time of any Bonds that are outstanding to provide annual reports of specified information and notice of the occurrence of certain events, to the Municipal Securities Rulemaking Board (“MSRB”) through its Electronic Municipal Market Access system website (“EMMA”), and to provide notice of the occurrence of certain events as hereinafter described (the “Disclosure Covenants”). The City is the only “obligated person” in respect of the Bonds, within the meaning of the Rule. The information to be provided on an annual basis, the events as to which notice is to be given and a summary of other provisions of the Disclosure Covenants, including termination, amendment and remedies, are set forth below. Breach of the Disclosure Covenants will not constitute a default or an “Event of Default” under the Bonds or the Bond Resolution. A broker or dealer is to consider a known breach of the Disclosure Covenants, however, before recommending the purchase or sale of the Bonds in the secondary market. Thus, a failure on the part of the City to observe the Disclosure Covenants may adversely affect the transferability and liquidity of the Bonds and their market price. If the City fails to comply with any of the Disclosure Covenants, any person aggrieved thereby, including the Beneficial Owners of any outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any such covenant contained herein, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default thereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under the Disclosure Covenants constitute a default under the Bonds or under any other provision of the Bond Resolution. As used herein, “Owner” or “Bondowner” means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, “Beneficial Owner” means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. Information To Be Disclosed The City will provide either directly or indirectly through an agent designated by the City, the following information at the following times and in the following manner. Fiscal Year 2022 Annual Financial Information to Be Filed. With the exception of the audited financial statements for fiscal year ended June 30, 2022, this Official Statement contains the annual financial information described below with respect to fiscal year ended June 30, 2022; therefore, the City will provide to the MSRB as described below only the audited financial statements for fiscal year ended June 30, 2022, 408 C-3 on or before 270 days after June 30, 2022 or within 10 business days after the receipt thereof if received after the deadline. Ongoing Annual Information. On or before 270 days after the end of each fiscal year of the City, commencing with the fiscal year ending June 30, 2023, the following financial information and operating data in respect of the City (the “Disclosure Information”) will be provided to the MSRB as described below. Such Disclosure Information may be unaudited and, for financial statement information, shall be for the most recent completed fiscal year of the City and, for operating data, shall be the operating data for the then most recent completed fiscal year compiled by the City and publicly available under applicable data privacy or other law: Annual Financial Statements: (1) audited financial statements of the City for the then most recent completed fiscal year or if unavailable by the date specified, the City shall provide on or before such date unaudited financial statements as part of the Disclosure Information and, within 10 business days after the receipt of thereof, the City shall provide the audited financial statements. The audited financial statements are to be prepared in accordance with generally accepted accounting principles or as otherwise provided under State law, as such principles may be changed from time to time as permitted by State law. If and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, the discrepancies will be noted. Operating Data: updated information for the City for the then most recent completed fiscal year (commencing with the fiscal year ending June 30, 2023), which may be unaudited, compiled by the City on a customary basis and publicly available under applicable data privacy or other law to include: (2) general obligation bonds outstanding; (3) assessed valuation; (4) taxable valuation; and (5) tax collection figures for the then most recent completed fiscal year in format similar to the table on page 16 in the section “Tax Collections.” The Disclosure Information will be provided to the MSRB commencing with the City’s fiscal year ending June 30, 2023 and may be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the internet website of the MSRB or filed with the Securities Exchange Commission (the “SEC”). In the event that the City’s fiscal year (currently, a fiscal year ending June 30) is changed as may be required or permitted by State law, the City would provide notice of the same as described under “– Certain Other Information” herein and amend its filing date in the manner described under “Amendments; Interpretation” herein. If any part of the Disclosure Information is changed because it can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such discontinued operations have been replaced by other operations of the City in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be material, then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or the Disclosure Covenants are amended as permitted by the Bond Resolution, then the City is to include in the next Disclosure Information to be delivered hereunder, to the 409 C-4 extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. Certain Events. In a timely manner, but not in excess of 10 business days of the occurrence of an event, the City must file with the MSRB through EMMA in an electronic format as prescribed by the MSRB, if any, notice of the occurrence of any of the following events: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; (7) Modifications to rights of security holders, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the securities, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the obligated person; (13) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action, or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (14) Appointment of a successor or additional trustee or the change of name of a trustee, if material; (15) Incurrence of a financial obligation of the issuer or obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the issuer or obligated person, any of which affect security holders, if material; and (16) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the financial obligation of the issuer or obligated person, any of which reflect financial difficulties. As used herein, for those events that must be reported if material, an event is “material” if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed under the Disclosure 410 C-5 Covenants or information generally available to the public. Notwithstanding the foregoing sentence, an event is also “material” if it is an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For purposes of paragraphs (15) and (16) above, the term “financial obligation” means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of either (i) or (ii). A “financial obligation” does not include municipal security for which a final official statement has been provided to the MSRB consistent with the Rule. Certain Other Information. The City will provide notice in a timely manner to the MSRB through EMMA in an electronic format as prescribed by the MSRB notice of the occurrence of any of the following events or conditions: (1) the failure of the City to provide the Disclosure Information at the time specified under “Annual Information” herein; (2) the amendment or supplementing of the Disclosure Covenants pursuant to the Bond Resolution, together with a copy of such amendment or supplement and any explanation provided by the City under “Amendments” herein; and (3) any change in the fiscal year of the City. Manner of Disclosure The City agreed to make available the information described herein under “Information To Be Disclosed” to the following entities by electronic, telecopy, overnight delivery, mail or other means, as appropriate: (A) the information described under “Information To Be Disclosed” to the MSRB through EMMA in an electronic format as prescribed by the MSRB; (B) the information described under “Information To Be Disclosed” to any rating agency then maintaining a rating of the Bonds and, at the expense of such Bondowner, to any Bondowner who requests in writing such information at the time of the transmission under clause (A) above as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released; and (C) all documents provided to the MSRB shall be accompanied by identifying information as prescribed by the MSRB. Term The Disclosure Covenants are to remain in effect until all Bonds have been paid or defeased under the Bond Resolution. 411 C-6 Amendments; Interpretation The Disclosure Covenants and the form and requirements of the Disclosure Information may be amended or supplemented by the City from time to time, without notice to or the consent of the Bondowner of any Bonds, by resolution or ordinance of the City filed in the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualification to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule, assuming that such provisions apply to the Bonds. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. The Disclosure Covenants are entered into as a continuing disclosure undertaking to provide continuing disclosure identical to that required by the continuing disclosure provisions of the Rule and should be construed so the undertaking would satisfy the requirements of paragraph (b)(5) of the Rule, assuming it was otherwise applicable to the Bonds. Further Limitation of Liability of City None of the agreements or obligations of the City contained in the Disclosure Covenants shall be construed to constitute an indebtedness of the City within the meaning of any constitutional or statutory provisions whatsoever or constitute a pledge of the general credit or taxing powers of the City. 412 D-1 APPENDIX D FORM OF LEGAL OPINION 413 D-2 [form of bond counsel opinion] [to be dated the date of issuance of the Bonds] City of Bozeman, Montana Bozeman, Montana D.A. Davidson & Co. Great Falls, Montana Re: $6,730,000 General Obligation Bonds, Series 2022 City of Bozeman, Montana Ladies and Gentlemen: We have acted as Bond Counsel to City of Bozeman, Montana (the “City”) in connection with the authorization, sale and issuance by the City of the obligations described above, dated, as originally issued, as of the date hereof (the “Bonds”). In that capacity, we have examined certified copies of certain proceedings taken, and certain affidavits and certificates furnished, by the City in the authorization, sale and issuance of the Bonds, including a resolution adopted by the City Commission of the City on __________, 2022, and the form of the Bonds. As to questions of fact material to our opinion, we have assumed the authenticity of and relied upon the proceedings, affidavits, and certificates furnished to us without undertaking to verify the same by independent investigation. From our examination of such proceedings, affidavits, and certificates and on the basis of existing law, it is our opinion that: 1. The Bonds are valid and binding general obligations of the City, enforceable in accordance with their terms. 2. The full faith and credit of the City are pledged to the payment of the principal of and interest on the Bonds, and ad valorem taxes are required by law to be levied annually during the term of the Bonds on all taxable property within the City, without limitation as to rate or amount, in amounts sufficient to pay the principal of and interest on the Bonds as due. 3. Interest on the Bonds: (a) is excludable from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”); and (b) is not an item of tax preference for purposes of the federal alternative minimum tax imposed by Section 55 of the Code. 4. The City has designated the Bonds as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code, and financial institutions described in Section 265(b)(5) of the Code may treat the Bonds for purposes of Sections 265(b)(2) and 291(e)(1)(B) of the Code as if they were acquired on August 7, 1986. 5. Interest on the Bonds is excludable from gross income for purposes of State of Montana individual income taxation. 414 D-3 The opinions expressed in paragraphs 1 and 2 above are subject, as to enforceability, to the effect of any applicable state or federal laws relating to bankruptcy, insolvency, reorganization, moratorium or creditors’ rights and principles of equity, whether considered at law or in equity. The opinions expressed in paragraphs 3, 4, and 5 above are subject to the condition of the City’s compliance with all requirements of the Code that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon may be, and continue to be, excluded from gross income for federal income tax and Montana individual income tax purposes, and the Bonds be and continue to be qualified tax-exempt obligations. The City has covenanted to comply with these continuing requirements. Its failure to do so could result in the inclusion of interest on the Bonds in gross income for federal income tax purposes and Montana individual income tax purposes, which may be retroactive to the date of issuance of the Bonds. Except as stated in this opinion, we express no opinion regarding federal, state or other tax consequences to the holders of the Bonds. We note, however, that interest on the Bonds is includable in the computation of income for purposes of the Montana alternative corporate income tax and the Montana corporate income tax. We do not express any opinion as to any laws other than the laws of the State of Montana and federal laws of the United States of America as in effect on the date hereof. We assume no obligation to revise, supplement, or update this opinion to reflect any facts or circumstances that may hereafter come to our attention or any changes in the laws of the State of Montana or of the United States of America that may occur after the date hereof, including, but not limited to, laws which may have retroactive effect. We have not been engaged, and have not undertaken, to review the accuracy, completeness or sufficiency of the Official Statement or any other offering materials relating to the Bonds and, accordingly, we express no opinion with respect thereto. Dated: ___________, 2022. Very truly yours, 415 (This Page Intentionally Left Blank.) 416 E-1 APPENDIX E BOOK-ENTRY SYSTEM 417 E-2 BOOK-ENTRY SYSTEM The information presented below was obtained from The Depository Trust Company (“DTC”) and the City makes no representation as to the accuracy or completeness thereof. As used herein, “Issuer” refers to the City and “Securities” refers to the General Obligation Bonds, Series 2022, of the City. 1. The Depository Trust Company (“DTC”), New York, NY, will act as securities depository for the securities (the “Securities”). The Securities will be issued as fully registered securities registered in the name of Cede & Co. (DTC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully-registered Security certificate will be issued for each issue of the Securities, each in the aggregate principal amount of such issue, and will be deposited with DTC. 2. DTC, the world’s largest depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities through electronic computerized book-entry transfers and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others, such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC has a Standard & Poor’s rating of AA+. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. 3. Purchases of Securities under the DTC system must be made by or through Direct Participants, which will receive a credit for the Securities on DTC’s records. The ownership interest of each actual purchaser of each Security (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Securities are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Securities, except in the event that use of the book-entry system for the Securities is discontinued. 4. To facilitate subsequent transfers, all Securities deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of the Securities with DTC and their registration in the name of Cede & Co., or such other nominee, do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Securities; DTC’s records reflect only the identity of the Direct Participants to whose accounts such Securities are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. 418 E-3 5. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. 6. Redemption notices shall be sent to DTC. If less than all of the Securities within an issue are being redeemed, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. 7. Neither DTC nor Cede & Co. (nor such other DTC nominee), will consent or vote with respect to Securities unless authorized by a Direct Participant in accordance with DTC’s MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the Issuer as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts Securities are credited on the record date (identified in a listing attached to the Omnibus Proxy). 8. Redemption proceeds on the Securities will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from the Issuer or Agent, on the payable date in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC, Agent, or the Issuer, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the Issuer or Agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. 9. DTC may discontinue providing its services as depository with respect to the Securities at any time by giving reasonable notice to the Issuer or Agent. Under such circumstances, in the event that a successor depository is not obtained, Security certificates are required to be printed and delivered. 10. The Issuer may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, Security certificates will be printed and delivered to DTC. 11. The information in this section concerning DTC and DTC’s book-entry system has been obtained from sources that the Issuer believes to be reliable, but the Issuer takes no responsibility for the accuracy thereof. 419 (This Page Intentionally Left Blank.) 420 F-1 APPENDIX F CITY OF BOZEMAN ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2021 421 (This Page Intentionally Left Blank.) 422 CITY OF BOZEMAN, MONTANAANNUAL COMPREHENSIVE FINANCIAL REPORTFOR THE FISCAL YEAR ENDED JUNE 30, 2021Prepared by the City of Bozeman Finance DepartmentCITY OF BOZEMAN, MONTANA ANNUAL COMPREHENSIVE FINANCIAL REPORT JUNE 30, 2021TABLE OF CONTENTSI. INTRODUCTORY SECTIONLetter of Transmittal..........................................................................................................................................................................................................1-9Governmental Financial Officers’ Association Certificate of Achievement......................................................................................................................10Organizational Chart...........................................................................................................................................................................................................11City Elected Officials and Officers................................................................................................................................................................................12-13II. FINANCIAL SECTIONINDEPENDENT AUDITOR’S REPORT.....................................................................................................................................................................14-16A. MANAGEMENT’S DISCUSSION AND ANALYSIS ................................................................................................................................................17-26B. BASIC FINANCIAL STATEMENTSGovernment Wide Financial StatementsStatement of Net Position........................................................................................................................................................................................27-28Statement of Activities.................................................................................................................................................................................................29Fund Financial StatementsGovernmental Fund Financial StatementsBalance Sheet – Governmental Funds..............................................................................................................................................................30-31Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position ...........................................................................32Statement of Revenues, Expenditures, and Changes in Fund Balances – Governmental Funds...........................................................................33Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to The Statement of Activities ...................................................................................................................................................................................34Proprietary Fund Financial StatementsStatement of Net Position – Proprietary Funds.................................................................................................................................................35-36Statement of Revenues, Expenses, and Changes in Fund Net Position – Proprietary Funds ................................................................................37Statement of Cash Flows – Proprietary Funds..................................................................................................................................................38-39Fiduciary Fund Financial StatementsStatement of Fiduciary Net Position – Fiduciary Funds........................................................................................................................................40Statement of Changes in Fiduciary Net Position – Fiduciary Funds.....................................................................................................................41Notes to Financial Statements......................................................................................................................................................................................42-112423 CITY OF BOZEMAN, MONTANA ANNUAL COMPREHENSIVE FINANCIAL REPORT JUNE 30, 2021TABLE OF CONTENTS (CONTINUED)C. REQUIRED SUPPLEMENTARY INFORMATION OTHER THAN MANAGEMENT DISCUSSION AND ANALYSISSchedule of Changes in Total OPEB Liability & Related Ratios.....................................................................................................................................113Schedule of Proportionate Share of Net Pension Liability and Schedule of Contributions.......................................................................................114-116Notes to Required Supplementary Information – Pension Plan Changes..................................................................................................................117-122Schedule of Revenues, Expenditures, and Changes in Fund Balances – Budget to Actual – General Fund....................................................................123Schedule of Revenues, Expenditures, and Changes in Fund Balances – Budget to Actual American Rescue PlanSpecial Revenue Fund...........................................................................................................................................................124Notes to Required Supplementary Information – Budgetary Information........................................................................................................................125D. SUPPLEMENTAL INFORMATIONCombining and Individual Fund Financial Statements and Schedules– Governmental FundsCombining Balance Sheet – Nonmajor Governmental Funds.............................................................................................................................126-132Combining Statement of Revenue, Expenditures, and Changes in Fund Balance – Nonmajor Governmental Funds........................................133-139Schedules of Revenues, Expenditures, and Changes in Fund Balances - Budget to Actual Other Major Governmental Funds................................................................................................................................................................140-141Schedules of Revenues, Expenditures, and Changes in Fund Balances - Budget to Actual Nonmajor Governmental Funds....................................................................................................................................................................142-156Combining Nonmajor Proprietary Fund StatementsCombining Statements of Net Position ...............................................................................................................................................................157-158Combining Statements of Revenues, Expenses, and Changes in Net Position..........................................................................................................159Combining Statements of Cash Flows.................................................................................................................................................................160-161Internal Service Funds StatementsCombining Statement of Net Position........................................................................................................................................................................162Combining Statement of Revenues, Expenses, and Changes in Fund Net Position...................................................................................................163Combining Statements of Cash Flows.................................................................................................................................................................164-165Fiduciary FundsCombining Statements of Fiduciary Net Position – Custodial Funds........................................................................................................................166Combining Statement of Changes Fiduciary Net Position – Custodial Funds...........................................................................................................167CITY OF BOZEMAN, MONTANA ANNUAL COMPREHENSIVE FINANCIAL REPORT JUNE 30, 2021TABLE OF CONTENTS (CONTINUED)III. STATISTICAL SECTIONFinancial Trends SectionNet Position by Component........................................................................................................................................................................................168Changes in Net Position......................................................................................................................................................................................116-170Fund Balances of Governmental Funds......................................................................................................................................................................171Changes in Fund Balances, Governmental Funds......................................................................................................................................................172Revenue Capacity SectionAssessed value of Taxable Property...........................................................................................................................................................................173City Taxable Market and Taxable Values..................................................................................................................................................................174Tax Increment District Taxable Valuation Detail......................................................................................................................................................175Downtown Bozeman Improvement District & Comparison to City Taxable Value..................................................................................................176Property Tax Levies in the Downtown Bozeman Improvement District...................................................................................................................177Direct and Overlapping Property Tax Rates...............................................................................................................................................................178Principal Property Tax Payers....................................................................................................................................................................................179Principal Property Tax Payers in Downtown Bozeman Improvement District..........................................................................................................180Property Tax Levies and Collections..........................................................................................................................................................................181Water Sold by Type of Customer...............................................................................................................................................................................182Water and Sewer Rates...............................................................................................................................................................................................183Debt Capacity SectionRatios of Outstanding Debt by Type..........................................................................................................................................................................184Ratios of General Bonded Debt Outstanding.............................................................................................................................................................185Direct and Overlapping Governmental Activities Debt.............................................................................................................................................186Legal Debt Margin Information.................................................................................................................................................................................187Pledged Revenue Coverage........................................................................................................................................................................................188Debt Service Requirements and Coverage for Downtown Tax Increment District ...................................................................................................189Summary of Outstanding SIDs...................................................................................................................................................................................190Revolving Fund Balance and Bond Secured Thereby................................................................................................................................................191Special Improvement District Assessment Billing and Collections...........................................................................................................................192Demographics and Economic SectionDemographic and Economic Statistics.......................................................................................................................................................................193Principal Employers for Gallatin County...................................................................................................................................................................194Operating InformationFull-time Equivalent City Government Employees by Function/Program................................................................................................................195Operating Indicators by Function/Program................................................................................................................................................................196Capital Asset Statistics by Function/Program............................................................................................................................................................197424 CITY OF BOZEMAN, MONTANA ANNUAL COMPREHENSIVE FINANCIAL REPORT JUNE 30, 2021TABLE OF CONTENTS (CONTINUED)IV. SINGLE AUDIT SECTIONSchedule of Expenditures of Federal Awards...................................................................................................................................................................198Notes to Schedule of Expenditures of Federal Awards.....................................................................................................................................................199Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based On an Audit of Finance Statements Performed in Accordance with Government Auditing Standards.........................................................200-201Independent Auditor’s Report on Compliance for Each Major Program and on Internal Control Over Compliance Required by the Uniform Guidance .....................................................................................................................................................202-203Schedule of Findings and Questioned Costs......................................................................................................................................................................204Status of Prior Audit Findings...........................................................................................................................................................................................205PART IINTRODUCTORY SECTION425 1CITY OF BOZEMAN, MONTANAJanuary 27, 2022To the Citizens of the City of Bozeman, MontanaThe Annual Comprehensive Financial Report of the CITY OF BOZEMAN, MONTANAfor the fiscal year ended JUNE 30, 2021 is hereby submitted. Responsibility for both the accuracy of the data, and the completeness and fairness of the presentation, including all disclosures, rests with the City. To the best of our knowledge and belief, the enclosed data are accurate in all material respects and are reported in a manner designed to present fairly the financial position and results of operations of the various funds of the City. All disclosures necessary to enable the reader to gain an understanding of the City's financial activities have been included.In addition to the financial audit, the City undertakes a single audit in conformance with the Single Audit Act Amendments of 1996 and U.S. Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Audits. The results of this single audit, including a schedule of expenditures of federal awards, and the independent auditor’s reports on the City’s internal controls and compliance with legal requirements, with special emphasis on internal controls and legal requirements involving the administration of federal awards, are available in the City’s issued single audit report.This transmittal letter is designed to complement the MD&A and should be read in conjunction with the MD&A.2CITY OF BOZEMAN, MONTANACITY OF BOZEMAN PROFILEThe City of Bozeman is located on the eastern slope of the Rocky Mountains and is the county seat of Gallatin County, Montana. Gallatin County encompasses over 2,500 square miles, bordering Yellowstone National Park to its south. The City encompasses an area over 18 square mileswith its next-closest municipality being the City of Belgrade, approximately 7 miles from our outermost boundary. Bozeman is the county seat of Gallatin County and is the home to Montana State University – Bozeman, and the Fighting Bobcats. Bozeman is located 143 miles west of Billings and 200 miles east of Missoula. The City was incorporated in April of 1883 with a city council form of government, and later in January 1922 transitioned to its current city manager/city commission form of government. The population of Bozeman in 2020 census is 53,293 – which is a total increase of 43% from April 2010 – which continues Bozeman’s standing as the fourth largest city in the state. The government provides a full range of services. These services include police and fire protection; sanitation services; water, waste water & storm water utilities; the construction and maintenance of streets and infrastructure; recreational activities; cultural events; planning and zoning; and general administrative services. The City, as a primary government, is supported or works closely with certain entities to provide these services to the citizens of the City of Bozeman. The Bozeman Public Library Board of Trustees, Senior Advisory Council and the Parking Commission are excluded from presentation in these financial statements, since their relationship with the City is strictly advisory in nature at this time.426 3CITY OF BOZEMAN, MONTANAECONOMIC CONDITION AND OUTLOOKPolicom reported in 2020 that Bozeman is the fastest growing Micropolitan area in the United States. With Bozeman’s population growing nearly 20 percent in the last 5 years, it tops the ranks of population growth across all cities in Montana. Part of the draw to Bozeman is the increased number of college students attending school at MSU for in-demand engineering and tech degrees, the substantial growth in tech companies migrating to the area, and an increase in relocation during the pandemic that appears to be fueled by expanded remote-work options. There were 150 new single family homes and 125 multi-family residential building permits issued in Bozeman in 2021. This continued growth has increased the need for City services and infrastructure. Montana State University has seen a steady growth of enrollment over the last three years as well. Due to COVID-19, the United States’ economy continues to move forward with uncertainty, after the brief but severe pandemic recession of 2020. Fortunately, Montana’s tourism industry was able to recover quickly from the initial impact of stay-at-home orders and closed businesses to see record visitation at Yellowstone National Park during months of 2021. The expansion of our local tourism industry is one of multiple factors that has resulted in a pronounced labor shortage. Montana’s shortage of workers throughout a wide variety of occupations and industries is as pronounced as anywhere in the country, with a 62% increase in job openings since before the pandemic began. We continue to watch all cash flow in all funds and from all sources and look for opportunities to meet Bozeman’s infrastructure needs with increased federal funding becoming available. On March 10, 2021, the House of Representatives approved a Senate-amended version of President Biden's $1.9 trillion COVID-19 relief package -the American Rescue Plan. The package includes $350 billion in aid for state and local governments, along with additional funding for other areas like education, rental assistance and transit. The President signed the bill into law on March 11, 2021. The City received over $6 million at the end of FY21 and will receive another $6 million at the end of FY22.The Consumer Price Index has grown over the last 10 years for the United States and particularly for the Western States. For FY20 the three year average change was 1.97% while the Western State CPI-U is showing 3.49% three year average change. Before COVID-19 the unemployment rate is 2.4% and per capita income is $30,268. The median single family home price for 2020 was $562,000. The top three major employers are Bozeman Deaconess Hospital, Oracle America and Bozeman School District #7. The number of available jobs in Bozeman is at an all-time high. The City is booming with employment opportunities as job growth continues to climb. Bozeman also offers a lower unemployment rate than in comparison cities. A tighter job market and lower unemployment rate sets Bozeman apart from its peer cities.4CITY OF BOZEMAN, MONTANABUDGET DEVELOPMENT PROCESSThe City of Bozeman budget serves several purposes. For the citizens of the City of Bozeman, it presents a picture of the city government operations andintentions for the year. For the City Commission, it serves as a policy tool and as an expression of goals and objectives. For City Management, it is used as an operating guide and a control mechanism. The City Manager’s Recommended Budget is created and submitted to the City Commission. Public work sessions are then held by the Commissioners at which time the City Manager, Finance Director, and department staff explain the budget recommendations and underlying justification for the requests. The Commission also reviews departmental requests which could not be funded, as an indication of unmet needs. During (or following) the work sessions, the Commissioners may make adjustments to the proposed budget. Following any adjustments to the City Manager's budget recommendation, a tentative appropriation ordinance is prepared and a public hearing is held. The Commission may again make adjustments to the budget following the public hearing, after which time, the Commission passes the appropriation ordinance in final form.FINANCIAL POLICIESThe overall goal of the City's financial policies is to establish and maintain effective management of the city's financial resources. Formal policy statements and major objectives provide the foundation for achieving this goal. The City avoids budgetary practices that balance current expenditures at the expense of meeting future years' expenses and seeks to maintain a diversified and stable revenue base that is estimated in a realistic and conservative manner. For one-time revenues, highest priority is given to the funding of capital assets or other non-recurring expenditures. On-going expenditures are limited to levels which can be supported by current revenues. Construction projects and capital purchases of $25,000 or more are included in the Capital Improvement Plan (CIP), with all capital purchases of $5,000 or more reported as capital outlays in the financial statements. Minor capital outlays of less than $5,000 are included in the regular operating budget. 427 5CITY OF BOZEMAN, MONTANASpending of resources happen in the following order (they are categorized according to Generally Accepted Accounting Principles (GAAP) for state and local governments, with the following general definitions): !Restricted -- Amounts constrained to specific purposes by their providers (such as grantors, bondholders, and higher levels of government) through constitutional provisions or by enabling legislation. !Committed -- Amounts constrained to specific purposes by the City Commission; to be reported as committed, amounts cannot be used for any other purpose unless the City Commission takes action to remove or change the constraint. !Assigned -- Amounts the City intends to use for a specific purpose; intent can be expressed by the Commission or by an official or body to which the City Commission delegates the authority. The City Commission delegates this authority to the City Manager. !Unassigned -- Amounts that are available for any purpose; these amounts are reported only in the General Fund. Long-term debt is limited to capital improvements which cannot be financed from current revenues and repays borrowed funds within a period that does not exceed the expected useful life of the project. The City does not use long-term debt for financing current operations and adheres to a policy of full public disclosure with regard to the issuance of debt.A minimum level of general fund reserve equal to 2 months of annual revenues, or 16.67%, is maintained. This reserve is committed to be used for: cash flow purposes, accrued employee payroll benefits which are not shown as a liability, unanticipated equipment acquisition and replacement, and to enable the city to meet unexpected expenditure demands or revenue shortfalls. The City manages and accounts for its financial activity in accordance with Generally Accepted Accounting Principles (GAAP), as set forth by the Governmental Accounting Standards Board (GASB). The City maintains its accounting records for general governmental operations on a modified accrual basis, with revenues recorded when available and measurable, and expenditures recorded when services or goods are received and liabilities incurred. Accounting records for proprietary fund types and similar trust funds are maintained on an accrual basis, with all revenues recorded when earned and expenses recorded at the time liabilities are incurred, without regard to receipt or payment of cash.6CITY OF BOZEMAN, MONTANAInternal ControlsInternal accounting controls are designed to provide reasonable (but not absolute) assurance of the safeguarding of assets against loss, theft or misuse. They are also designed to aid in the reliability of financial records. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits likely to be derived and that the evaluation of costs and benefits requires estimates and judgments by management. In developing and evaluating the City’s accounting system, great consideration is given to the adequacy of internal accounting controls. We believe that the City of Bozeman’s internal accounting controls adequately safeguard assets and provide reasonable assurance of proper recording of financial transactions.HIGHLIGHTS OF FISCAL YEAR 2021Continued construction of the new Bozeman Public Safety Center:. Ground breaking for the Bozeman Public Safety Center (BPSC) was early April, 2020 with an expected opening date of April 2022. On the November 11th, 2018 ballot, the citizens of Bozeman voted to issue $36,965,000 in General Obligation bonds to fund the building of the Bozeman Public Safety Center, which is to house the Police, City Attorneys, Municipal Court, one Fire Station and public use spaces. The bonds were successfully sold in September of 2019 and will be repaid using the City’s taxing authority. Total project cost is $43.5M about $37M of that is building construction. BPSC is three stories and 95,000 square feet. All of the storm water generated on site will be treated and stay on site and it is planned to have the largest building-mounted solar array in Montana.Fiscal Year 2021 Strategic Plan Priorities: The Commission reviewed the five priorities from FY20 and added to additional priorities. The seven priorities guiding the FY21 budget were:• Community Outreach• Affordable Housing• Planning & Land Use Initiatives• Annexation Analysis & Study• Parks Maintenance District• Climate Action• Tax Fairness and Affordability 428 7CITY OF BOZEMAN, MONTANAParks & Trails Maintenance District: May 5, 2020 the Citizens of Bozeman voted to approve the creation of a Parks & Trails District for FY21. The plan for this district has been in the works for years and developed first with consultants and furthered in the most recent Capital Improvement Plan and internal staffing plan. This district removed the parks, recreation and aquatics expenditures out of the general fund, and levieda special assessment to pay for the personnel, operating and capital expenditures in the future. A citywide park and trail district is an effort to solve three major issues of deferred maintenance, operations and maintenance of all city owned parks, and equity. FOR THE FUTUREStrategic PlanWith the adoption of the Strategic plan, the FY22 budget incorporated efforts to implement each of the vision statements. The Commission set thirteen priorities along with strides towards the strategic plan. The highlights of the impact on the budget include:1. An Engaged Community. Fostering successful collaboration with other public agencies and building on our successes, which is being achieved through City-County Regional Planning and other areas such as the CATS (EPIC-N) program with MSU. We are continuing our work to foster a culture of civic engagement by using our adopted communication plan for the organization to expand community outreach and community engagement. 2. An Innovative Economy. Supporting retention and growth of both the traded and local business sectors in coordination with the Economic DevelopmentPlan that is budgeted to be updated. Working with our urban renewal districts we are strategically investing in infrastructure as a mechanism to encourage economic development. We are reviewing policies, Perusing Grants and Philanthropic Funding, and will aid the Commission in developing its steps towards its priority of Property Tax Relief.3. A Safe, Welcoming Community. This budget includes steps towards an Inclusive City with training and a summit. The Bozeman Public Safety Center opens in the last quarter of FY22. Body worn cameras as planned in the recent capital plan will be integrated with the new technology being implemented at the Bozeman Public Safety Center. Identify Options to Ban Flavored Tobacco is being explored and a work session is planned for the Commission. All though new state law might limit our efforts.8CITY OF BOZEMAN, MONTANA4. A Well‐Planned City. The Parks, Recreation, Open Space, and Trails (PROST) Master Plan is being updated and this work started at the end of FY21. Community Housing will be continuing the implementation of its action plan, which will provide more Affordable Housing opportunities along with a ballot question for this fall’s election for a standalone mill levy. We have Planning & Land Use Initiatives with the City County Regional Planning, and Code Updates. We will continue moving forward with our Annexation Analysis & Study with a Commission work session this fall. 5. A Creative, Learning Culture. The 1% of arts has been incorporated into our Capital Improvement Plan and we have projects that will include the 1% on the ballot for a bond question this fall. This program provides a guaranteed funding mechanism for the acquisition of artwork for new public facilities and civic spaces.6. A Sustainable Environment. This Approved Budget looks at Climate Action Plan Implementation and continues to increase the Sustainability Divisions’ budget from $255,909 in FY20 to $612,088 in FY22. We have work sessions scheduled at the end of FY21 and into FY22 for Sensitive Lands Protection Planning, and Wetland Preservation and Banking.7. A High Performance Organization. We have already stated the ground work and will complete in FY22 Advisory Board Consolidation. Throughout the organization departments are working on collaborating and functioning as a high performing and innovative team. Staff continues to look at its rates, fees and charges to ensure we are using equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner.COVID-19 continued response- We will continue to see the impacts of COVID, and the City will have to respond based on those impacts. We are ensuring reserves are in place, designing work and work spaces for social distancing, and seeking Federal funding when possible. The economic impacts will be monitored closely to be able to respond quickly and adjust our plans, strategies and spending. OTHER INFORMATIONIndependent AuditThe State of Montana requires a biannual audit of the books of accounts, financial records, and transactions of all administrative departments of the City by independent certified accountants selected by the City Commission. It is the belief of the City Commission and Executive staff that an annual audit assures a higher level of financial management and fiscal responsibility. This policy, along with the legal requirements, has been complied with and the auditors' opinion of Anderson, ZurMuehlen & Co. P.C., has been included in this report.429 9 CITY OF BOZEMAN, MONTANA Awards The Government Finance Officers' Association (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Bozeman for its annual comprehensive financial report for the fiscal year ended June 30, 2020. This was the 37th consecutive year that the City has received this prestigious award. In order to be awarded a Certificate of Achievement, the City published an easily readable and efficiently organized annual comprehensive financial report. This report satisfied both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe our current annual comprehensive financial report continues to meet the Certificate of Achievement Program's requirement and we are submitting it to the GFOA to determine its eligibility for another certificate. Acknowledgements The preparation of the Annual Comprehensive Financial Report on a timely basis was made possible by the dedicated service of the entire staff of the Finance Department. Each member of the department has our sincere appreciation for the contributions made in the preparation of this report. In closing, without the leadership and support of the governing body of the City, preparation of this report would not have been possible. 10CITY OF BOZEMAN, MONTANAGOVERNMENT FINANCE OFFICERS’ ASSOCIATION CERTIFICATE430 11CITY OF BOZEMAN, MONTANAORGANIZATIONAL CHART Fiscal Year 202112CITY OF BOZEMAN, MONTANACITY ELECTED OFFICIALS AND OFFICERS Fiscal Year 2021 ELECTED OFFICIALSLegislativeCynthia Andrus MayorTerence Cunningham Deputy MayorChristopher Coburn CommissionerI-Ho Pomeroy CommissionerJennifer Madgic CommissionerJudicialKarl SeelColleen HerringtonMunicipal JudgeMunicipal JudgeOFFICERSExecutiveJeff MihelichChuck WinnAnna RosenberryMichael MaasCity ManagerAssistant City ManagerAssistant City ManagerCity ClerkDepartment of LawGregory Sullivan City AttorneyDepartment of FinanceKristin Donald, MBA Finance DirectorAaron Funk, CPA ControllerLaurae Clark Treasurer 431 13CITY OF BOZEMAN, MONTANACITY ELECTED OFFICIALS AND OFFICERS Fiscal Year 2021 OFFICERS (CONTINUED)Department of Economic DevelopmentBrit FontenotDepartment of Information TechnologyScott McMahanDepartment of Human ResourcesCassandra TozerDepartment of Public SafetyDirector of Economic DevelopmentInformation Technology DirectorHuman Resources DirectorJames Veltkamp Chief of PoliceJosh Waldo Fire ChiefDepartment of Public ServiceVacant Director of Public ServiceVacant City EngineerJon Henderson Director of Strategic ServicesDepartment of Public WelfareMitch Overton Director of Parks & RecreationSusan Gregory Director of Bozeman Public LibraryDepartment of Planning and Community DevelopmentMartin Matsen Director of Planning and Community DevelopmentPART II FINANCIAL SECTION432 141019 E MAIN ST• SUITE 201• BOZEMAN, MONTANA 59715 TEL: 406.556.6160• FAX:406.586.8719• WEB: www.azworld.comANDERSON ZURMUEHLEN & CO., P.C. • CERTIFIED PUBLIC ACCOUNTANTS & BUSINESS ADVISORSMEMBER: AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTSINDEPENDENT AUDITOR’S REPORTHonorable Mayor, City Commissioners, and City Manager of the City of Bozeman, Montana Report on the Financial StatementsWe have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of City of Bozeman, Montana (the City), as of and for the year ended June 30, 2021, and related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents. Management’s Responsibility for the Financial StatementsManagement is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generallyaccepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.Auditor’s ResponsibilityOur responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.AANDERSON ZURMUEHLEN & CO., P.CCERTIFIED PUBLIC ACCOUNTANTS & BUSINESS ADVISORS15OpinionsIn our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of City of Bozeman, Montana, as of June 30, 2021, and the respective changes in financial position, and, where applicable, cash flows, thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other MattersRequired Supplementary InformationAccounting principles generally accepted in the United States of America require that the management’s discussion and analysis, budgetary comparison information – General Fund and Major Special Revenue Funds, Schedule of Changes in Total Other Postemployment Benefits Liability and Related Ratios, and Schedule of Proportionate Share of Net Pension Liability and Schedule of Contributions be presented to supplement the basic financial statements.Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.Other InformationOur audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Bozeman’s basic financial statements. The introductory section, supplemental information, and statistical section, as listed in the table of contents, are presented for purposes of additional analysis and are not a required part of the basic financial statements. The schedule of expenditures of federal awards is presented for purposes of additional analysis as required by Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and is also not a required part of the basic financial statements.The other supplemental information, as listed in the table of contents, and the schedule of expenditures of federal awards, are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the other supplemental information, as listed in the table of contents, and the schedule of expenditures of federal awards are fairly stated in all material respects in relation to the basic financial statements as a whole. The introductory and statistical section have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them.433 AANDERSON ZURMUEHLEN & CO., P.CCERTIFIED PUBLIC ACCOUNTANTS & BUSINESS ADVISORS16Other Reporting Required by Government Auditing StandardsIn accordance with Government Auditing Standards, we have also issued our report dated January 27, 2022, on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standardsin considering the City’s internal control over financial reporting and compliance.Bozeman, MontanaJanuary 27, 2022A. MANAGEMENT’S DISCUSSION AND ANALYSIS 434 17CITY OF BOZEMAN, MONTANAMANAGEMENT’S DISCUSSION AND ANALYSISJUNE 30, 2021Management of the City of Bozeman (the City) offers readers of the basic financial statements this narrative overview and analysis of the financial activities of the City for the fiscal year ended June 30, 2021. Readers are encouraged to consider the information presented here in conjunction with additional information that is furnished in the letter of transmittal. The focus of the information herein is on the primary government.Overview of the Financial StatementsThis discussion and analysis is intended as an introduction to the City’s basic financial statements. The basic financial statements comprise three components: 1) government-wide financial statements, 2) fund financial statements, and 3) notes to the basic financial statements. In addition to the basic financial statements, also provided are required and other supplementary information.Government-Wide Financial StatementsThe Statement of Net Positionpresents information on all of the City’s assets, liabilities, and deferred inflows/outflows of resources, with the difference reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. The Statement of Activitiesreports how the City’s net position changed during the most recent year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused vacation and sick leave).The governmental activities reflect the City’s basic services, including police, fire, public works, parks, and general administration. Property taxes, charges for services, state shared revenues, court fines, and recreation fees finance most of these activities.The business-type activities reflect private sector-type operations, such as water, waste water, storm water, solid waste, and parking, where fees for services typically cover all or most of the cost of operations, including depreciation.The government-wide financial statements include not only the City itself (referred to as the primary government), but also other legally separate entities for which the City is financially accountable. Financial information for most of these component units are reported separately from the financial information presented for the primary government itself. A few component units, although legally separate, function essentially as an agency of the City and, therefore, are included as an integral part of the City.Fund Financial StatementsA fund is a grouping of related accounts used to maintain control over resources that have been segregated for specific activities or objectives. The City uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All of the funds of the City can be divided into categories: governmental funds, proprietary funds, and fiduciary funds that use different accounting approaches.18CITY OF BOZEMAN, MONTANAMANAGEMENT’S DISCUSSION AND ANALYSIS (CONTINUED)JUNE 30, 2021Governmental fundsare used for the City’s basic services and are reported in governmental funds, which focus on how money flows into and out of those funds and the balances left at year-end that are available for spending. These funds are reported using an accounting method called modified accrual accounting,which measures cash and all other financial assets that can readily be converted to cash. The governmental fund statements provide a detailed short-term view of the City’s general government operations and the basic services it provides. Governmental fund information helps you determine whether there are more or fewer financial resources that can be spent in the near future to finance the City’s programs. Because this information does not encompass the long-term focus of the government-wide statements, additional information is provided that reconciles the governmental fund financial statements to the government-wide statements explaining the relationship (or differences) between them.The City maintains individual governmental funds. Information is presented separately in the governmental funds balance sheet and in the governmental funds statement of revenues, expenditures, and changes in fund balances for the General Fund and major funds. Data from the other governmental funds are combined into a single aggregated presentation. Individual fund data for these non-major governmental funds is provided in the form of combining statements elsewhere in this report. The City adopts an annual appropriated budget for the General Fund. A budgetary comparison schedule has been provided to demonstrate compliance with these budgets for the General Fund in accordance with U.S. GAAP.The City maintains two different types of proprietary funds: enterprise funds and internal service funds. Enterprise funds are used to report the same functions presented as business-type activities in the government-wide financial statements. The City uses enterprise funds to account for water, wastewater, stormwater, solid waste and parking services. When the City charges customers for the services it provides, whether to outside customers or to other units of the City, these services are generally reported in proprietary funds. Proprietary funds are reported in the same way that all activities are reported in the Statement of Net Position and the Statement of Activities. In fact, the City’s enterprise funds (a component of the proprietary funds) are the same as the business-type activities we report in the government-wide statements but provide more detail and additional information, such as cash flows, for proprietary funds. We use internal service funds to report activities that provide supplies and services for the City’s other programs and activities, such as the Vehicle Maintenance Fund and Health Insurance Fund. Internal service fund activity is reported as governmental activity in the government-wide statements since this activity, the financing of goods and services for other funds of the government, is more governmental than business-type in nature. The City uses fiduciary fundsto account for assets held on behalf of outside parties, including other governments. When these assets are held under the terms of a formal trust agreement, a private-purpose trust fund is used. The City is the trustee, or fiduciary, for other funds, including the Municipal Court Fund, the Montana Arts Council Fund (Montana Ballet, Bozeman Symphony Orchestra, and Big Sky Association for the Arts), and the CMC Bozeman Asbestos Site Remediation Fund. It is also responsible for other assets that, because of a trust arrangement, can be used only for the trust beneficiaries. The guidelines for the administration of these funds are contained in applicable financial agreements and/or City ordinances. These documents contain the rules governing the receipt, expenditure, and management of the City’s fiduciary funds. As the statements reflect, the financial activity during the year for these funds is nominal. We exclude these activities from the City’s other financial statements because the City cannot use these assets to finance its operations. The City is responsible for ensuring that the assets reported in these funds are used for their intended purposes.435 19CITY OF BOZEMAN, MONTANAMANAGEMENT’S DISCUSSION AND ANALYSIS (CONTINUED)JUNE 30, 2021Government-Wide Financial AnalysisAs noted earlier, net position may serve over time as a useful indicator of a government’s financial position. In the case of the City, assets and deferred outflows exceeded liabilities and deferred inflows by $543.8 million at the close of the most recent fiscal year. Net position increased by $30.5 million this year as compared to a $50.6 million increase last year. The smaller increase this year was mainly due to revenues being lower and expenses being higher than last year. Some of the revenue decline as well as the increase in expenditures can be attributed to the COVID-19 pandemic. This fiscal year total revenues decreased by $9.9 million while total expenses increased by $10.1 million. Net position of the City also includes $62.1 million (11%) of restricted net position. These are resources subject to external restrictions as to how they may be used by the City.Table 1reflects the City’s net position (dollars in thousands) as of June 30, 2021 and 2020:202120202021202020212020Current and Other Assets101,328,809$ 104,868,737$ 49,651,049$ 48,292,893$ 150,979,858$ 153,161,630$ Capital Assets240,462,418 210,438,294 316,314,532 295,485,973 556,776,950 505,924,267 Total Assets 341,791,227$ 315,307,031$ 365,965,581$ 343,778,866$ 707,756,808$ 659,085,897$ Deferred Outlflows of Resources9,149,572$ 5,006,016$ 1,587,035$ 850,865$ 10,736,607$ 5,856,881$ Long-term Debt Outstanding(99,017,332)$ (84,043,754)$ (54,074,964)$ (43,968,514)$ (153,092,296)$ (128,012,268)$ Other Liabilities(16,176,604) (18,509,648) (3,170,054) (1,719,369) (19,346,658) (20,229,017) Total Liabilities(115,193,936)$ (102,553,402)$ (57,245,018)$ (45,687,883)$ (172,438,954)$ (148,241,285)$ Deferred Inflows of Resources(1,740,945)$ (2,693,220)$ (503,558)$ (707,469)$ (2,244,503)$ (3,400,689)$ Net Position:Net investment in capital assets 196,931,242$ 118,577,368$ 271,812,360$ 260,124,896$ 468,743,602$ 378,702,264$ Restricted for parking capital projects - - 130,316 130,316 130,316 130,316 Restricted for infrastructure capital projects - - 516,199 - 516,199 - Restricted for drought reserve - - 362,581 - 362,581 - Restricted for general government 2,389,783 2,379,585 - - 2,389,783 2,379,585 Restricted for Public Safety 14,048,758 9,920,782 - - 14,048,758 9,920,782 Restricted for Public Service 6,134,953 4,038,844 - - 6,134,953 4,038,844 Restricted for Public Welfare 12,457,409 10,049,069 - - 12,457,409 10,049,069 Restricted for capital projects 1,872,757 35,632,587 10,705,061 8,998,147 12,577,818 44,630,734 Restricted for debt service 10,378,317 7,187,509 3,125,439 3,179,102 13,503,756 10,366,611 Unrestricted (10,207,301) 27,280,681 23,152,084 25,801,918 12,944,783 53,082,599 Total Net Position234,005,918$ 215,066,425$ 309,804,040$ 298,234,379$ 543,809,958$ 513,300,804$ ActivitiesActivitiesPrimary GovernmentTable 1- Net Position GovernmentalBusiness-typeTotal20CITY OF BOZEMAN, MONTANAMANAGEMENT’S DISCUSSION AND ANALYSIS (CONTINUED)JUNE 30, 2021Table 2reflects the City’s changes in net position (dollars in thousands) for the years ended June 30, 2021 and 2020.202120202021202020212020RevenuesProgram revenues:Charges for Services32,771,415$ 25,916,816$ 33,157,599$ 29,674,248$ 65,929,014$ 55,591,064$ Restricted Operating Grants & Contributions12,156,812 7,622,415 243,536 104,868 12,400,348 7,727,283 Restricted Capital Grants & Contributions4,518,830 15,429,642 5,427,166 13,312,504 9,945,996 28,742,146 General RevenuesProperty Taxes27,115,391 28,308,301 - - 27,115,391 28,308,301 Unrestricted Operating Grants & Contributions4,956,187 4,859,238 - - 4,956,187 4,859,238 Other General Revenues(1,274,251) 2,749,288 290,413 1,368,505 (983,838) 4,117,793 Total Revenues80,244,384 84,885,700 39,118,714 44,460,125 119,363,098 129,345,825 Program ExpensesGeneral Government 11,517,404 9,950,983 - - 11,517,404 9,950,983 Public Safety22,698,030 20,702,736 - - 22,698,030 20,702,736 Public Service11,018,661 9,846,732 - - 11,018,661 9,846,732 Public Welfare13,429,890 10,414,346 - - 13,429,890 10,414,346 Interest and Fiscal Fees2,105,985 1,763,155 - - 2,105,985 1,763,155 Water- - 10,687,976 9,807,970 10,687,976 9,807,970 Waste Water- - 10,209,279 9,209,689 10,209,279 9,209,689 Non-major activities- - 7,186,719 7,021,575 7,186,719 7,021,575 Total Expenses60,769,970 52,677,952 28,083,974 26,039,234 88,853,944 78,717,186 Excess (deficiency) beforespecial items and transfers19,474,414 32,207,748 11,034,740 18,420,891 30,509,154 50,628,639 Transfers(534,921) (546,353) 534,921 546,353 - - Increase (decrease) in net position18,939,493 31,661,395 11,569,661 18,967,244 30,509,154 50,628,639 Net position - beginning 215,066,425 181,193,387 298,234,379 278,916,040 513,300,804 460,109,427 Restatement - 2,211,643 - 351,095 - 2,562,738 Net position - beginning after restatement215,066,425 183,405,030 298,234,379 279,267,135 513,300,804 462,672,165 Net position - ending234,005,918$ 215,066,425$ 309,804,040$ 298,234,379$ 543,809,958$ 513,300,804$ ActivitiesActivitiesPrimary GovernmentTable 2- Changes in Net Position GovernmentalBusiness-typeTotal436 21CITY OF BOZEMAN, MONTANAMANAGEMENT’S DISCUSSION AND ANALYSIS (CONTINUED)JUNE 30, 2021Key elements of the City’s overall Net Position increase are as follows:!The net position of the City’s governmental activities increased by $18.9 million, or 9%, from $215 million last year to $234 million this year due to revenues exceeding expenses, the details of which are discussed further in the next section. !The net position of the City’s business-type activities increased by $11.6 million, or 4%, from $298.2 million to $309.8 million. The increase was due primarily to a continuing trend of revenues provided by charges for services exceeding total expenses. This net position cannot be used to make up for deficits reported by governmental activities in the event any such deficits were reported. The City generally can only use the net position of business-type activities to finance the continuing operations of the water, wastewater, solid waste, stormwater, and parking operations.Governmental activitiesrevenues for the year decreased by 5%, or $4.6 million, from $84.8 million to $80.2 million, while total expenses increased by 15%, or $8.1 million, from $52.7 million to $60.8 million. Governmental revenues decreased primarily from lower restricted capital grants and contributions. In the current year restricted capital grants and contributions totaled $4.5 million compared to $15.4 million in the prior year. Property Taxrevenues decreased by $1.2 million, or 4%, from $28.3 million to $27.1 million. The number of total property tax mills levied decreased by 18.17 mills from 187.7 to 169.53, or -9.6%. The majority of this reduction in mills was made possible by the creation of a voter approved city-wide Park and Trails District that shifts funding from property taxes to a charge for services. Voters approved the creation of the District without a decrease to the City’s maximum allowable tax levy. The mill value increased by 23.9%, from $125,423 to $155,352. This increase is attributed to new construction and market value appreciation of property within the City. Based on these factors, this year’s tax levy was 35.64 mills, or approximately $4.6 million, below the statutory maximum allowable tax levy. Charges for Services, which include Street Assessments, and Fire and Street Impact Fees, and the new Park and Trails District, realized a net increase of $6.9 million, or 26%, from $25.9 million to $32.8 million. Of this increase, $3.6 million was due to the newly created district. Street Maintenance District assessment revenue increased by 9% by almost $700,000 from $7.8 to $8.5 million due to rate increases approved by the City Commission. Restricted Capital Grants and Contributions(developer-provided infrastructure reported under Program Revenues) decreased by $10.9 million, from $15.4 million to $4.5 million. Infrastructure contributions will vary year to year depending on the amount of development as well as what stage in the process the development is in. 41%15%6%34%6%-2%Revenues by Source - Governmental ActivitiesCharges for ServicesRestricted Operating Grants &ContributionsRestricted Capital Grants &ContributionsProperty TaxesUnrestricted Operating Grants &ContributionsOther General Revenues22CITY OF BOZEMAN, MONTANAMANAGEMENT’S DISCUSSION AND ANALYSIS (CONTINUED)JUNE 30, 2021Program Expensesincreased by 15%, or $8.1 million, from $52.7 million to $60.8 million with Public Safety, and Public Welfare being the primary drivers of the increase, with just under $2 million for Public Safety and just over $3 million for Public Welfare. Public Safety saw general increases in operating and personnel costs among both the Police, Fire, and Building Inspection departments. Public Welfare expenses increased largely due to the increased services approved with the Park and Trails District creation, which added more than a dozen new parks to the City’s maintenance responsibilities. Prior to the District’s creation, these parks were maintained by private homeowner’s associations. The City’s six largest programs—Police, Fire, Public Service, Library, Parks and Recreation—as well as each program’s net cost(total cost less revenues generated by the activities). The net cost shows the financial burden that was placed on the City’s taxpayers by each of these functions. Business-type activities total revenues (see Table 2) decreased by $5.3 million, $39.1 million this year compared to $44.5 million last year, while expenses increased by just over $2 million, $28.1 million this year compared to $26 million last year. Revenuesdeclined due to a $7.9 million decrease in Restricted Capital Grants & Contributions, which consisted primarily of privately constructed water, wastewater, and stormwater infrastructure that was contributed to the City by developers. Infrastructure contributions will vary year to year depending on the amount of development as well as what stage in the process the development is in. In the current year the number of developments where contributions related to sewer and water mains occurred decreased from the prior year. Water fund-The City’s water system operating revenue (charges for services) have steadily increased over the past decade as a result of both an increase in the customer base and due to regular rate increases. FY20 was the first year of adopted rates based on a rate study which adjusted rates based on user class ranging from 0% to 20% increases, and for residential created a tier structure to encourage water conservation. Water revenue increased by $1.2 million, or 12%, due to increases in governmental and commercial rates as well as a dry summer. $4,770,396 $12,098,903 $25,162,373 $7,415,385 $11,517,404 $22,698,030$11,018,661$13,429,890 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000General government Public safety Public service Public welfareExpenses and Program Revenues - Governmental ActivitesProgram Revenues Expenses437 23CITY OF BOZEMAN, MONTANAMANAGEMENT’S DISCUSSION AND ANALYSIS (CONTINUED)JUNE 30, 2021Wastewater-Revenues in the Wastewater Fund have generally been increasing over the past 10 years. FY20 was the first year of adopted rates based on a rate study which adjusted rates based on user class ranging from 0% to 8%. In the current year wastewater service charge rates were unchanged with slight increases in hundred cubic feet charge for water usage for all classes accept residential. As a result revenues slightly increased by $485,058 or 5% compared to the prior year. Solid Waste-Operating revenues in the Solid Waste fund increased by $338,344 or 7%, due mainly to an increase in garbage rates for all sizes over 35/45 gallon. Operating Expensesincreased this year by $2.1 or 8% compared to the prior year, for all the Business-Type Activities combined. Water and wastewater saw increases of 9% and 11%, respectively, while solid waste, parking, and stormwater combined increased by just 2%. The increase was primarily due to salaries and benefits, depreciation, as well as other expenses which include contracted services, and travel and training expenses. The increase in salaries and benefits was due to staff additions, negotiated wage increases, and required increases for health insurance costs. Net capital assets increased by approximately $21 million which also resulted in an increase in depreciation expense. Lastly, the increase in contracted services was mainly due to temporary staffing needs as well as engineering and other services provided for capital related projects.$16,774,209 $13,950,982 $5,041,395 $1,021,431 $2,040,284 $10,687,976 $10,209,279 $4,991,829 $1,194,091$1,000,799 - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000 16,000,000 18,000,000Water Waste water Solid waste Parking StormwaterExpenses and Program Revenues- Business-Type Activties3URJUDP3URJUDP5HYHQXHV([SHQVHV85%0%14%1%Revenues by Source - Business-Type ActivitiesCharges for ServicesRestricted OperatingGrants & ContributionsRestricted CapitalGrants & ContributionsOther General Revenues24CITY OF BOZEMAN, MONTANAMANAGEMENT’S DISCUSSION AND ANALYSIS (CONTINUED)JUNE 30, 2021Financial Analysis of the Government’s FundsAs noted earlier, the City uses fund accounting to ensure and demonstrate compliance with financial related legal requirements.Governmental FundsThe focus of the City’s governmental funds is to provide information on current year revenues, expenditures, and balances of spendable resources. Such information is useful in assessing the City’s near-term financing requirements. In particular, unassigned fund balance may serve as a useful measure of a government’s net resources available for spending at the end of the fiscal year. As of December 31, 2021, the City’s governmental funds reported a combined ending fund balances of $77.3 million, a decrease of $3.7 million in comparison to the prior year. The decrease is primarily due to the increase in capital spending, including the new public safety center building. General fund The General Fund is the main operating fund of the City. The City’s total general fund balance increased by $42,356, or .5%, from $9,140,863 last year to $9,183,265 this year. At the end of the current fiscal year the assigned fund balance was $9,183,265. The unassigned and assigned fund balances for the General Fund at the end of the previous fiscal year were $1,030,550 and $8,110,313, respectively. The increase in assigned fund balance was mainly due to an increase in the number of capital projects budgeted for in fiscal year 2021 but will not be completed until fiscal year 2022. In the current year the City had carry-over capital projects totaling $1,481,514 compared to $675,692 in the prior year.The following factors represent the reasons behind significant changes in the General Fund and significant budgetary variances.Property tax revenues decreased in the General Fund by $1.9 million or 11%, from $17,701,622 to $15,775,452. The number of property tax mills levied decreased by 22.47 mills, or 18%, from 124.79 to 102.32 and the value of one mill of increased by $29,929, or 23.9%, from $125,423 to $155,352. When combined, these changes resulted in the planned decrease in total property tax revenues. The other major change in revenues was in intergovernmental revenues. Intergovernmental revenues increased by $2.1 million, or 22%, from $9,718,389 last year to $11,864,827 this year. A majority of this increase was due to the CARES Act funding from the State for COVID relief. Total general fund expenditures increased by $2,123,339, or 6%, from $33,202,383 to $35,325,722. The largest general fund expenditures continued to be in Public safety, with $10.1 million spent on Police and $7 million spent on Fire. The main factor contributing to increased expenditures in the General Fund were other expenses, which increased $2.8 million, or 514% from $543,334 to $3,336,278. These expenditures include federal, and state passed through grants to other organizations as well as city grants provided to other organizations. However, while the expenses increase over last year, expenditures were still under budget. American Rescue Plan Act (ARPA) Special Revenue Fund This special revenue fund accounts for the ARPA federal grant program. The City received the first installment of the ARPA funding in the current year and per the grantor expenditure guidelines a portion of the funding was used for revenue lost in various departments. Grant guidelines and funding amounts were unknown at the time of preparing the fiscal year 2021 budget.438 25CITY OF BOZEMAN, MONTANAMANAGEMENT’S DISCUSSION AND ANALYSIS (CONTINUED)JUNE 30, 2021SID Debt Service Accounts for the accumulation of resources and payment of special assessment bond principal and interest related to general improvement, sidewalk, and curb construction projects. Revenues, which are mainly special assessments, increased by $231,604 or 28% from $814,618 to $1,046,222 with the increase in creation of special districts for project funding. Expenditures increased by $304,023 or 520%, from $58,434 to $362,457 mainly due to the annual principal and interest payments related to the issuance of debt for SID 747. Capital Projects Fund Fund balance decreased by $12.4 million, from $36,466,616 last year to $24,078,408. The decrease was due to the increase in capital outlay expenditures of $18,268,885 primarily for the construction of the Bozeman Public Safety Center. The increase in expenditures was offset by the issuance of $10,501,000 in new debt to fund the capital projects for Manley Road and the Midtown district.Proprietary FundsThe City’s proprietary funds provide the same type of information found in the government-wide financial statements, but in more detail. Total net position of the Water Fund was $165.1 million, and Wastewater was $129.7 million. Net position for all enterprise funds was $309.8 million. Other significant factors concerning the finances of the enterprise funds can be found in the discussion of the City’s business-type activities.Capital Assets and Bonded Debt AdministrationCapital AssetsAt the end of 2021 the City had $556.7 million invested in a broad range of capital assets, including police and fire equipment, buildings, park facilities, roads, and water and sewer lines. This amount represents a net increase (including additions and deductions) of roughly $51 million, or 10% over last year. Refer to capital assets disclosure Note 7 for more information. Major additions and capital projects underway include the following expenditures made during this year in Table 3:202120202021202020212020Land33.6$ 31.6$ 2.2$ 2.2$ 35.8$ 33.8$ Water Rights- - 2.1 2.1 2.1 2.1 CIP30.3 3.3 19.2 - 49.5 3.3 Buildings35.5 35.4 113.9 113.6 149.4 149.0 Other Structures and Improvements1.1 1.1 30.5 30.5 31.6 31.6 Machinery & Equipment 17.9 16.6 12.2 10.8 30.1 27.4 Property under Capital Lease 0.8 0.8 0.5 0.5 1.3 1.3 Vehicle 4.8 4.4 2.2 2.1 7.0 6.5 Infrastructure243.5 237.3 350.7 343.3 594.2 580.6 Subtotal367.5 330.5 533.5 505.1 901.0 835.6 Accumulated Depreciation(127.1) (120.1) (217.2) (209.8) (344.3) (329.9) Total Capital Assets240.4$ 210.4$ 316.3$ 295.3$ 556.7$ 505.7$ ActivitiesActivitiesTotalsTable 3- Captial Assets at Year-End (in millions)GovernmentalBusiness-type26 CITY OF BOZEMAN, MONTANA MANAGEMENT’S DISCUSSION AND ANALYSIS (CONTINUED) JUNE 30, 2021 Debt At year-end, the City had $105 million in bonds and notes outstanding versus $86 million last year – an increase of $7.1 million, or 8%. Of this amount $43.2 million comprises debt backed by the full faith and credit of the City that decreased $2.2 million. The remainder of the City’s debt, $6.1 million, represents bonds secured by specified revenue sources (i.e Water, and Urban Renewal Tax Increment Property taxes) as shown in Table 4. The issuance of the Tax Increment Urban Renewal Revenue Bonds (Midtown) for $6.5 million and the Special Improvement District 747 Bonds for just over $4 million accounts for the increase in outstanding debt. 202120202021202020212020General obligationbonds (backed by the City) 43.2$ 45.4$ -$ -$ 43.2$ 45.4$ Tax Increment FinancingDistrict (TIFD) bonds 10.8 4.7 - - 10.8 4.7 Special ImprovementDistrict Debt 3.9 0.1 - - 3.9 0.1 Notes Payable 2.2 2.5 - - 2.2 2.5 Lease Payable 0.3 0.4 - - 0.3 0.4 Water Revenue Bonds(backed by specific fee revenues) - - 18.5 18.5 18.5 18.5 Wastewater Revenue Bonds(backed by specific fee revenues) - - 24.6 12.8 24.6 12.8 Stormwater Revenue Bonds(backed by specific fee revenues) - - 1.4 1.4 1.4 1.4 Stormwater Lease Payable(backed by specific fee revenues) - - 0.1 0.1 0.1 0.1 Totals60.4$ 53.2$ 44.6$ 32.8$ 105.0$ 86.0$ Table 4- Outstanding Debt, at Year-end (in millions)Governmental Business-typeActivities Activities Totals Additional information on the City’s bonded debt for the year can be found in Note 9 in the notes to the basic financial statements. Requests for Information This financial report is designed to provide our citizens, taxpayers, customers, and investors and creditors with a general overview of the City’s finances and to show the City’s accountability for the money it receives. Questions concerning the information provided in this report or requests for additional financial information should be addressed to: Finance Department 121 North Rouse Avenue, Bozeman, Montana 59715. This report is available online at https://www.bozeman.net/government/finance 439 B. BASIC FINANCIAL STATEMENTSGOVERNMENT-WIDE FINANCIAL STATEMENTS440 27CITY OF BOZEMAN, MONTANASTATEMENT OF NET POSITIONJune 30, 2021The Notes to Financial Statements are an integral part of this statement.Governmental Business-type Activities Activities TotalASSETSCash and investments 73,216,674$ 26,718,327$ 99,935,001$ Restricted cash and investments 15,287,464 20,756,548 36,044,012 Accrued interest 48,667 25,873 74,540 Receivables, net11,613,455 2,150,301 13,763,756 Notes receivable455,624 - 455,624 Prepaid expenses706,925 - 706,925 101,328,809 49,651,049 150,979,858 Capital assets:Non-depreciable land, water rights and CIP63,987,140 23,538,746 87,525,886 Other capital assets, net of depreciation176,475,278 292,775,786 469,251,064 Total capital assets240,462,418 316,314,532 556,776,950 Total assets341,791,227 365,965,581 707,756,808 Deferred outflows of resources:Other post-employment benefits1,019,771 229,935 1,249,706 Pension plan contributions8,129,801 1,357,100 9,486,901 Total deferred outflows of resources9,149,572 1,587,035 10,736,607 Total assets and deferred outflows of resources350,940,799$ 367,552,616$ 718,493,415$ (Continued)28CITY OF BOZEMAN, MONTANASTATEMENT OF NET POSITION (CONTINUED)June 30, 2021The Notes to Financial Statements are an integral part of this statement.Governmental Business-type Activities Activities TotalLIABILITIESAccounts payable and accrued expenses10,467,914$ 3,170,054$ 13,637,968$ Unearned revenue5,708,690- 5,708,690 Current portion of long-term liabilities:Compensated absences payable1,854,991 434,995 2,289,986 Capital leases104,813 5,477 110,290 Closure and post-closure care costs- 310,773 310,773 Bonds and notes2,940,353 3,313,000 6,253,353 Long-term liabilities, due in more than one year:Compensated absences1,334,891 119,066 1,453,957 Capital leases205,457 5,108 210,565 Closure and post-closure care costs- 1,175,032 1,175,032 Pollution remediation obligations- 890,144 890,144 Other post-employment health benefits - implicit rate subsidy3,594,727 740,461 4,335,188 Bonds and notes61,456,686 41,178,587 102,635,273 Net pension liability27,525,414 5,902,321 33,427,735 Total liabilities115,193,936 57,245,018 172,438,954 DEFERRED INFLOWS OF RESOURCESOther post-employment health benefits - implicit rate subsidy606,510 119,901 726,411 Pension deferrals1,134,435 383,657 1,518,092 Total deferred inflows of resources1,740,945 503,558 2,244,503 NET POSITIONNet investment in capital assets196,931,242 271,812,360 468,743,602 Restricted:Restricted for parking capital projects- 130,316 130,316 Restricted for infrastructure capital projects- 516,199 516,199 Restricted for drought reserve- 362,581 362,581 Restricted for general government2,389,783- 2,389,783 Restricted for public safety14,048,758- 14,048,758 Restricted for public service6,134,953- 6,134,953 Restricted for public welfareExpendable10,827,930- 10,827,930 Nonexpendable1,629,479- 1,629,479 Restricted for capital projects1,872,75710,705,061 12,577,818 Restricted for debt service10,378,317 3,125,439 13,503,756 Unrestricted(10,207,301) 23,152,084 12,944,783 Total net position234,005,918$ 309,804,040$ 543,809,958$ 441 29CITY OF BOZEMAN, MONTANASTATEMENT OF ACTIVITIESYear Ended June 30, 2021The Notes to Financial Statements are an integral part of this statement.Net (Expense) Revenue and Changes in Net PositionOperating CapitalCharges for Grants and Grants and Governmental Business-typeFunctions/Programs Expenses Services Contributions Contributions Activities Activities TotalPrimary GovernmentGovernmental activities:General government11,517,404$ 4,380,033$ 390,363$ -$ (6,747,008)$ (6,747,008)$ Public safety22,698,030 4,260,366 7,838,537 - (10,599,127) (10,599,127) Public service11,018,661 18,836,107 1,807,436 4,518,830 14,143,712 14,143,712 Public welfare13,429,890 5,294,909 2,120,476 - (6,014,505) (6,014,505) Interest and fiscal fees2,105,985 - - - (2,105,985) (2,105,985) Total governmental activities60,769,970 32,771,415 12,156,812 4,518,830 (11,322,913) (11,322,913) Business-type activities:Water10,687,976 13,970,784 102,245 2,701,180 6,086,233$ 6,086,233 Waste water10,209,279 11,691,165 31,453 2,228,364 3,741,703 3,741,703 Solid waste4,991,829 4,969,868 71,527 - 49,566 49,566 Parking1,194,091 1,005,788 15,643 - (172,660) (172,660) Stormwater1,000,799 1,519,994 22,668 497,622 1,039,485 1,039,485 Total business-type activities28,083,974 33,157,599 243,536 5,427,166 10,744,327 10,744,327 Total primary government88,853,944$ 65,929,014$ 12,400,348$ 9,945,996$ (11,322,913) 10,744,327 (578,586) General revenuesProperty taxes27,115,391 - 27,115,391 Unrestricted grants and contributions4,956,187 - 4,956,187 Investment earnings428,653 38,987 467,640 Miscellaneous(1,722,976) 233,508 (1,489,468) Gain on sale of assets20,072 17,918 37,990 Transfers(534,921) 534,921 - Total general revenues and transfers30,262,406 825,334 31,087,740 Change in net position18,939,493 11,569,661 30,509,154 Net position, beginning of the year215,066,425 298,234,379 513,300,804 Net position, end of the year234,005,918$ 309,804,040$ 543,809,958$ Primary GovernmentProgram RevenuesFUND FINANCIAL STATEMENTS442 GOVERNMENTAL FUND FINANCIAL STATEMENTSMAJOR GOVERNMENTAL FUNDSGeneral Fund – This fund accounts for the financial operations of the City, which are not accounted for in any other Fund. Principal sources of revenue are property taxes, state and local shared revenues, licenses and permits, and charges for services provided to other Funds. Principal expenditures in the general fund are made for police and fire protection, public works, and general government.American Rescue Plan Act (ARPA) Special Revenue Fund - This fund accounts for the ARPA federal grant program. Grant funds must be used for the stated purpose of the grant and must meet grantor expenditure guidelines.Special Improvement District (SID) Sinking – Accounts for the accumulation of resources and payment of special assessment bond principal and interest related to general improvement, sidewalk, and curb construction projects.General Improvements Capital Projects Fund – Accounts for the construction of general improvement projects financed by special assessments other than those financed by proprietary funds.443 30CITY OF BOZEMAN, MONTANABALANCE SHEETGOVERNMENTAL FUNDSJune 30, 2021The Notes to Financial Statements are an integral part of this statement.AmericanOtherTotalGeneral Rescue Plan SID Construction Governmental GovernmentalFundAct Debt Service Capital Projects FundsFundsASSETSCash and investments8,572,097$ 5,652,347$ 2,831,693$ 25,974,099$ 28,178,799$ 71,209,035$ Receivables:Property taxes1,862,005 - - - 1,556,621 3,418,626 Accrued interest7,372 - - 33,714 7,581 48,667 Customers, net2,176,579 - - - 389,948 2,566,527 Special assessments9,215- 4,899,665 - 294,242 5,203,122 Other governments35,654 - - - 369,618 405,272 Due from other city funds990,414 - - - - 990,414 Advances to other city funds- - - - 1,045,398 1,045,398 Prepaid expenditures17,751- - - 255,000 272,751 Notes receivable- - - - 455,624 455,624 Restricted cash and investments- - - 1,406,383 13,881,083 15,287,466 Total assets13,671,087$ 5,652,347$ 7,731,358$ 27,414,196$ 46,433,914$ 100,902,902$ (continued)31CITY OF BOZEMAN, MONTANABALANCE SHEET (CONTINUED)GOVERNMENTAL FUNDS June 30, 2021The Notes to Financial Statements are an integral part of this statement.American OtherTotalGeneral Rescue Plan SID Construction Governmental GovernmentalFundAct Debt Service Capital Projects FundsFundsLIABILITIES AND FUND BALANCESLiabilitiesAccounts payable3,047,977$ -$ 824$ 2,195,975$ 3,654,554$ 8,899,330$ Escheat property payable91,358- - - 25,716 117,074 Accrued employee benefits 2,891 - - - 887 3,778 Appearance bonds and other liabilities- - - 1,139,813 - 1,139,813 Advances from other city funds- - 1,045,398 - - 1,045,398 Due to other city funds- - - - 357,630 357,630 Deferred revenue- 5,652,347 - - - 5,652,347 Total liabilities3,142,226 5,652,347 1,046,222 3,335,788 4,038,787 17,215,370 Deferred inflows of resourcesUnavailable revenue-property taxes126,560 - - - 104,590 231,150 Unavailable revenue-special assessments- - 4,880,992 - 88,816 4,969,808 Unavailable revenue-court fines1,219,036 - - - - 1,219,036 Total deferred inflows of resources1,345,596 - 4,880,992 - 193,406 6,419,994 Fund balancesNonspendable- - - - 1,884,479 1,884,479 Restricted- - 1,804,144 23,048,892 36,965,868 61,818,904 Committed- - - 366,743 3,254,901 3,621,644 Assigned9,183,265 - - - 96,473 9,279,738 Unassigned- - - 662,773 - 662,773 Total fund balances9,183,265 - 1,804,144 24,078,408 42,201,721 77,267,538 Total liabilities, deferred inflows, and fund balances13,671,087$ 5,652,347$ 7,731,358$ 27,414,196$ 46,433,914$ 100,902,902$ 444 32CITY OF BOZEMAN, MONTANARECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDSTO THE STATEMENT OF NET POSITIONJune 30, 2021The Notes to Financial Statements are an integral part of this statement.Amounts reported for governmental activities in the statement of net position are different because:Fund balances - total governmental funds77,267,538$ Capital assets used in governmental activities are not financial resources and, therefore, are not reported in thegovernmental fundsGovernmental capital assets367,571,175$ Less: accumulated depreciation(127,108,757) 240,462,418 Internal service funds are used by management to charge the costs of certain activities to individual funds. The assets andliabilities of the internal service funds are included in governmental activities in the statement of net position.Net position411,596 Less: capital assets included in governmental activities(2,317,522) Plus: accumulated depreciation included in governmental activities1,051,833 Plus: compensated absences included in governmental activities197,377 Plus: capital lease obligations included in governmental activities15,006 Plus: other post-employment health benefits and related deferred outflows and inflows included in governmental activities210,547 Plus: net pension liability and related deferred outflows and inflows included in governmental activities1,952,179 1,521,016 Deferred inflows of resources are not available to pay for current period expenditures and, therefore, are deferred in the funds.6,419,994 Deferred outflows of resources relating to pensions and other liabilities are not payable in the current period and, therefore,are not reported in the governmental funds.9,149,572 Pension plan deferrals are deferred inflows of resources on the statement of net position.(1,134,435) (606,510) Bond premiums are other financing source revenue in the governmental funds. They are a liability for the statement of netposition and amortized over the life of the issuance.Bond premium(4,690,194) Less: amortization491,720 (4,198,474) Impact fee credits do not affect current financial resources and therefore are not reported in the governmental funds.(56,343) Long-term liabilities are not due and payable in the current period and therefore are not reportedin the governmental funds.Bonds and notes payable, net of bond premium(60,198,565) Net pension liability(27,525,414) Capital lease obligations(310,270) Other post-employment health benefits(3,594,727) Compensated absences(3,189,882) (94,818,858) Net position of governmental activities234,005,918$ The assumption change gain in the total other post-employment benefits liability (TOL) is a deferred inflow of resources and is amortized over the expected future service life; therefore, the balance is deferred and not reported in governmental funds.33CITY OF BOZEMAN, MONTANASTATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCESGOVERNMENTAL FUNDSYear Ended June 30, 2021The Notes to Financial Statements are an integral part of this statement.American OtherTotalRescue Plan SID Construction Governmental GovernmentalGeneralAct Debt Service Capital Projects FundsFundsREVENUESTaxes15,775,452$ -$ -$ -$ 11,197,654$ 26,973,106$ Special assessments103 - 975,387 - 701,419 1,676,909 Licenses and permits367,895 - - - 2,534,721 2,902,616 Intergovernmental11,864,827 712,051 - - 2,720,274 15,297,152 Charges for services3,650,043 - - - 21,197,790 24,847,833 Fines and forfeitures1,084,870 - - - 84,010 1,168,880 Interest on investments5,747 - 14,690 27,053 108,157 155,647 Interest on loans receivable- - - - 38,276 38,276 Other431,551 - - 562,066 773,003 1,766,620 Total revenues33,180,488 712,051 990,077 589,119 39,355,304 74,827,039 EXPENDITURESGeneral government8,178,413 - - - 2,270,613 10,449,026 Public safety17,062,287 - - 600 2,715,488 19,778,375 Public service- - - 142,616 5,725,767 5,868,383 Public welfare4,815,295 - - 384,907 6,489,940 11,690,142 Other3,336,278 - 35,059 - 129,423 3,500,760 Capital outlay1,885,031 - - 24,705,733 6,017,972 32,608,736 Debt servicePrincipal payments42,271 - 192,284 - 2,954,048 3,188,603 Interest and fiscal fees6,147 - 135,114 - 1,964,724 2,105,985 Total expenditures35,325,722 - 362,457 25,233,856 28,267,975 89,190,010 Revenues over (under) expenditures(2,145,234) 712,051 627,620 (24,644,737) 11,087,329 (14,362,971) OTHER FINANCING SOURCES (USES)Transfers in2,728,647 - - 1,106,520 2,141,233 5,976,400 Transfers out(557,009) (712,051) - - (5,242,261) (6,511,321) Issuance of long term debt- - - 11,150,009 - 11,150,009 Sale of capital assets15,952 - - - 7,792 23,744 Total other financing sources (uses)2,187,590 (712,051) - 12,256,529 (3,093,236) 10,638,832 Net change in fund balances42,356 - 627,620 (12,388,208) 7,994,093 (3,724,139) FUND BALANCE, beginning of year9,140,909- 1,176,524 36,466,616 34,207,628 80,991,677 FUND BALANCE, end of year9,183,265$ -$ 1,804,144$ 24,078,408$ 42,201,721$ 77,267,538$ 445 34CITY OF BOZEMAN, MONTANARECONCILIATION OF STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCESOF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIESYear Ended June 30, 2021The Notes to Financial Statements are an integral part of this statement.Amounts reported for governmental activities in the statement of activities are different because:Net change in fund balances - total governmental funds(3,724,139)$ Governmental funds report capital outlays as expenditures. However, in the statement of activities, the costof these assets is allocated over their estimated useful lives and reported as depreciation expense. This isthe amount by which capital outlays and donated infrastructure exceeded depreciation expense in the current period.Expenditures for capital assets32,608,736$ Donated infrastructure4,518,830 Less: current year depreciation(7,121,144) 30,006,422 Governmental funds report asset disposals as sale of capital assets for the cash received. In the statement ofactivities, those gains and losses must be adjusted by the assets basis, net of any depreciation.(8,575) The issuance of long-term debt (e.g. bonds, leases) provides current financial resources to governmental funds,while the repayment of the principal of long-term debt consumes the current financial resources ofgovernmental funds. Neither transaction, however, has any effect on net position. Also, governmental fundsreport the effect of premiums, discounts, and similar items when debt is first issued, whereas these amountsare deferred and amortized in the statement of activities, unless immaterial. This amount is the net effect of thesedifferences in the treatment of long-term debt and related items.(7,732,345) Some revenues reported in the statement of activities do not require the use of current financial resources and,therefore, are not reported as revenues in governmental funds. The change in deferred inflows of resources is presentedin the statement of activities.2,445,259 Governmental funds do not report a liability for compensated absences. The change in the liability is presented in the statement of activities.(84,190) Governmental funds do not report a liability for other post-employment health benefits. The change in the liability ispresented in the statement of activities.(248,035) Contributions to the pension plans in the current fiscal year are deferred outflows in the statement of net position.The change in the deferred outflows for pension plan contributions presented in the statement of activities.(1,652,466) Internal service funds are used by management to charge the costs of certain activities to individual funds. The net revenue (expense) of the internal service funds is reported in the governmental activities.(62,438) Change in net position of governmental activities18,939,493$ PROPRIETARY FUND FINANCIAL STATEMENTS446 MAJOR PROPRIETARY FUNDSThese funds are used to account for the financing, acquisition, operation and maintenance of water, sewer, and solid waste facilities, which are supported by user charges.Major Enterprise Funds –Water Fund – Accounts for the City’s water utility operations and to collect and administer water impact fees.Waste Water Fund – Accounts for the City’s sewer utility operations and to collect and administer waste water impact fees.Internal Service Funds – used to account for the goods and services provided by one department to other departments of the City on a cost-reimbursement basis.35CITY OF BOZEMAN, MONTANASTATEMENT OF NET POSITION PROPRIETARY FUNDSJune 30, 2021The Notes to Financial Statements are an integral part of this statement.GovernmentalActivitiesWaste Nonmajor InternalWater Fund Water Fund Enterprise Funds Total Service FundsASSETSCurrent assetsCash and investments20,024,517$ 3,733,057$ 2,960,753$ 26,718,327$ 2,007,636$ Receivables:Accrued interest 21,438 1,468 2,967 25,873 - Customers, net 687,657 759,177 679,697 2,126,531 19,908 Special assessments 114 66 1,100 1,280 - Other governments - - 22,490 22,490 - Prepaid expenses - - - - 434,175 Total current assets20,733,726 4,493,768 3,667,007 28,894,501 2,461,719 Non-current assetsOther assets:Restricted cash and investments14,516,546 5,525,524714,478 20,756,548 - Total other assets14,516,546 5,525,524 714,478 20,756,548 - Property, plant and equipmentNondepreciable:Land573,847 1,112,597 532,109 2,218,553 - Water rights2,120,142 - - 2,120,142 - Construction in progress215,402 18,961,219 23,430 19,200,051 - Depreciable:Buildings40,717,384 60,456,748 12,698,895 113,873,027 1,546,120 Other structures and improvements13,646,910 14,745,401 2,155,300 30,547,611 - Machinery and equipment1,665,554 3,180,241 7,330,237 12,176,032 574,046 Vehicles631,628 701,337869,226 2,202,191 197,356 Infrastructure207,301,330 137,466,501 5,901,535 350,669,366 - Property under capital lease- - 519,943 519,943 - Accumulated depreciation and amortization(116,106,657) (87,582,239) (13,523,488) (217,212,384) (1,051,833) Net property, plant and equipment150,765,540 149,041,805 16,507,187 316,314,532 1,265,689 Total non-current assets165,282,086 154,567,329 17,221,665 337,071,080 1,265,689 Deferred outflows of resourcesOther post-employment benefits73,81765,50690,612 229,935 83,075 Pension plan contributions453,627416,165487,308 1,357,100 550,652 Total deferred outflows of resources527,444481,671577,920 1,587,035633,727Total assets and deferred outflows of resources186,543,256$ 159,542,768$ 21,466,592$ 367,552,616$ 4,361,135$ Enterprise FundsBusiness-type Activities447 36CITY OF BOZEMAN, MONTANASTATEMENT OF NET POSITION (CONTINUED)PROPRIETARY FUNDSJune 30, 2021The Notes to Financial Statements are an integral part of this statement.GovernmentalActivitiesWaste Nonmajor InternalWater Fund Water Fund Enterprise Funds Total Service FundsLIABILITIESCurrent liabilitiesAccounts payable and accrued expenses376,901$ 1,978,133$ 815,020$ 3,170,054$ 307,919$ Compensated absences payable117,543 160,604 156,848 434,995 197,377 Due to other city funds- - - - 632,784 Capital lease obligations due in one year5,477 - - 5,477 7,765 Closure and post-closure care costs, current portion- - 310,773 310,773 - Bonds, notes, and loans payable1,280,000 1,951,000 82,000 3,313,000 - Total current liabilities1,779,921 4,089,737 1,364,641 7,234,299 1,145,845 Noncurrent liabilitiesClosure and post-closure care costs- - 1,175,032 1,175,032 - Revenue bonds due after one year17,267,000 22,631,587 1,280,000 41,178,587 - Compensated absences payable73,068- 45,998 119,066 - Capital lease obligations5,108- - 5,108 7,241 Other post-employment health benefits implicit rate subsidy219,120241,692 279,649 740,461 256,333 Solvent site remediation liability- 890,144 - 890,144 - Net pension liability1,972,921 1,809,991 2,119,409 5,902,321 2,357,498 Total noncurrent liabilities19,537,217 25,573,414 4,900,088 50,010,719 2,621,072 Total liabilities21,317,138 29,663,151 6,264,729 57,245,018 3,766,917 Deferred inflows of resourcesOther post-employment benefits33,29940,540 46,062 119,901 37,289 Pension deferrals128,242117,651 137,764 383,657 145,333 Total deferred inflows of resources161,541158,191 183,826 503,558 182,622 NET POSITIONNet investment in capital assets132,207,955 124,459,218 15,145,187 271,812,360 1,250,683 Restricted for impact capital projects7,472,892 3,232,169 - 10,705,061 - Restricted for infrastructure capital projects516,199 - - 516,199 - Restricted for parking capital projects- - 130,316 130,316 - Restricted for debt service898,929 2,168,222 58,288 3,125,439 - Restricted for drought reserve362,581 - - 362,581 - Unrestricted23,606,021 (138,183) (315,754) 23,152,084 (839,087) Total net position165,064,577 129,721,426 15,018,037 309,804,040 411,596 Total liabilities, deferred inflows of resources, and net position 186,543,256$ 159,542,768$ 21,466,592$ 367,552,616$ 4,361,135$ Enterprise FundsBusiness-type Activities37CITY OF BOZEMAN, MONTANASTATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITIONPROPRIETARY FUNDSYear Ended June 30, 2021The Notes to Financial Statements are an integral part of this statement.GovernmentalActivitiesWaste NonmajorInternalWater Fund Water Fund Enterprise Funds Totals Service FundsOPERATING REVENUES 11,027,542$ 9,926,730$ 7,495,650$ 28,449,922$ 10,777,018$ OPERATING EXPENSESSalaries and benefits2,427,120 2,188,578 2,501,694 7,117,392 2,960,510 Materials and supplies894,195 367,759 425,325 1,687,279 1,042,932 Repairs and maintenance148,291 208,679 346,393 703,363 19,041 Utilities285,137 644,827 752,254 1,682,218 34,241 Administrative charges1,931,737 1,617,175 1,086,433 4,635,345 494,413 Insurance claims- - - - 5,370,303 Other expenses1,191,978 1,302,606 1,019,166 3,513,750 863,552 Depreciation and amortization3,189,401 3,298,441 1,016,358 7,504,200 119,822 Changes in estimated closure and post-closure care costs- - (71,349) (71,349) - Total operating expenses10,067,859 9,628,065 7,076,274 26,772,198 10,904,814 Operating income (loss)959,683 298,665 419,376 1,677,724 (127,796) NON-OPERATING REVENUES (EXPENSES)Interest income21,048 5,149 12,790 38,987 9,046 Interest expense(552,156) (581,214) (37,437) (1,170,807) (3,418) Other income66,188 123,804 43,516 233,508 11,332 Intergovernmental income34,284 31,453 36,830 102,567 43,494 Impact fees2,943,242 1,764,435 - 4,707,677 - Gain on disposal of assets6,704 8,214 3,000 17,918 4,904 Total non-operating revenues2,519,310 1,351,841 58,699 3,929,850 65,358 Income (loss) before contributions and transfers3,478,993 1,650,506 478,075 5,607,574 (62,438) Contributions of infrastructure - developers2,701,180 2,228,364 497,622 5,427,166 - Transfers in600,000 - 534,921 1,134,921 - Transfers out(600,000) - - (600,000) - Change in net position6,180,173 3,878,870 1,510,618 11,569,661 (62,438) NET POSITION, beginning of year158,884,404 125,842,556 13,507,419 298,234,379 474,034 NET POSITION, end of year165,064,577$ 129,721,426$ 15,018,037$ 309,804,040$ 411,596$ Enterprise FundsBusiness-type Activities448 38CITY OF BOZEMAN, MONTANASTATEMENT OF CASH FLOWSPROPRIETARY FUNDSYear Ended June 30, 2021The Notes to Financial Statements are an integral part of this statement.GovernmentalActivitiesWaste Nonmajor InternalWater Fund Water Fund FundsTotal Service FundsCASH FLOWS FROM OPERATING ACTIVITIESReceipts from customers10,876,731$ 9,725,787$ 7,458,288$ 28,060,806$ 10,781,616$ Receipts from others73,580 123,804 24,026 221,410 54,826 Operating loans from other City funds- - - - 252,741 Payments to suppliers(2,514,229) (1,523,053) (2,521,218) (6,558,500) (1,669,335) Payments to employees(2,176,349) (2,020,375) (2,401,469) (6,598,193) (8,274,087) Payments to internal service funds and administrative fees(1,931,737) (1,617,175) (1,086,433) (4,635,345) (494,413) Net cash flows from operating activities4,327,996 4,688,988 1,473,194 10,490,178 651,348 CASH FLOWS FROM NON-CAPITAL FINANCING ACTIVITIESTransfers in600,000 - 534,921 1,134,921 - Transfers out(600,000) - - (600,000) - Receipts from grants and intergovernmental sources34,284 31,453 36,830 102,567 - Net cash flows from non-capital financing activities34,284 31,453 571,751 637,488 - CASH FLOWS FROM CAPITAL AND RELATEDFINANCING ACTIVITIESAcquisition of capital assets(1,134,021) (19,944,627) (1,826,945) (22,905,593) (145,416) Principal paid on bonds, interfund loans, loans and leases(1,248,556) (1,760,000) (135,936) (3,144,492) (6,459) Interest paid on bonds, interfund loans, loans and leases(552,156) (581,214) (37,437) (1,170,807) (3,418) Proceeds from issuance of long-term debt- 12,285,587 - 12,285,587 - Impact fees received2,943,242 1,764,435 - 4,707,677 - Proceeds from sale of property, plant and equipment- - - - 4,904 Net cash flows from capital andrelated financing activities8,509 (8,235,819) (2,000,318) (10,227,628) (150,389) CASH FLOWS FROM INVESTING ACTIVITIESInterest on investments72,337 35,553 9,823 117,713 9,046 Net cash flows from investing activities72,337 35,553 9,823 117,713 9,046 Net change in cash and investments4,443,126 (3,479,825) 54,450 1,017,751 510,005 Cash and investments, beginning of year30,097,937 12,738,406 3,620,781 46,457,124 1,497,631 Cash and investments, end of year34,541,063$ 9,258,581$ 3,675,231$ 47,474,875$ 2,007,636$ Classified as:Cash and investments20,024,517$ 3,733,057$ 2,960,753$ 26,718,327$ 2,007,636$ Restricted cash and investments14,516,546 5,525,524 714,478 20,756,548 - Totals34,541,063$ 9,258,581$ 3,675,231$ 47,474,875$ 2,007,636$ (continued)Business-type ActivitiesEnterprise Funds39CITY OF BOZEMAN, MONTANASTATEMENT OF CASH FLOWS (CONTINUED)PROPRIETARY FUNDSYear Ended June 30, 2021The Notes to Financial Statements are an integral part of this statement.GovernmentalActivitiesWaste Nonmajor InternalWater Fund Water Fund Funds Total Service FundsRECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH FROM OPERATING ACTIVITIESOperating income (loss) 959,683$ 298,665$ 419,376$ 1,677,724$ (127,796)$ Adjustments to reconcile operating income (loss)to net cash flows from operating activitiesDepreciation and amortization 3,189,401 3,298,441 1,016,358 7,504,200 119,822 Change in estimated closure and post-closure care costs - - (323,723) (323,723) - Change in solvent site remediation obligation - (170,202) - (170,202) - Other income 66,188 123,804 43,516 233,508 54,826 Gain (loss) on disposal of assets 6,704 8,214 3,000 17,918 - Change in assets and liabilities:(Increase) Decrease in:Accounts receivable(150,123) (209,157) (37,362) (396,642) 4,598 Prepaid expenses- - - - 21,580 Other governments receivable- - (22,490) (22,490) - Increase (Decrease) in:Accounts payable5,372 1,171,020 274,294 1,450,686 102,057 Due from other city funds- - - - 252,741 Accrued employee benefits payable28,042 23,910 31,033 82,985 35,143 Deferred inflows - unavailable revenue- - - - - Net pension222,729 144,293 69,192 436,214 188,377 Total adjustments3,368,313 4,390,323 1,053,818 8,812,454 779,144 Net cash flows from operating activities4,327,996$ 4,688,988$ 1,473,194$ 10,490,178$ 651,348$ SUPPLEMENTAL CASH FLOW INFORMATIONNoncash transactions: Transferred property, plant and equipment-$ -$ -$ -$ 167,065$ Donated infrastructure2,701,180 2,228,364 497,622 5,427,166 - Total noncash transactions2,701,180$ 2,228,364$ 497,622$ 5,427,166$ 167,065$ Enterprise FundsBusiness-type Activities449 FIDUCIARY FUND FINANCIAL STATEMENTSFIDUCIARY FUNDSCUSTODIAL FUNDSCustodial funds are used to account for assets held by the City as an agent for individuals, private organizations, other governments,and/or other funds. Custodial funds are used to report fiduciary activities that are not required to be reported in pension (or other employee benefit) trust funds, investment trust funds, or private-purpose trust funds. Tourism Business Improvement District – Accounts for amounts collected from hotels on behalf of the District, a special-purpose government, whose purpose is to enhance the economic vitality of Bozeman by promoting tourism through sales and marketing strategies.Municipal Court – Accounts for monies held for appearance bonds and restitution.450 40CITY OF BOZEMAN, MONTANASTATEMENT OF FIDUCIARY NET POSITIONFIDUCIARY FUNDSJune 30, 2021The Notes to Financial Statements are an integral part of this statement.Custodial FundsASSETSCash and cash equivalents469,777$ Customer receivables2,607Total assets472,384$ LIABILITIESAccounts payable425,176NET POSITIONRestricted for other organizations47,208Total liabilities and net position472,384$ 41CITY OF BOZEMAN, MONTANASTATEMENT OF CHANGES IN FIDUCIARY NET POSITIONFIDUCIARY FUNDSJune 30, 2021The Notes to Financial Statements are an integral part of this statement.Custodial FundsADDITIONSContributionsInterest income 1,591$ DEDUCTIONSMiscellaneous 156 Change in net position 1,435 NET POSITION - Beginning of Year - Restatements 45,773 NET POSITION - End of Year 47,208$ 451 NOTES TO FINANCIAL STATEMENTS42CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTSJune 30, 2021NOTE 1. SIGNIFICANT ACCOUNTING POLICIESThe City of Bozeman of Gallatin County, Montana (the City) was incorporated as a municipal corporation in 1883. The present City Code of Ordinances was adopted October 3, 2011. Under the charter, the City is governed by a mayor and commission members who comprise the City Commission. The day-to-day affairs of the City are conducted under the supervision of the City Manager, who is appointed by and serves at the pleasure of a majority of the City Commission.The accompanying financial statements of the City have been prepared in conformity with generally accepted accounting principles (GAAP) as prescribed by the Governmental Accounting Standards Board (GASB), the accepted standard-setting body for establishing governmental accounting and financial reporting principles. In June 1999 the GASB issued Statement 34 Basic Financial Statements-and Management’s Discussion and Analysis-for State and LocalGovernments (GASB 34). This Statement establishes financial reporting requirements for state and local governments throughout the United States. The accompanying financial statements present the financial position of the City and the various funds and fund types, the results of operations of the City and the various funds and fund types, and the cash flows of the proprietary funds. The financial statements are presented as of June 30, 2021, and for the year then ended. The more significant accounting policies of the City are described below.New Accounting PronouncementThe Cityimplemented the following GASB pronouncement for the year ended June 30, 2021: Statement No. 84, Fiduciary Activities. The goal of this statement is to improve guidance regarding the identification of fiduciary activities for account and financial reporting purposes and how those activities should be reported. Due to the implementation of GASB 84 the City shows a restatement to Custodial funds of $45,773.Reporting EntityThe City has considered all potential component units for which it is financially accountable and other organizations for which the nature and significance of their relationship with the City are such that exclusion would cause the City’s financial statements to be misleading or incomplete. The Governmental Accounting Standards Board has set forth criteria to be considered in determining financial accountability in Statement 14 The Financial Reporting Entityand Statement 61, The Financial Reporting Entity: Omnibus – an Amendment of GASB Statements No. 14 and No. 34. These criteria include appointing a voting majority of an organization's governing body and (1) the ability of the City to impose its will on that organization or (2) the potential for the organization to provide specific financial benefits to, or impose specific financial burdens on the City.452 43CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 1. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)Reporting Entity (Continued)Although the following entities meet the requirements of Statement 61, they are strictly advisory in nature. Therefore, the government-wide financial statements do not include the financial information of the following entities and their omission does not cause the City’s financial statements to be misleading or incomplete. Should there develop a financial element at some point in the future, the City shall include these entities on its government-wide financial statements. Senior Center Advisory Council – This council is advisory in nature on senior issues and on how to run the City-owned Senior Center building. The City is responsible for the maintenance and operation of the building.Parking Commission – The City Commission appoints the governing board of the Parking Commission, which was created by ordinance. The City owns the parking lots, collects the rents, and assigns the lots to the individuals. City Planning Board – The agreement forming the City Planning Board holds that it will submit its budget to the City Commission for approval, and the City provides all accounting functions and is responsible for the issuance of debt. It is presented with the Special Revenue Funds.Basis of Accounting/Measurement FocusThe accounts of the City are organized on the basis of funds, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures, or expenses, as appropriate. Governmental resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled.Government-Wide Financial StatementsThe Government-Wide Financial Statements (the Statement of Net Position and the Statement of Activities) present information of all the non-fiduciary activities of the primary government and its component units. These statements present summaries of Governmental and Business-Type Activities for the City accompanied by a total column.These statements are presented on an “economic resources” measurement focus and the accrual basis of accounting. Accordingly, all of the City’s assets and liabilities, including capital assets and long-term liabilities, are included in the accompanying Statement of Net Position. The City has retroactively included infrastructure in its assets. The Statement of Activities presents changes in Net Position. Under the accrual basis of accounting, revenues are recognized in the period in which they are earned while expenses are recognized in the period in which the liability is incurred. The types of transactions reported as program revenues for the City are reported in three categories: 1) charges for services, 2) operating grants and contributions, and 3) capital grants and contributions.Certain eliminations have been made as prescribed by GASB 34 in regards to inter-fund activities, payables, and receivables. All internal balances in the Statement of Net Position have been eliminated, except those representing balances between the governmental activities and the business-type activities, which are presented as internal balances and eliminated in the total primary government column. In the Statement of Activities, internal service fund transactions have been eliminated; however, those transactions between governmental and business-type activities have not been eliminated.44CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 1. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)Basis of Accounting/Measurement Focus (Continued)The City applies all applicable GASB pronouncements including all National Council on Governmental Accounting Statements and Interpretations currently in effect.Governmental Fund Financial Statements Governmental Fund Financial Statements include a Balance Sheet and a Statement of Revenues, Expenditures, and Changes in Fund Balances for all major governmental funds and nonmajor funds aggregated. An accompanying schedule is presented to reconcile and explain the differences in fund balances and changes in fund balances as presented in these statements to the net position and changes in net position presented in the Government-Wide Financial Statements. The City has presented all major funds that met those qualifications.All governmental funds are accounted for on a spending or “current financial resources” measurement focus and the modified accrual basis of accounting. Accordingly, only current assets and current liabilities are included on the Balance Sheets. The Statement of Revenues, Expenditures, and Changes in Fund Balances present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current position. Under the modified accrual basis of accounting, revenues are recognized in the accounting period in which they become both measurable and available to finance expenditures of the current period. Accordingly, revenues are recorded when received in cash, except that revenues subject to accrual (generally 60 days after year-end) are recognized when due. The primary revenue sources which have been treated as susceptible to accrual by the City are property taxes, intergovernmental revenues, and other taxes. Expenditures are recorded in the accounting period in which the related fund liability is incurred. The City has elected to apply the early recognition option of recognizing debt services expenditures provided by GASB Interpretation No. 6, Recognition and Measurement of Certain Liabilities and Expenditures in Governmental Fund Financial Statements. Under this option, an expenditure and a liability are recorded in debt service funds in the current year for amounts due early in the following year, for which resources have been provided during the current year.Proprietary Fund Financial StatementsProprietary Fund Financial Statements include a Statement of Net Position, a Statement of Revenues, Expenses, and Changes in Net Position, and a Statement of Cash Flows for each major proprietary fund. A column representing internal service funds is also presented with the Proprietary Fund Financial Statements. Internal service balances and activities, however, have been combined with the governmental activities in the Government-Wide Financial Statements.Proprietary funds are accounted for using the “economic resources” measurement focus and the accrual basis of accounting. Accordingly, all assets and liabilities (whether current or noncurrent) are included on the Statement of Net Position. The Statement of Revenues, Expenses, and Changes in Net Position present increases (revenues) and decreases (expenses) in total net position. Under the accrual basis of accounting, revenues are recognized in the period in which they are earned while expenses are recognized in the period in which the liability is incurred. Operating revenues in the proprietary funds are those revenues that are generated from the primary operations of the fund. All other revenues are reported as non-operating revenues. Operating expenses are those expenses that are essential to the primary operations of the fund. All other expenses are reported as non-operating expenses.453 45CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 1. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)Basis of Accounting/Measurement Focus (Continued)Fiduciary Fund Financial StatementsFiduciary Fund Financial Statements include a Statement of Fiduciary Net Positionand a Statement of Changes in Fiduciary Net Position. The City’s Fiduciary Funds represent Custodial Funds. Custodial Funds are custodial in nature (assets equal liabilities) and do not involve measurement of results of operations. Therefore, Custodial Funds do not have a measurement focus. These funds are accounted for using the accrual basis of accounting. The following CustodialFunds are included in the Fiduciary Fund financial statements:Tourism Business Improvement District – Accounts for amounts collected from hotels on behalf of the District, a special-purpose government, whose purpose is to enhance the economic vitality of Bozeman by promoting tourism through sales and marketing strategies.Municipal Court Trust Fund – Accounts for monies held for appearance bonds and restitution related to criminal arrests and reimbursement for damage caused.Internal Service FundsInternal Service Funds are used to account for goods and services provided by one department to other departments of the City on a cost-reimbursement basis. These direct costs and certain indirect costs are included as part of the program expense reported for the individual functions and activities of these other departments. The following Internal Service Funds are included in the Proprietary Fund Financial Statements:Vehicle Maintenance Shop – Accounts for the maintenance and repair of vehicles used in the operation of City services.Medical Health Insurance – Accounts for insurance premium revenues received from the various City departments and retirees, and the related costs of health, vision, and dental insurance premiums incurred by City employees and retirees.Public Works Administration – Accounts for the professional level management, engineering, and GIS technical support provided to other Public Works divisions, including water, wastewater, solid waste, stormwater, in addition to support provided to other City departments.46CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 1. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)FundsAs mentioned, the Governmental Fund Financial Statements include a Balance Sheet and a Statement of Revenues, Expenditures, and Changes in Fund Balances for all major governmental funds and nonmajor funds aggregated. The following major funds are presented in separate columns on the Governmental Funds Financial Statements, and the Proprietary Funds Financial Statements, respectively: Governmental Funds General Fund – this fund accounts for the financial operations of the City, which are not accounted for in any other fund. Principal sources of revenue are property taxes, state and local shared revenues, licenses and permits, and charges for services provided to other funds. Principal expenditures in the General Fund are made for police and fire protection, public welfare, and general government.American Rescue Plan Act (ARPA) Special Revenue Fund - This fund accounts for the ARPA federal grant program. Grant funds must be used for the stated purpose of the grant and must meet grantor expenditure guidelines.Special Improvement District (SID) Sinking– Accounts for the accumulation of resources and payment of special assessment bond principal and interest related to general improvement, sidewalk, and curb construction projects.General Improvements Capital Projects Fund – Accounts for the construction of general improvement projects financed by special assessments other than those financed by proprietary funds. Proprietary Funds Water Fund – Accounts for the City's water utility operations and to collect and administer water impact fees.Waste Water Fund – Accounts for the City's sewer utility operations and to collect and administer waste water impact fees.Use of Restricted/Unrestricted Net PositionWhen an expense is incurred for purposes for which both restricted and unrestricted net position are available, the City’s policy is to apply restricted net position first.Cash and InvestmentsCash and investments are under the management of the City's Treasurer and consist primarily of demand deposits and investments in U.S. Government Bonds. Interest income earned as a result of pooling of City deposits is distributed to the appropriate funds utilizing a formula based on the average balance of cash and investments of each fund.Montana State statutes authorize the City to invest in interest-bearing savings accounts, certificates of deposits, and time deposits insured up to $250,000 by the Federal Deposit Insurance Corporation or fully collateralized, U.S. government and U.S. agency obligations and repurchase agreements where there is a master repurchase agreement and collateral held by a third party.454 47CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 1. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)Restricted Cash and InvestmentsCertain proceeds of enterprise fund revenue bonds, as well as certain resources set aside for their repayment, are classified as restricted assets on the Balance Sheet because their use is limited by applicable bond covenants. Impact fees collected and line-oversizing fees are restricted for applicable use. Payments in lieu of parking are restricted by code for future parking related capital projects.Use of EstimatesThe preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates.Investments Fair ValueThe City categorizes its fair value measurements within the fair value hierarchy established by generally accepted accounting principles. The hierarchy is based on the valuation inputsused to measure the fair value of the asset. Level 1 inputs are quoted prices in active markets for identical assets(these investments are valued using prices quoted in active markets); Level 2 inputs are significant other observable inputs (these investments are valued using matrix pricing); Level 3 inputs are significant unobservable inputs (these investments are valued using consensus pricing).Eliminations and ReclassificationsIn the process of aggregating data for the Statement of Net Position and the Statement of Activities, some amounts reported as inter-fund activity and balances in the funds have been eliminated or reclassified. Internal service fund activity has also been eliminated in the Statement of Activities to remove the “doubling-up” effect.Capital AssetsThe City’s assets are capitalized at historical cost or estimated historical cost. City policy has set the capitalization threshold for reporting capital assets at $5,000. Donated capital assets, donated works of art and similar items, and capital assets received in a service concession arrangement are reported at acquisition value. Depreciable capital assets are reported on the Statement of Net Position, net of applicable accumulated depreciation. Capital assets, which are not depreciable such as land, and construction in progress are reported separately. Depreciation expense is reported in the Statement of Activities and is calculated using the straight-line method based on the assets estimated useful life.Depreciation is recorded on a straight-line basis over the useful lives of the assets as follows:Vehicles5 to 10 yearsMachinery and equipment5 to 30 yearsBuildings20 to 80 yearsOther structures and improvements10 to 100 yearsInfrastructure25 to 100 years48CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 1. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)Capital Assets (Continued)In accordance with GASB 34, the City has recorded infrastructure assets prospectively from 2005, the date of implementation, and has included infrastructure acquired prior to implementation within the four-year required period. The City defines infrastructure as the basic physical assets that allow the City to function. These assets include the street system, comprised of roads, sidewalks, curbs, and street lights; the water purification and distribution system; the sewer collection and treatment system; park and recreation lands and related improvements; stormwater conveyance system; and buildings and site amenities, including parking and landscaped areas.The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. Improvements are capitalized and depreciated over the remaining useful lives of the related capital assets, as applicable.Compensated Absences PayableEarned but unpaid vacation and sick pay is included as a liability in the proprietary fund types and Government-Wide Financial Statements. The portion relating to the governmental fund types not expected to be paid with expendable, and available resources is not reported in the governmental fund statements unless the liability has matured (i.e., unused reimbursable leave still outstanding following an employee's resignation or retirement).Inter-fund Receivables and PayablesDuring the course of operations, numerous transactions occur between individual funds that may result in amounts owed between funds. Those short-term loans related to goods- and services-type transactions are classified as “due to and from other funds.” Long-term inter-fund loans (noncurrent portion) are reported as “advances to and from other funds.” Inter-fund receivables and payables between funds are eliminated in the Statement of Net Position.On-Behalf Payments for Fringe BenefitsOn-behalf payments for fringe benefits are direct payments made by one entity to a third-party recipient for the employees of another legally separate entity. On-behalf payments include pension plan contributions. The State's pension contribution is recorded as intergovernmental revenue with an offsetting public safety or general government expenditure in the Pension Special Revenue Fund (see Note 14).BudgetsEach year, the City Manager must submit to the City Commission a proposed operating budget for all budget units within the City for the fiscal year commencing July 1. This operating budget includes proposed expenditures and the means of financing them. Public hearings are conducted to obtain citizen comments on the proposed budget. The budget is then legally adopted through passage of the appropriation resolution by the City Commission.The City adopts a final budget each June and amends the budget in August if the initial taxable value estimates were significantly different from the final Certified Values received from the State. 455 49CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 1. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)Budgets (Continued)Budgets are legally required for all governmental fund types. These budgets are prepared on the same basis and using the same accounting practices as are used to account and prepare financial reports for the funds. Budgets presented in this report for comparison to actual amounts are presented in accordance with GAAP. Annual appropriated budgets are adopted for all funds and all appropriations lapse at year-end. The level of budgetary control (that is the level at which expenditures cannot legally exceed the appropriated amount) is established at the fund level. The City Commission may amend the budget during the course of the fiscal year. Montana state statute provides a number of different ways to amend the budget. The first involves a reallocation of existing appropriations among the line items within a specific fund. The second defines a series of scenarios where the governing body has authority to amend the budget without a hearing for donations, land sales, and fee-based budgets. All other increases in appropriation authority that are not specifically permitted by statute must be approved through a public hearing process.Any accruing revenue of the municipality not appropriated and any balance at any time remaining after the purpose of an appropriation has been satisfied or abandoned, may from time to time be appropriated to other uses that do not conflict with any uses for which specifically the revenue was accrued. A public hearing is required for an overall increase in appropriation authority, except in the case of an emergency.In its annual appropriation resolution, the City Commission delegated budget amendment authority to the City Manager for the expenditure of funds from any or all of the following: debt service funds, enterprise funds, internal service funds, trust funds, federal and state grants accepted and approved by the governing body, special assessments, and donations. In all other funds, the City Manager may, without approval from the City Commission, make budget amendments as long as the total appropriation for the department is not exceeded. Spending control is established by the total amount of expenditures budgeted for the fund, but management may exercise control at budgetary line items.Fund BalanceIn accordance with GASB Statement 54, the City reports fund balance for governmental funds in two general classifications, nonspendable and spendable.Nonspendable represents the portion of fund balance that is not in spendable form, such as inventories, and, in the general fund, long-term notes and loans receivable. Spendable fund balance is further categorized as restricted, committed, assigned, and unassigned.The restricted fund balance category contains balances that can be spent only for the specific purposes stipulated by external parties or through enabling legislation. External parties include grantors, debt covenants, votes, and laws and regulations of other governments.The committed fund balance category includes amounts that can be used only for the specific purposes determined by a formal action of the government’s highest level of decision-making authority, the City Commission. The City Commission needs to formally adopt a Resolution in order to establish, modify, or rescind a fund balance commitment. 50 CITY OF BOZEMAN, MONTANA NOTES TO FINANCIAL STATEMENTS (CONTINUED) June 30, 2021 NOTE 1. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Fund Balance (Continued) Amounts in the assigned fund balance classification are intended to be used by the government for specific purposes but do not meet the criteria to be classified as restricted or committed. The City’s policy to authorize the assignment of fund balance is as follows: Assigned Fund Balance can be expressed and authorized directly by the City Commission or by an official to whom the Commission delegates the authority. The City Commission delegates this authority to the City Manager. The amount of General Fund balance presented on page 24 has been assigned this fiscal year for the specific purposes listed on page 24. Included in the assigned fund balance for the general fund are assignments for the portion of the current general fund balance that is projected to be used to fund expenditures and other cash outflows in excess of the expected revenues and other cash inflows projected for the next fiscal year. Similarly, the City Manager exercised his delegated authority to assign the major Capital Projects Fund balances presented on pages 31 and 36 for the specific purposes listed on page 111 and 112. Unassigned fund balance is the residual classification for the government’s general fund and includes all spendable amounts not contained in the other classifications. In other funds, the unassigned classification should be used only to report a deficit balance resulting from overspending for specific purposes for which amounts had been restricted, committed, or assigned. When both restricted and unrestricted resources are available, spending will occur in the following order, for the identified fund types: General Fund: Restricted, Committed, Assigned, Unassigned Special Revenue Funds: Restricted, Committed, Assigned Debt Service Funds: Assigned, Committed, Restricted Capital Projects Funds: Restricted, Committed, Assigned Minimum General Fund – Fund Balance The City does not maintain a stabilization fund. However, the City’s Charter requires an established minimum level of “General Fund Unreserved Fund Balance,” in accordance with the Government Finance Officers’ Association (GFOA) Best Practices. The GFOA significantly changed their Best Practice Recommendation in October 2009. As a result, in May 2010, the Commission increased the required minimum from 12% to 16 2/3%, or 2 months’ worth of revenues. NOTE 2. CASH AND INVESTMENTS Net Position In funds other than governmental, net position represents the difference between assets and liabilities. Net investment in capital assets consists of capital assets, net of accumulated depreciation, reduced by the outstanding balances of any borrowing used for the acquisition, construction, or improvement of those assets. Net position is reported as restricted when there are limitations imposed on its use either through enabling legislation or through external restrictions imposed by creditors, grantors, or laws and regulations of other governments. 456 51CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 2. CASH AND INVESTMENTS (CONTINUED)Net Position (Continued)At June 30, 2021, the carrying amount of the City's deposits in local banks and investments is $136,448,790. Interest bearing account balances are covered by the Federal Depository Insurance Corporation (FDIC) up to $250,000 per bank, per depositor. In addition, all noninterest bearing transaction account balances are fully insured by FDIC coverage. Interest bearing account balances not insured by FDIC coverage is $9,486,072. This remaining balance iscovered by collateral held by the pledging bank's agent in the City's name.The City’s cash and investments are reported as follows:UnrestrictedRestrictedTotalGovernmental activities73,216,674$ 15,287,464$ 88,504,138$ Business-type activities26,718,327 20,756,548 47,474,875 Fiduciary funds- 469,777 469,777 99,935,001$ 36,513,789$ 136,448,790$ Custodial credit risk for deposits is the risk that in the event of a financial institution failure, the City’s deposits may not be returned or the City will not be able to recover the collateral securities in the possession of the outside party. The City minimizes custodial credit risk by restrictions set forth in City policy and state law. The City’s policy requires deposits to be 104 percent secured by collateral valued at market value. The City Treasurer maintains a listing of financial institutions, which are approved for investment purposes. Types of securities that may be pledged as collateral are detailed in Section 17-6-103 of the Montana Code Annotated (MCA). City policy requires that specific safeguards against risk of loss be evidenced when the City does not physically hold the securities. On June 30, 2021, the following interest rate risks and valuation inputs were associated with the City’s deposits and investments. Credit RiskInvestmentMaturities RatingFair Value Valuation InputsCertificates of depositFebruary 2021-April 2021NA2,039,060$ Level 2U.S. Government bondsMarch 2022 -April 2025S&P AA+52,729,920 Level 2U.S. Bank Municipal Investment AccountN/AN/A2,064,073 Level 2State of Montana Short Term Investment Pool AccountN/AN/A79,000,000 Demand depositsN/AN/A610,548 Petty cashN/AN/A5,189 136,448,790$ 52CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 2. CASH AND INVESTMENTS (CONTINUED)Net Position (Continued)Credit risk is defined as the risk that an issuer or other counterpart to an investment that will not fulfill its obligation. The above credit risk rating indicates the probability that the issuer may default in making timely principal and interest payments. The credit ratings presented in the previous tables are provided by Standard and Poor’s Corporation (S&P). The City’s investment policy is to hold investments to maturity with the contractual understanding that these investments are low risk, locked in to a guaranteed rate of return, and are, therefore, not impacted significantly by changes in short term interest rates. The City has no formal policy relating to interest risk and no formal policy relating to credit risk.The City voluntarily participates in the STIP (Short Term Investment Pool) administered by the Montana Board of Investments (MBOI). A local government’s STIP ownership is represented by shares, the prices of which are fixed at $1.00 per share, and participants may buy or sell shares with one business days’ notice. STIP administrative expenses are charged daily against the STIP income, which is distributed on the first calendar day of each month. Shareholders have the option to automatically reinvest their distribution income in additional shares. STIP is not registered with the Securities and Exchange Commission.STIP is not FDIC insured or otherwise insured or guaranteed by the federal government, the State of Montana, the Montana Board of Investments or any other entity against investment losses and there is no guaranteed rate of return on funds invested in STIP shares. The Montana Board of Investments maintains a reserve fund to offset possible losses and limit fluctuations in STIP’s valuation. The STIP investment portfolio consists of securities with maximum maturity of 2 years. Information on investments held in the STIP can be found in the Annual Report on the Montana Board of Investments website at http://investment.com/AnnualReportsAudits.NOTE 3. PROPERTY TAX AND SPECIAL ASSESSMENTS REVENUE AND RECEIVABLESProperty TaxesReal property taxes are assessed and collected each fiscal year according to the following property tax calendar:Lien Date: December 1stfor the 1stinstallment and June 1stfor the 2ndinstallmentLevy Date: November 1stDue Dates: November 30th for the 1stinstallment and May 31 for the 2ndinstallmentPersonal property taxes are assessed on January 1 of each year and billed in May, with payment due within thirty days.Gallatin County collects all property taxes on behalf of the City and remits collections, including penalties and interest, on a monthly basis. The County assesses a delinquency penalty of 2%. If taxes become delinquent, the County tax collector may sell the property to collect taxes due plus 0.83% per month interest. In the fund financial statements, the City accrues as receivable all property taxes received during the first sixty (60) days of the new fiscal year from Gallatin County, in accordance with the modified accrual basis. In the government-wide financial statements, all taxes billed, but not yet collected are accrued in accordance with the full accrual basis of accounting, as described in Note 1.457 53CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 3. PROPERTY TAX AND SPECIAL ASSESSMENTS REVENUE AND RECEIVABLES (CONTINUED)Special AssessmentsSpecial assessments receivable represent the uncollected amounts levied against benefited property for the cost of local improvements. Assessments are payable over a period of 18 to 20 years and bear interest of 2.5% to 5.75% per annum. Recognition of the revenues from these assessments has been deferred until both measurable and available in governmental funds. In the Government-Wide Financial Statements, however, these amounts are reported as revenues in the period they are levied. Once received, the monies will be used to meet the annual debt service requirements on related bonds and notes payable. NOTE 4. DEFERRED INFLOWS AND OUTFLOWS OF RESOURCESDeferred inflows of resources in the General Fund represent outstanding general property taxes at June 30, 2021. These amounts are reported as revenue in the Government-Wide Financial Statements in the period in which they are levied. Deferred inflows in Special Revenue Funds represent either revenues received but not considered earned or amounts to be received in the future that are recorded as receivables but not yet earned. The deferred inflows in Debt Service Funds represent future assessments to be received to meet the related debt obligation. Deferred inflows and outflows in the Government-Wide Financial Statements relate to payments made on pension plans after the measurement date for the calculated pension obligations. Deferred inflows and outflows in the Government-Wide Financial Statements also relate to the implicit rate subsidy of post-employment benefits.NOTE 5. PREPAID RENT (OPERATING LEASE) On October 22, 1992, the City signed a memorandum of understanding with Gallatin County, Montana, in which the City agreed to lease space from the County's Law and Justice Center for the City Police Department and Municipal Court. The City paid to the County $765,000 during the renovation of the building, which started 1993. The $765,000 constitutes rent for four rental terms of ten years each. During the term of the lease and renewal of the lease, the principal balance of $765,000 will be decreased by equal annual rental payments in the amount of $19,125. If the City and County mutually agree to terminate the lease after the second ten-year term, the County will refund $274,125, to the City for the unused portion of the rent. The lease began when renovations were complete on November 1, 1994. For the year ended June 30, 2021, rent expenditure was $19,125 regarding this lease.NOTE 6. NOTES RECEIVABLEThe City had the following notes receivable:Special Revenue FundsEconomic Development Loan Fund425,388$ Community Housing Fund30,236 Total455,624$ 54CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 7. CAPITAL ASSETS In accordance with GASB 34, the City has reported all capital assets, with the exception of pre-July 1, 2001, infrastructure in the Government-Wide Statement of Net Position. For the year ended June 30, 2021, depreciation expense on capital assets was charged to the functions and programs as follows:Governmental Activities:General Government338,254$ Public Safety815,291Public Services4,822,992Public Welfare1,263,742Total depreciation expense - governmental activities7,240,279$ Business-type Activities:Parking401,057$ Storm Water175,541Water3,189,401Waste Water3,298,441Solid Waste439,760Total depreciation expense - business-type activities7,504,200$ 458 55CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 7. CAPITAL ASSETS (CONTINUED)All capital assets of the City are depreciable with the exception of land, water rights, and construction in process, when applicable. Capital assets activity of the City for the year ended June 30, 2021, consisted of the following:June 30, 2020 Additions Disposals Transfers June 30, 2021GOVERNMENTAL ACTIVITIESNon-depreciable:Land31,612,231$ 2,005,622$ -$ -$ 33,617,853$ Construction in progress3,297,530 27,071,757 - - 30,369,287 Depreciable:Buildings35,338,788 162,580 - - 35,501,368 Other structures and improvements1,145,214 - - - 1,145,214 Machinery and equipment16,586,124 1,428,110 (96,068) - 17,918,166 Property under capital lease771,151 - - - 771,151 Vehicles4,442,469 455,015 (126,227) - 4,771,257 Infrastructure237,326,984 6,149,895 - - 243,476,879 Total330,520,491 37,272,979 (222,295) - 367,571,175 Accumulated depreciation(120,082,197) (7,240,279) 213,719 - (127,108,757) Total governmental activities210,438,294$ 30,032,700$ (8,576)$ -$ 240,462,418$ BUSINESS-TYPE ACTIVITIESNon-depreciable:Land 2,218,553$ -$ -$ -$ 2,218,553$ Water rights2,120,142 - - - 2,120,142 Construction in progress- 19,200,051 - - 19,200,051 Depreciable:Buildings113,648,314 224,712 - - 113,873,026 Other structures and improvements30,547,611 - - - 30,547,611 Machinery and equipment10,818,385 1,357,646 - - 12,176,031 Property under capital lease519,943 - - - 519,943 Vehicles2,091,719 180,604 (70,131) - 2,202,192 Infrastructure343,299,622 7,369,745 - - 350,669,367 Total505,264,289 28,332,758 (70,131) - 533,526,916 Accumulated depreciation(209,778,315) (7,504,200) 70,131 - (217,212,384) Total business-type activities295,485,974$ 20,828,558$ -$ -$ 316,314,532$ Total capital assets505,924,268$ 50,861,258$ (8,576)$ -$ 556,776,950$ 56CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 7. CAPITAL ASSETS (CONTINUED)Changes in accumulated depreciation are as follows for the year ended June 30, 2021:June 30, 2020 Additions Disposals Transfers June 30, 2021GOVERNMENTAL ACTIVITIESBuildings (18,559,009)$ (885,356)$ -$ -$ (19,444,365)$ Other structures and improvements (1,130,543) (20,858) - - (1,151,401) Machinery and equipment (10,265,341) (1,224,105) 87,493 - (11,401,953) Property under capital lease(307,995) (64,339) - - (372,334) Vehicles (3,231,327) (279,283) 126,226 - (3,384,384) Infrastructure (86,587,982) (4,766,338) - - (91,354,320) Total governmental activities(120,082,197)$ (7,240,279)$ 213,719$ -$ (127,108,757)$ BUSINESS-TYPE ACTIVITIESBuildings(24,355,232)$ (2,683,563)$ -$ -$ (27,038,795)$ Other structures and improvements(29,317,971) (432,657) - - (29,750,628) Machinery and equipment(8,225,448) (673,573) - - (8,899,021) Property under capital lease(285,967) (51,994) - - (337,961) Vehicles(1,633,837) (82,173) 70,131 - (1,645,879) Infrastructure(145,959,860) (3,580,240) - - (149,540,100) Total business-type activities(209,778,315) (7,504,200) 70,131 - (217,212,384) Total accumulated depreciation(329,860,512)$ (14,744,479)$ 283,850$ -$ (344,321,141)$ NOTE 8. COMPENSATED ABSENCESThe City’s policy relating to compensated absences is described in Note 1. The current portion is that which is expected to be paid within one year. This amount is estimated based on past trends and expected upcoming events. Actual amounts could differ. Historically, compensated absences and pension liabilities have been liquidated primarily by the general fund and the proprietary funds. 459 57CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 8. COMPENSATED ABSENCES (CONTINUED)Balance Balance June 30, 2020 Incurred Satisfied June 30, 2021Compensated absences:Governmental activities 3,093,301$ 1,896,557$ (1,799,976)$ 3,189,882$ Business-type activities 532,657 390,517 (369,113) 554,061 Total compensated absences 3,625,958$ 2,287,074$ (2,169,089)$ 3,743,943$ Due within Due after one year one year TotalCompensated absences:Governmental activities 1,854,991$ 1,334,891$ 3,189,882$ Business-type activities 434,995 119,066 554,061 Total compensated absences 2,289,986$ 1,453,957$ 3,743,943$ NOTE 9. LONG-TERM DEBTGovernmental Activities Long-Term DebtThe following is a summary of long-term debt transactions of the City’s governmental activities for the year ended June 30, 2021:Balance Issuances and Repayments BalanceJune 30, 2020 Additions and Deletions June 30, 2021General obligation bonds 45,445,000$ -$ (2,205,000)$ 43,240,000$ Tax increment financing bonds4,733,238 6,500,000 (469,583) 10,763,655 Special assessment debt 139,500 4,001,000 (192,284) 3,948,216 Note payable 1,700,000 - (62,883) 1,637,117 Intercap notes payable 781,079 - (171,502) 609,577 Bond premiums3,778,566 649,009 (229,101) 4,198,474 Subtotal bonds and notes56,577,383 11,150,009 (3,330,353) 64,397,039 Compensated absences3,093,301 1,896,557 (1,799,976) 3,189,882 Capital leases (see Note 10)404,039 - (93,769) 310,270 Totals60,074,723$ 13,046,566$ (5,224,098)$ 67,897,191$ 58CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 9. LONG-TERM DEBT (CONTINUED)Governmental Activities Long-Term Debt (Continued)The above long-term debt of the City’s governmental activities is presented in the accompanying Statement of Net Position as follows:Long-termCurrent Portion Portion(due within (due after Total one year) one year) Long-Term DebtGeneral obligation bonds 1,980,000$ 41,260,000$ 43,240,000$ Tax increment financing bonds 460,140 10,303,515 10,763,655 Special assessment debt 32,000 3,916,216 3,948,216 Note payable 65,167 1,571,950 1,637,117 Intercap notes payable 173,945 435,632 609,577 Bond premiums 229,101 3,969,373 4,198,474 Subtotal bonds and notes 2,940,353 61,456,686 64,397,039 Compensated absences 1,854,991 1,334,891 3,189,882 Capital leases (see Note 10) 104,813 205,457 310,270 Totals4,795,344$ 62,791,577$ 67,586,921$ General Obligation Bonds - The City issues general obligation bonds to provide funds for the acquisition and construction of major capital assets. General obligation bonds are direct obligations of the City and are backed by the full faith and credit of the City. General obligation bonds currently outstanding are as follows:Due withinInterest Rate Amount one yearGeneral Obligation Refunding Bonds, series 2012serial maturities through 2021 1.50% -$ -$ General Obligation TOP Bonds, Series 2013serial maturities through 2034 2.00% 7,180,000 450,000 General Obligation TOP Bonds, Series 2014serial maturities through 2035 1.00% 3,925,000 225,000 General Obligation Bonds, Series 2019serial maturities through 2039 2.00% 32,135,000 1,305,000 Total general obligations bonds 43,240,000$ 1,980,000$ 460 59CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 9. LONG-TERM DEBT (CONTINUED)Governmental Activities Long-Term Debt (Continued)Annual debt service requirements to maturity for general obligation bonds are as follows:Principal Interest TotalYear ending June 30,20221,980,000$ 1,473,038$ 3,453,038$ 20232,020,000 1,429,500 3,449,500 20242,080,000 1,370,050 3,450,050 20252,160,000 1,296,075 3,456,075 20262,235,000 1,217,025 3,452,025 2027-203112,560,000 4,690,550 17,250,550 2032-203613,430,000 2,035,375 15,465,375 2037-20406,775,000 332,969 7,107,969 43,240,000$ 13,844,581$ 57,084,581$ Tax Increment Financing Bonds - Tax Increment Financing (TIF) Bonds are not general obligations, but are special limited obligations of the City. The Series 2007 Bonds, the premium, and the interest thereon are not a charge against the general credit or taxing powers of the City. The bonds are payable solely, and equally and ratably from the tax increment revenues received by the City from its Downtown Bozeman Improvement District. If the incremental revenues are insufficient to pay the principal and interest due on the TIF bonds when due, such payment shortfall shall not constitute a default under the TIF agreement. If and when the incremental revenues are sufficient, the City shall pay the amount of any shortfall to the paying agent and registrar without any penalty interest or premium thereon. Due to the uncertainty of the future tax increment receipts, future payments on the TIF bonds may vary from the summary of debt service requirements. TIF bonds outstanding at June 30, 2021, are as follows:BalanceBalanceLong-TermJune 30, 2020 Issuances Repayments June 30, 2021 Due in One Year PortionDirect placement downtown urban renewal bond, series 2020 3,420,000$ -$ (249,000)$ 3,171,000$ $ 240,000 2,931,000$ Direct placement northeast urban renewal bond, series 2017 1,313,238 - (45,583) 1,267,655 40,140 1,227,515 Midtown urban renewal bond, series 2020- 6,500,000 (175,000) 6,325,000 180,000 6,145,000 4,733,238$ 6,500,000$(469,583)$ 10,763,655$460,140$ 10,303,515$60CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 9. LONG-TERM DEBT (CONTINUED)Governmental Activities Long-Term Debt (Continued)Annual debt services requirements to maturity for the TIF bonds are as follows:Principal Interest TotalYear ending June 30,2022475,140$ 255,732$ 730,872$ 2023485,803 244,248 730,051 2024501,468 292,163 793,631 2025517,401 335,691 853,092 2026531,215 319,318 850,533 2027-20312,669,080 1,148,216 3,817,296 2032-20361,983,139 325,963 2,309,102 2037-20412,020,800 185,000 2,205,800 20421,579,609 47,365 1,626,974 10,763,655$ 3,153,696$ 13,917,351$ Special Assessment Debt - Special assessment bonds are payable from the collection of special assessments levied against benefited property owners within each special improvement district. To the extent that such special assessment collections are not sufficient to make the required debt service payments, the City is obligated to levy and collect a general property tax on all taxable property in the City to provide additional funding for the debt service payments. The cash balance in the SID Revolving Fund must equal at least 5% of the principal amount of bonds outstanding. If the cash balance is less than 5%, a levy is required to bring the cash balance to the required minimum.The City has issued various special assessment bonds with various maturities through 2040 at interest rates ranging from 2.5% to 5.75%. In addition, the City has issued two notes payable to finance special assessment projects. The following is a schedule of changes in special assessment debt:BalanceBalanceJune 30, 2020 Issuances Repayments June 30, 2021Direct borrowings:Note Payable to Department of Natural Resources and Conservation, #WRF-0506737,000$ -$ (6,000)$ 31,000$ Note Payable to Department of Natural Resources and Conservation, #SRF-05132102,500 - (26,000) 76,500 Direct placement:Special Improvement District No. 747 BondSeries 2020- 4,001,000 (160,284) 3,840,716 139,500$ 4,001,000$ (192,284)$ 3,948,216$ 461 61CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 9. LONG-TERM DEBT (CONTINUED)Governmental Activities Long-Term Debt (ContinuedAnnual debt service requirements to maturity for special assessment bonds are as follows:Note PayablePrincipal Interest TotalYear ending June 30,2022183,999$ 306,741$ 490,740$ 2023 189,799 307,056 496,855 2024 198,253 309,851 508,104 2025 164,866 270,761 435,626 2026 170,142 270,761 440,902 2027-2031 935,952 1,353,803 2,289,755 2032-3036 1,095,610 1,353,803 2,449,413 2037-2040 1,009,595 1,083,042 2,092,637 3,948,216$ 5,255,817$ 1,931,325$ Substantially all special assessment bonds mature 18 to 20 years after the date of issuance but are redeemable at the option of the City whenever cash is available in the respective funds for each issue. The City follows the policy of early redemption on these bonds. Accordingly, a schedule of future interest payments through maturity of the bonds is deemed to be not meaningful and has been excluded.Intercap Loans - The City entered in a loan agreement with the Montana Board of Investments to partially finance the reconstruction of South Eighth Avenue. This intercap loan payable had a balance outstanding at June 30, 2021, as follows:Due within Due after one year one year TotalDirect borrowings:Notes payable to Montana Board of Investments in uneven semi-annual installments including interest at variable rates, ranging from 1.00% to 3.370%:South 8th Reconstruction, matures in 2022 $ 132,026 $ 66,161 $ 198,187 Upgrade Street Lighting, matures in 2030 13,593 123,945 137,538 Sports Park-Bronken Park improvement, matures in 2029 28,326 245,526 273,852 173,945$ 435,632$ 609,577$ 62CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 9. LONG-TERM DEBT (CONTINUED)Governmental Activities Long-Term Debt (ContinuedThe debt service requirements for the intercap loan at June 30, 2021, are as follows:Principal InterestTotalYear ending June 30,2022173,945$ 4,958$ 178,903$ 2023109,245 992 110,237 202444,284 - 44,284 202545,520 - 45,520 202646,797 - 46,797 2027-2031189,786 - 189,786 609,577$ 5,950$ 615,527$ Sports Complex Loan - The City entered in a loan agreement with First Security Bank on July 1, 2018 for $1,700,000 for continued improvements to the Bozeman Sports Park, one of the projects identified for funding by the Trail and Open Space General Obligation Bond. The general terms of the loan include a 3.74% interest rate, 20-year term maturing on June 30, 2039, no origination fee, and semi-annual payments of $62,911.The Sports Park Foundation will provide the funding for the payments through their management of the Sports Park and debt agreements with the City. The City’s General Fund will take on this debt and make payments. The revenue generated at the Sports Park Foundation will offset the payment. In the event that the Foundation cannot make the debt payment, the City’s General Fund will cover the payment. 462 63CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 9. LONG-TERM DEBT (CONTINUED)Governmental Activities Long-Term Debt (Continued)The outstanding balance and debt service requirements for the sports complex loan at June 30, 2021, are as follows:Due within Due after one year one year TotalDirect borrowing:65,167$ 1,571,950$ 1,637,117$ Note payable to First Security Bank in semi-annual installments including interest at 3.74% through June of 2039Principal Interest TotalYear ending June 30,202265,167$ 60,628$ 125,795$ 202367,627 58,168 125,795 202470,104 55,691 125,795 202572,902 52,893 125,795 202675,579 50,216 125,795 2027-2031422,901 206,073 628,974 2032-2036508,961 120,014 628,975 2037-2039353,876 33,867 387,743 1,637,117$ 637,550$ 2,274,667$ Business-type Activities Long-Term DebtRevenue Bonds - The City also issues bonds where the City pledges income derived from the acquired or constructed assets to pay debt service.Water Revenue BondsWater revenue bonds outstanding at June 30, 2021, are as follows:Balance Repayments Balance Long-TermJune 30, 2020 Issuances and Settlements June 30, 2021 Due in One Year PortionDirect placements:State Revolving Fund Revenue Bond - 12247Series 2011A, serial maturities through 2032, 3% interest rate $ 6,496,000 $ - $ (481,000) $ 6,015,000 $ 496,000 5,519,000$ State Revolving Fund Revenue Bond - 13291Series 2011B, serial maturities through 2033, 3% interest rate 6,632,000 - (445,000) 6,187,000 458,000 5,729,000 State Revolving Fund Revenue Bond - 17386Series 2017, serial maturities through 2037, 2.5% interest rate 6,663,000 - (318,000) 6,345,000 326,000 6,019,000 19,791,000$ -$ (1,244,000)$ 18,547,000$ 1,280,000$ 17,267,000$ 64CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 9. LONG-TERM DEBT (CONTINUED)Business-type Activities Long-Term Debt (Continued)Water Revenue Bonds(Continued)The revenue bond ordinances specify that the City shall establish various restricted asset accounts and distribute the net revenues for the water fund to the restricted asset accounts and set user rates at levels which will generate minimum net revenues, as defined. The revenue bond ordinances specify that City management and/or the City Commission shall take corrective actions to bring the City into compliance with the revenue bond ordinances, if necessary, and that bondholders shall have the right to institute proceedings, judicial or otherwise, to enforce the covenants of the revenue bond ordinances. The City is in compliance with applicable covenants as of June 30, 2021. Water revenue bond debt service requirements to maturity are as follows:Principal InterestTotalYear ending June 30,20221,280,000$ 364,590$ 1,644,590$ 20231,318,000 338,800 1,656,800 20241,356,000 312,250 1,668,250 20251,395,000 284,930 1,679,930 20261,435,000 256,840 1,691,840 2027-20317,824,000 833,410 8,657,410 2032-20363,464,000 192,940 3,656,940 2037475,000 7,140 482,140 18,547,000$ 2,590,900$ 21,137,900$ Due within one year $ 1,280,000 Due after one year17,267,000 18,547,000$ The revenue bond ordinance specifies that the City shall establish various restricted asset accounts and distribute the net revenues for the water fund to the restricted asset accounts and set user rates at levels that will generate minimum net revenues, as defined. The revenue bond ordinances specify that City management and/or the City Commission shall take corrective actions to bring the City into compliance with the revenue bond ordinances, if necessary, and that bondholder shall have the right to institute proceedings, judicial or otherwise, to enforce the covenants of the revenue bond ordinances. The City is in compliance with applicable covenants as of June 30, 2021. 463 65CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 9. LONG-TERM DEBT (CONTINUED)Business-type Activities Long-Term Debt (Continued)Waste Water Revenue BondsWaste Water revenue bonds outstanding at June 30, 2021, are as follows:Balance Repayments Balance Long-TermInterest RateJune 30, 2020Issuances and Settlements June 30, 2021Due in One Year PortionDirect placements:Waste Water State Revolving -10252 Series 2010B, serial maturities through 2030 1.75% $ 185,000 $ - $ (18,000) $ 167,000 18,000$ 149,000$ Waste Water Reclamation Facility Revenue Bonds - 10230,Series 2010D, serial maturities through 2030 3.00% 5,275,000 - (488,000) 4,787,000 502,0004,285,000 Waste Water Reclamation Facility Revenue Bonds - 10262,Series 2010F, serial maturities through 2030 3.00% 472,000 - (41,000) 431,000 42,000389,000 Waste Water Reclamation Facility Revenue Bonds - 11291,Series 2010C, serial maturities through 2031 3.00% 585,000 - (48,000) 537,000 50,000487,000 Waste Water Reclamation Facility Revenue Bonds - 11292,Series 2010G, serial maturities through 2031 3.00% 1,793,000 - (141,000) 1,652,000 146,0001,506,000 Waste Water Reclamation Facility Revenue Bonds - 11281Series 2010H, serial maturities through 2031 3.00% 5,747,000 - (473,000) 5,274,000 488,000 4,786,000 Waste Water State Revolving - 21490Series 2020D, serial maturities through 2040 2.50% - 2,807,000 (110,000) 2,697,000 113,000 2,584,000 Waste Water State Revolving - 21487Series 2020B, serial maturities through 2040 2.50% - 7,786,000 (304,000) 7,482,000 312,000 7,170,000 Waste Water State Revolving - 21506Series 2020C, serial maturities through 2041 2.50% - 1,392,587 (137,000) 1,255,587 280,000 975,587 Waste Water State Revolving - 21486Series 2020A Davis/Norton General Obligation Bonds, Forgivable 2.50%- 300,000 - 300,000 - 300,000 14,057,000$ 12,285,587$ (1,760,000)$ 24,582,587$ 1,951,000$ 22,631,587$ 66CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 9. LONG-TERM DEBT (CONTINUED)Business-type Activities Long-Term Debt (Continued)Waste water revenue bond debt service requirements to maturity are as follows:Principal Interest TotalYear ending June 30,20221,951,000$ 652,879$ 2,603,879$ 20232,006,000 610,482 2,616,482 20242,069,000 566,848 2,635,848 20252,129,000 521,878 2,650,878 20262,188,000 475,665 2,663,665 2027-20318,818,587 1,098,487 9,917,074 2032-20362,860,000 466,518 3,326,518 2037-20412,561,000 114,980 2,675,980 24,582,587$ 4,507,737$ 29,090,324$ Due within one year $ 1,951,000 Due after one year22,631,587 24,582,587$ Stormwater Revenue BondsStormwater revenue bonds outstanding at June 30, 2021, are as follows. There has only been one draw-down from the total approved amount of $1,815,000.Balance Repayments Balance Long-TermInterest RateJune 30, 2020 Issuances and Settlements June 30, 2021Due in One Year PortionDirect placement:Stormwater System Revenue Bond, Series 2015 2.50% $ 1,442,000 $ - $ (80,000) $ 1,362,000 82,000 1,280,000$ 464 67CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 9. LONG-TERM DEBT (CONTINUED)Business-type Activities Long-Term Debt (Continued)Stormwater Revenue Bonds (Continued)Stormwater revenue bond debt service requirements to maturity are as follows:Principal Interest TotalYear ending June 30,202282,000$ 26,830$ 108,830$ 202384,000 25,180 109,180 202487,000 23,490 110,490 202589,000 21,740 110,740 202690,000 19,950 109,950 2027-2031490,000 71,410 561,410 2032-2035440,000 20,050 460,050 1,362,000$ 208,650$ 1,570,650$ Due within one year $ 82,000 Due after one year1,280,000 1,362,000$ Industrial Revenue and Private Activity Bonds The City issues tax exempt industrial revenue and private activity bonds to finance construction of facilities within the City,which it sells on installment contracts to the facilities' users. The bonds and the interest payable thereon are not obligations of the City and do not constitute or give rise to a pecuniary liability or contingent liability of the City or a charge against the general credit or taxing power of the City. The bonds are issued under and collateralized by the indentures and are payable solely from the payments to be made pursuant to the loan agreements between the City and the facilities users. The bonds are not a lien on any of the City’s properties or revenues, other than the facilities for which they were issued.To provide financial assistance for the acquisition and improvements of the building occupied by a private elementary school, the City has issued a Private Activity Revenue Bond. This bond is secured by the property financed and is payable solely from payments received on the underlying mortgage loan. Upon repayment of the bond, ownership of the acquired facility transfers to the private-sector entity served by the bond issuance. Neither the City nor any political subdivision thereof is obligated in any manner for repayment of the bond. Accordingly, the bond is not reported as a liability in the accompanying financial statements. As of June 30, 2021, the Revenue Bond outstanding had an aggregate principal amount payable of $164,419.68CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 10. CAPITAL LEASE OBLIGATIONSIn 2015, the City entered into a lease for a Vactor vacuum truck. The lease term is six years payable in annual installments of $57,810 at 3.30%. The total amount capitalized of $367,373 represents the present value of the future lease payments. The payments for this obligation are being recorded in the stormwater fund.In 2016, the City entered into a lease for a RPMTECH Snow Blower with Caterpillar. The lease term is six years payable in six annual installments of $13,933 and one payment of $6,640 at 3.20%. The total amount capitalized of $82,877 represents the present value of the future lease payments. The payments for this obligation are being recorded in the street maintenance fund.In 2018, the City entered into a lease for a printer. The lease term is five years payable in monthly installments of $157. The total amount capitalized of $8,006 represents the present value of future lease payments. The payments for this obligation are being recorded in the general fund.In 2018, the Cityentered into a lease for a 2018Toyota Prius Prime vehicle. The lease term is five years payable in monthly installments of $430at 7.04%. The total amount capitalized of $16,067 represents the present value of the future lease payments. The payments for this obligation are being recorded in the general fund.In 2018, the City entered into a lease for a 2019 Toyota Highlander. The lease term is three years payable in monthly installments of $339 at 7.04%. The total amount capitalized of $13,541 represents the present value of the future lease payments. The payments for this obligation are being recorded in the general fund.In 2018, the City entered into a lease for a used 2015 Toyota Prius vehicle. The lease term is five years payable in monthly installments of $301 at 7.04%. The total amount capitalized of $15,198 represents the present value of the future lease payments. Half of the payments for this obligation are being recorded in the water fund and half are being recorded in the street maintenance special revenue fund.In 2018, the City entered into a lease for a used 2015 Toyota Prius vehicle. The lease term is five years payable in monthly installments of $306 at 7.04%. The total amount capitalized of $15,430 represents the present value of the future lease payments. The payments for this obligation are being recorded in the water fund.In 2018, the City entered into a lease for a used 2015 Toyota Prius vehicle. The lease term is five years payable in monthly installments of $346 at 7.04%. The total amount capitalized of $20,753 represents the present value of the future lease payments. The payments for this obligation are being recorded in the public administration internal service fund.In 2018, the City entered into a lease for a used 2015 Toyota Prius vehicle. The lease term is five years payable in monthly installments of $301 at 7.04%. The total amount capitalized of $18,072 represents the present value of the future lease payments. The payments for this obligation are being recorded in the public administration internal service fund.465 69CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 10. CAPITAL LEASE OBLIGATIONS (CONTINUED)In 2018, the City entered into a lease for a 2018 motor grader with Caterpillar. The lease term is 6 years payable in five annual installments of $31,023 and one payment of $127,840 at 4.55%. The total amount capitalized of $244,531 represents the present value of the future lease payments. The payments for this obligation are being recorded in the street maintenance special revenue fund. In 2019, the City entered into a lease for a 2019 Elgin Broom Bear Street Sweeper Grader with Merchants Bank. The lease term is six years payable in five annual payments of $41,388 at 4.35%. The total amount capitalized of $223,395 represents the present value of the future lease payments. The payments for this obligation are being recorded in the street maintenance fund.In 2020, the City entered into a lease for a 2020 Toyota Prius vehicle with Toyota Financial Services. The lease term is three years payable in monthly installments of $391 with monthly interest and principal payments of $46 and $345, respectively. The total amount capitalized of $12,813 represents the present value of the future lease payments. The payments for this obligation are being recorded in the general fund.The capital lease balance outstanding at June 30, 2021, is as follows:Balance Balance June 30, 2020 Issuances Repayments June 30, 2021Direct borrowings:Governmental Activities:Snow Blower 2016 32,625 - (12,889) 19,736 Caterpillar 2018 169,920 - (23,292) 146,628 Canon Printer 2018 4,330 - (1,647) 2,683 Elgin Broom Sweeper 148,696 - (34,789) 113,907 Highlander 4,856 - (3,884) 972 Prius Sustainability 6,458 - (5,166) 1,292 Prius Streets 4,993 - (1,503) 3,490 Prius Engineering 9,990 - (3,006) 6,984 Prius Engineering 2 11,474 - (3,452) 8,022 Hybrid 2020 10,697 - (4,141) 6,556 $ 404,039 $ - $ (93,769) $ 310,270 Business-Type Activities:2015 Vactor Vacuum Truck $ 55,936 -$ $ (55,936) $ - Prius Water 4,996 - (1,503) 3,493 Prius Water Conservation 10,145 - (3,053) 7,092 $ 71,077 $ - $ (60,492) $ 10,585 70CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 10. CAPITAL LEASE OBLIGATIONS (CONTINUED)The following is a schedule, by year, of future minimum lease payments under capital leases, together with the present value of minimum lease payments at June 30, 2021:Governmental Business-Type Activities ActivitiesYear ending June 30,2022 $ 104,813 $ 5,477 2023 188,910 5,476 2024 42,390 458 2025 - - Less amount representing interest(25,843) (826) Present value of future minimum lease payments310,270$ 10,585$ The property under capital lease and the corresponding accumulated depreciation at June 30, 2021, is as follows:Governmental Business-TypeActivities ActivitiesMachinery and equipment 902,158$ 605,279$ Less: accumulated depreciation(292,486) (352,657) 609,672$ 252,622$ NOTE 11. CLASSIFICATION OF NET POSITIONIn the Government-Wide Financial Statements, net position are classified in the following categories:Net Investment in Capital Assets – This category groups all capital assets, including infrastructure in future years, into one component of net position. Accumulated depreciation and the outstanding balances of debt that are attributable to the acquisition, construction,or improvement of these assets reduce this category. Restricted Net Position – This category represents external restrictions imposed by creditors, grantors, contributors, or laws or regulations of other governments,and restrictions imposed by law through constitutional provision or enabling legislation. Net Position is presented as restricted by major purpose.Unrestricted Net Position – This category represents the net position of the City that are not restricted for any project or other purpose.466 71CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 11. CLASSIFICATION OF NET POSITION (CONTINUED)In the Fund Financial Statements, commitments and assignments segregate portions of fund balance that are either not available or have been earmarked for specific purposes. The various commitments and assignments are established by actions of the City Commission and Management and can be increased, reduced, or eliminated by similar actions. Refer to Note 25 for a further disclosure related to net position classifications. The City’s calculation of net investment in capital assets is as follows:Governmental ActivitiesBusiness-type ActivitiesNet capital assets 240,462,418$ 316,314,532$Less: capital related debt(64,707,309) (44,502,172) Plus: unspent capital related debt proceeds24,480,851 - Less: capital related retainage and accounts payables (3,304,718) - Net investment in capital assets196,931,242$ 271,812,360$NOTE 12. DEFICIT FUND BALANCESAt June 30, 2021, the following funds had deficit fund balances: TIFD South Bozeman Technology fund ($7,610), TIF Bonds fund ($1,499) and the Vehicle Maintenance Shop fund ($254,310).The deficit fund balance in the TIFD South Bozeman Technology fund is due to legal counsel costs incurred in the creation of this Tax Increment Financing District in fiscal year 2014. To-date the amount of property tax increment revenue has not been sufficient to eliminate this deficit, but increment revenue isexpected to increase in future years.The deficit fund balance in the TIF Bonds fund is due to fiscal agent fees related to the debt. The Midtown TIF fund will reimburse the debt service fund for these costs.The deficit fund balance in Vehicle Maintenance Shop fund is due to an increase in the materials and supplies and salaries and benefits expenses. The coming year will recover deficit balances from all the related shop users.72CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 13. DEFERRED COMPENSATION PLANThe City offers its employees a deferred compensation plan created in accordance with Internal Revenue Code Section 457. The plan, available to all City employees, permits them to defer a portion of their salary until future years. The deferred compensation is not available to employees until termination, retirement, death, or unforeseeable emergency. In accordance with GASB Statement No. 32, the City does not report any balances related to the deferred compensation plan, as these amounts represent neither assets nor liabilities to the City, and the plan is administered by an independent third party.NOTE 14. EMPLOYEE BENEFIT PLANSPlan Description and ProvisionsAll City of Bozeman full-time employees participate in one of three statewide, cost-sharing, multiple-employer, retirement benefit plans administered by the Public Employees Retirement Division (PERD). Contributions to the three plans are as required by State statute. Fiscal years 2021 and 2020 total payroll and covered payroll for all retirement plans were $26,039,412 and $24,693,753, respectively. Financial information for all three plans is reported in the Public Employees' Retirement Board's published Comprehensive Annual Financial Reportfor the fiscal year-end. It is available from the PERD at 100 North Park Avenue, Suite 220, P.O. Box 200131, Helena, MT 59620-0131. The authority to establish, amend, and provide cost of living adjustments to all three plans is assigned to the State legislature. The authority to establish and amend contribution rates to all three plans is also assigned to the State legislature. Aggregate Pension TotalsThe following table aggregates the amounts for all pension plans in which the City participates. PERS FURS MPORS TotalPension deferred outflows of resources 5,169,560$ 1,956,806$ 2,360,533$ 9,486,899$ Net pension liability22,483,506 3,632,981 7,311,248 33,427,735 Pension deferred inflows of resources 1,461,453 33,560 23,079 1,518,092 Pension expense4,160,601 2,298,883 3,878,270 10,337,754 Public Employees' Retirement System (PERS)In accordance with GASB Statement 68, Accounting and Financial Reporting for Pensions, employers and the non-employer contributing entity are required to recognize and report certain amounts associated with participation in the Public Employees’ Retirement System Defined Benefit Retirement Plan (the Plan). This includes the proportionate share of the collective Net Pension Liability; Pension Expense; and Deferred Outflows and Deferred Inflows of Resources associated with pensions. Employers are provided guidance in GASB Statement 68, paragraph 74, where pension amounts must be combined as a total or aggregate for reporting, whether provided through cost-sharing, single-employer, or agent plans. These disclosures provide information for employers who are using a June 30, 2020 measurement date for the 2021 reporting. 467 73CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Summary of Significant Accounting PoliciesThe Montana Public Employee Retirement Administration (MPERA) prepares its financial statements using the accrual basis of accounting. The same accrual basis was used by MPERA for the purposes of determining the Net Pension Liability (NPL); Deferred Outflows of Resources and Deferred Inflows of Resources related to pensions; Pension Expense; the Fiduciary Net Position; and, Additions to or Deductions from Fiduciary Net Position. Member contributions are recognized in the period in which contributions are due. Employer contributions are recognized when due and the employer has made a formal commitment to provide the contributions. Revenues are recognized in the accounting period they are earned and become measurable. Benefit payments and refunds are recognized in the accounting period in which they are due and payable in accordance with the benefit terms. Expenses are recognized in the period incurred. Investments are reported at fair value. MPERA adhered to all accounting principles generally accepted by the United States of America. MPERA applied all applicable pronouncements of the Governmental Accounting Standards Board (GASB). General Information about the Pension PlanPlan DescriptionThe PERS-Defined Benefit Retirement Plan (DBRP), administered by the Montana Public Employee Retirement Administration (MPERA), is a multiple-employer, cost-sharing plan established July 1, 1945, and governed by Title 19, chapters 2 & 3, Montana Code Annotated (MCA). This plan provides retirement benefits to covered employees of the State, and local governments, and certain employees of the Montana University System, and school districts. Benefits are established by state law and can only be amended by the Legislature. All new members are initially members of the PERS-DBRP and have a 12-month window during which they may choose to remain in the PERS-DBRP or join the PERS-DCRP by filing an irrevocable election. Members may not be participants of both the defined benefitanddefined contributionretirement plans. All new members from the universities also have a third option to join the university system’s Montana University System Retirement Program (MUS-RP).Public Employees' Retirement System (PERS) Benefits ProvidedThe PERS-DBRP provides retirement, disability, and death benefits to plan members and their beneficiaries. Benefits are based on eligibility, years of service, and highest average compensation (HAC). Member rights are vested after five years of service.Service RetirementHired prior to July 1, 2011:Age 60, 5 years of membership service;Age 65, regardless of membership service; orAny age, 30 years of membership service.Service Retirement (Continued)Hired on or after July 1, 2011: Age 65, 5 years of membership services;Age 70, regardless of membership service.74CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Public Employees' Retirement System (PERS) (Continued)Benefits Provided (Continued)Early RetirementEarly retirement, actuarially reduced:Hired prior to July 1, 2011: Age 50, 5 years of membership service; orAny age, 25 years of membership service.Hired on or after July 1, 2011: Age 55, 5 years of membership service.Second Retirement (requires returning to PERS-covered employer or PERS service):1. Retire before January 1, 2016 and accumulate less than 2 years additional service credit or retire on or after January 1, 2016 and accumulate less than 5 years additional service credit:a) A refund of member’s contributions plus return interest (currently 2.02% effective July 1, 2018);b) No service credit for second employment;c) Start the same benefit amount the month following termination; andd) Guaranteed Annual Benefit Adjustment (GABA) starts again in the January immediately following the second retirement.2. Retire before January 1, 2016 and accumulate at least 2 years of additional service credit;a) A recalculated retirement benefit based on provisions in effect after the initial retirement; andb) GABA starts on the recalculated benefit in the January after receiving the new benefit for 12 months.3. Retire on or after January 1, 2016 and accumulate 5 or more years of service credit;c) The same retirement as prior to the return to service;d) A second retirement benefit as prior to the second of service based on laws in effect upon the rehire date; ande) GABA starts on both benefits in January after receiving the original and new benefit for 12 months.Member’s Highest Average Compensation (HAC)Hired prior to July 1, 2011 – highest average compensation during any consecutive 36 months;Hired on or after July 1, 2011 – highest average compensation during any consecutive 60 months;Compensation CapHired on or after July 1, 2013 – 110% annual cap on compensation considered as a part of member’s highest average compensation. 468 75CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Public Employees' Retirement System (PERS) (Continued)Benefits Provided (Continued)Monthly Benefit FormulaMembers hired prior to July 1, 2011:!Less than 25 years of membership service: 1.785% of HAC per year of service credit;!25 years of membership service or more: 2% of HAC per year of service credit.Members hired on or after July 1, 2011:!Less than 10 years of membership service: 1.5% of HAC per year of service credit;!10 years or more, but less than 30 years of membership service: 1.785% of HAC per year of service credit;!30 years or more of membership service: 2% of HAC per year of service credit.Guaranteed Annual Benefit Adjustment (GABA)*After the member has completed 12 full months of retirement, the member's benefit increases by the applicable percentage (provided below) each January, inclusive of other adjustments to the member's benefit.!3% for members hired prior to July 1, 2007!1.5% for members hired between July 1, 2007 and June 30, 2013!Members hired on or after July 1, 2013: (a) 1.5% for each year PERS is funded at or above 90%; (b) 1.5% is reduced by 0.1% for each 2% PERS is funded below 90%; and (c) 0% whenever the amortization period for PERS is 40 years or more.Overview of ContributionsThe state Legislature has the authority to establish and amend contribution rates. Member and employer contribution rates are specified by Montana Statute and are a percentage of the member’s compensation. Contributions are deducted from each member’s salary and remitted by participating employers. Special Funding: The State of Montana, as the non-employer contributing entity, paid to the Plan, additional contributions that qualify as special funding. Those employers who received special fundingare all participating employers.Not Special Funding:Per Montana law, state agencies and universities paid their own additional contributions. The employer paid contributions are notaccounted for as special funding for state agencies and universities but are reported as employer contributions.76CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Public Employees' Retirement System (PERS) (Continued)Overview of Contributions (Continued)State & UniversitiesFiscal YearHired<07/01/11Hired>07/01/11Employer Employer State Employer State2021 7.900% 7.900% 8.870% 8.770% 0.100% 8.500% 0.370%2020 7.900% 7.900% 8.770% 8.670% 0.100% 8.400% 0.370%2019 7.900% 7.900% 8.670% 8.570% 0.100% 8.300% 0.370%2018 7.900% 7.900% 8.570% 8.470% 0.100% 8.200% 0.370%2017 7.900% 7.900% 8.470% 8.370% 0.100% 8.100% 0.370%2016 7.900% 7.900% 8.370% 8.270% 0.100% 8.000% 0.370%2015 7.900% 7.900% 8.270% 8.170% 0.100% 7.900% 0.370%2014 7.900% 7.900% 8.170% 8.070% 0.100% 7.800% 0.370%2012-2013 6.900% 7.900% 7.170% 7.070% 0.100% 6.800% 0.370%2010-2011 6.900% 7.170% 7.070% 0.100% 6.800% 0.370%2008-2009 6.900% 7.035% 6.935% 0.100% 6.800% 0.235%2000-2007 6.900% 6.900% 6.800% 0.100% 6.800% 0.100%Member School DistrictsLocal Government1. Member contributions to the system of 7.9% of member’s compensation are temporary and will be decreased to 6.9% on January 1 following actuary valuation results that show the amortization period has dropped below 25 years and would remain below 25 years following the reduction of both the additional employer and additional member contribution rates.2. Employer contributions to the system:a. Effective July 1, 2014, following the 2013 Legislative Session, PERS-employer contributions increase an additional 0.1% a year and will continue over 10 years through 2024. The additional employer contributions including the 0.27% added in 2007 and 2009, will terminate on January 1 following an actuary valuation that shows the amortization period of the PERS-DBRP has dropped below 25 years and remains below the 25 years following the reduction of both the additional employer and member contributions rates.b. Effective July 1, 2013, employers are required to make contributions on working retirees’ compensation. Member contributions for working retirees are not required.c. The portion of employer contributions allocated to the PCR are included in the employers reporting. The PCR was paid off effective March 2016 and the contributions previously directed to the PCR are now directed to member accounts. 469 77CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Public Employees' Retirement System (PERS) (Continued)Overview of Contributions (Continued)3. Non Employer Contributionsa. Special Fundingi. The State contributes 0.1% of members’ compensation on behalf of local government entities.ii. The State contributes 0.37% of members’ compensation on behalf of school district entities.iii. The state contributed a Statutory Appropriation from the General Fund of $33,951,000. Actuarial AssumptionsThe total pension liability (TPL) in the June 30, 2020 actuarial valuation was determined using the following actuarial assumptions. !Investment Return (net of admin expense) 7.34%!Admin expense as a % of payroll 0.30%!General Wage Growth* 3.50%*includes Inflation at 2.40%!Merit Increases 0% to 4.8%!Postretirement Benefit IncreasesGuaranteed Annual Benefit Adjustment (GABA) each January. After the member has completed 12 full months of retirement, the member’s benefit increases by the applicable percentage (provided below) each January, inclusive of other adjustments to the member’s benefit. ∀3% for members hired prior to July 1, 2007 ∀1.5% for members hired between July 1, 2007 and June 30, 2013∀Members hired on or after July 1, 2013: a) 1.5% for each year PERS is funded at or above 90%;b) 1.5% is reduced by 0.1% for each 2% PERS is funded below 90%; and c) 0% whenever the amortization period for PERS is 40 years or more.!Mortality assumptions among contributing members, service retired members and beneficiaries are based on RP-2000 Combined Employee and Annuitant Mortality Tables projected to 2020 with scale BB, males set back one year.!Mortality assumptions among disabled members are based on RP-2000 Mortality Tables with no projections. 78CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Public Employees' Retirement System (PERS) (Continued)Actuarial Assumptions (Continued)The most recent experience study, performed for the period covering fiscal years 2011 through 2016, is outlined in a report dated May 5, 2017 and can be located on the MPERA website. The long-term expected return on pension plan assets is reviewed as part of the regular experience studies prepared for the Plan. The long-term rate of return as of June 30, 2020, was calculated using the average long-term capital market assumptions published in the Survey of Capital Market Assumptions 2020 Edition by Horizon Actuarial Service, LLC, yielding a median real rate of return of 4.94%. The assumed inflation is based on the intermediate inflation of 2.4% in the 2020 OASDI Trustees Report by the Chief Actuary for Social Security to produce 75-year cost projections. Combining these two results yields a nominal return of 7.34%. Best estimates of arithmetic real rates of return for each major asset class included in the target asset allocation (78c & 78f) as of June 30, 2020, are summarized below.Long-Term Expected Target Asset Real Rate of ReturnAsset Class Allocation Arithmetic BasisCash2.00% 0.11%Domestic Equity30.00% 6.19%International Equity16.00% 6.92%Private Investments14.00% 10.37%Natural Resources4.00% 3.43%Real Estate9.00% 5.74%Core Fixed Income20.00% 1.57%Non-Core Fixed Income5.00% 3.97%Total100.00%Discount RateThe discount rate used to measure the TPL was 7.34%. The projection of cash flows used to determine the discount rate assumed that contributions from participating plan members, employers, and non-employer contributing entities would be made based on the Board’s funding policy, which established the contractually required rates under the Montana Code Annotated. The state contributed 0.10% of the salaries paid by local governments and 0.37% paid by school districts. In addition, the state contributed a statutory appropriation from the general fund. Based on those assumptions, the Plan’s fiduciary net position was projected to be adequate to make all the projected future benefit payments of current plan members through the year 2123. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the TPL. A municipal bond rate was not incorporated in the discount rate. 470 79CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Public Employees' Retirement System (PERS) (Continued)Sensitivity of the proportionate share of the net pension liability to changes in the discount rate –The following presents the employer’s sensitivity of the NPL to the discount rate in the table below. A small change in the discount rate can create a significant change in the liability. The NPL was calculated using the discount rate of 7.34%, as well as what the NPL would be if it were calculated using a discount rate 1.00% lower or 1.00% higher than the current rate.As of 1.0% Decrease Current Discount1.0% IncreaseMeasurement Dateat 6.34%Rate at 8.34%City of Bozeman Net Pension Liability$30,947,214$22,483,506$15,374,048Pension Liabilities, Pension Expense, and Deferred Outflows of Resources and Deferred Inflows of Resources Related to PensionsGASB Statement 68 allows a measurement date of up to 12 months before the employer’s fiscal year-end can be utilized to determine the Plan’s TPL. The basis for the TPL as of June 30, 2020, was determined by taking the results of the June 30, 2019, actuarial valuation and applying standard roll forward procedures. The roll forward procedure uses a calculation that adds the annual normal cost (also called the service cost), subtracts the actual benefit payments and refunds for the plan year, and then applies the expected investment rate of return for the year. The roll forward procedure will include the effects of any assumption changes and legislative changes. The update procedures are in conformity with Actuarial Standards of Practice issued by the Actuarial Standards Board. The Total Pension Liability (TPL) minus the Fiduciary Net Position equals the Net Pension Liability (NPL). The proportionate shares of the employer’s and the state of Montana’s NPL for June 30, 2021, and 2020 (reporting dates), are displayed below. The employer’s proportionate share equals the ratio of the employer’s contributions to the sum of all employer and non-employer contributions during the measurement period. The state’s proportionate share for a particular employer equals the ratio of the contributions for the particular employer to the total state contributions paid. The employer recorded a liability of $22,483,506 and the employer’s proportionate share was 0.852225 percent.As of Reporting DateNet Pension Liability as of 6/30/21Net Pension Liability as of 6/30/20Percent of Collective NPL as of 6/30/21Percent of Collective NPL as of 6/30/20Change in Percent of Collective NPLCity of Bozeman Proportionate Share $ 22,483,506 $ 18,018,039 0.8522%0.8620%-0.0098%State of Montana Proportionate Share associated with the City7,096,303 5,867,557 0.2690%0.2807%-0.0117%Total29,579,809$ 23,885,596$ 1.1212%1.1427%-0.0215%Changes in Actuarial Assumptions and Methods: The following changes in assumptions or other inputs were made that affected the measurement of the TPL:1. The discount rate was lowered from 7.65% to 7.34%2. The investment rate of return was lowered from 7.65% to 7.34%3. The inflation rate was reduced from 2.75% to 2.40%80CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Public Employees' Retirement System (PERS) (Continued)Pension Liabilities, Pension Expense, and Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions (Continued)Changes in Benefit Terms: There have been no changes in benefit terms since the previous measurement date. Changes in Proportionate Share: There were no changes between the measurement date of the collective NPL and the employer’s reporting date that are expected to have a significant effect on the employer’s proportionate share of the collective NPL.Pension ExpenseAt June 30, 2021, the employer recognized $3,000,057 for its proportionate share of the Plan’s pension expense. The employer also recognized grant revenue of $1,160,544 for the support provided by the State of Montana for its proportionate share of the pension expense associated with the employer.As of reporting datePension Expense as of 6/30/21Pension Expense as of 6/30/20City’s Proportionate Share 3,000,057$ 2,505,327$ Employer Grant Revenue - State of Montana Proportionate Share for Employer 1,160,544 398,345 Total4,160,601$ 2,903,672$ Recognition of Deferred Inflows and OutflowsAt June 30, 2021, the employer reported its proportionate share of PERS’ deferred outflows of resources and deferred inflows of resources related to PERS from the following sources:As of Reporting DateDeferred Outflows of ResourcesDeferred Inflows of ResourcesExpected v. actual experience 362,930$ 642,837$ Projected investment earnings v. actual investment earnings 1,946,871 - Changes in assumptions 1,556,897 - Changes in proportion and differences between employer contributions and proportionate share of contributions - 818,616 Employer contributions subsequent to the measurement date1,302,862 - Total5,169,560$ 1,461,453$ 471 81CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Public Employees' Retirement System (PERS) (Continued)Pension Liabilities, Pension Expense, and Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions (Continued)Recognition of Deferred Inflows and Outflows (Continued)Other amounts reported as deferred outflows and inflows of resources related to pensions will be recognized in the employer’s pension expense as follows:For the Reporting Year ended June 30:Recognition of deferred outflows and deferred inflows in future years as an increase or (decrease) to pension expense2022 69,479$ 2023 1,169,112$ 2024 680,523$ 2025 486,401$ 2026 -$ Thereafter -$ PERS Disclosure for the Defined Contribution PlanThe City contributed to the state of Montana Public Employee Retirement System Defined Contribution Retirement Plan (PERS-DCRP) for employees that have elected the DCRP. The PERS-DCRP is administered by the PERB and is reported as a multiple employer plan established July 1, 2002, and governed by Title 19, chapters 2 & 3, MCA. All new PERS members are initially members of the PERS-DBRP and have a 12-month window during which they may choose to remain in the PERS-DBRP or join the PERS-DCRP by filing an irrevocable election. Members may not be participants of both the defined benefitand defined contributionretirement plans. Member and employer contribution rates are specified by state law and are a percentage of the member’s compensation. Contributions are deducted from each member’s salary and remitted by participating employers. The state Legislature has the authority to establish and amend contribution rates. Benefits are dependent upon eligibility and individual account balances. Participants are vested immediately in their own contributions and attributable income. Participants are vested after 5 years of membership service for the employer’s contributions to individual accounts and the attributable income. Non-vested contributions are forfeited upon termination of employment per 19-3-2117(5), MCA. Such forfeitures are used to cover the administrative expenses of the PERS-DCRP. 82CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Public Employees' Retirement System (PERS) (Continued)PERS Disclosure for the Defined Contribution Plan (Continued)At the plan level for the reporting period ended June 30, 2021, the PERS-DCRP employer did not recognize any net pension liability or pension expense for the defined contributionplan. Plan level non-vested forfeitures for the 329 employers that have participants in the PERS-DCRP totaled $775,195. Pension plan fiduciary net position:The stand-alone financial statements of the Montana Public Employees Retirement Board (PERB) Annual Comprehensive Financial Report(ACFR) and the GASB 68 Report disclose the Plan’s fiduciary net position. The reports are available from the PERB at PO Box 200131, Helena, MT 59620-0131, (406) 444-3154 or both are available on the MPERA website at http://mpera.mt.gov/index.shtml. Firefighters’ Unified Retirement System (FURS)In accordance with GASB Statement 68, Accounting and Financial Reporting for Pensions, employers and the non-employer contributing entity are required to recognize and report certain amounts associated with participation in the Firefighters’ Unified Retirement System (the Plan). This includes the proportionate share of the collective Net Pension Liability; Pension Expense; and Deferred Outflows and Deferred Inflows of Resources associatedwith pensions. Employers are provided guidance in GASB Statement 68, paragraph 74, where pension amounts must be combined as a total or aggregate for reporting, whether provided through cost-sharing, single-employer, or agent pension plans. These disclosures provide information for employers who are using a June 30, 2020measurement date for the 2021 reporting.Summary of Significant Accounting PoliciesMPERA prepared financial statements using the accrual basis of accounting. The same accrual basis was used by MPERA for the purposes of determining the Net Pension Liability (NPL); Deferred Outflows of Resources and Deferred Inflows of Resources related to pensions; Pension Expense; the Fiduciary Net Position; and, Additions to or Deductions from Fiduciary Net Position. Member contributions are recognized in the period in which contributions are due.Employer contributions are recognized when due and the employer has made a formal commitment to provide the contributions. Revenues are recognized in the accounting period they are earned and become measurable. Benefit payments and refunds are recognized in the accounting period in which they are due and payable in accordance with the benefit terms. Expenses are recognized in the period incurred. Investments are reported at fair value. MPERA adhered to all accounting principles generally accepted by the United States of America. MPERA applied all applicable pronouncements of the Governmental Accounting Standards Board (GASB).General Information about the Pension PlanPlan DescriptionThe Firefighters’ Unified Retirement System (FURS), administered by the Montana Public Employee Retirement Administration (MPERA), is a multiple-employer, cost-sharing defined benefit plan established in 1981, and governed by Title 19, chapters 2 & 13, Montana Code Annotated (MCA). This plan provides retirement benefits to firefighters employed by first- and second-class cities, other cities and rural fire district departments that adopt the plan, and to firefighters hired by the Montana Air National Guard on or after October 1, 2001. Benefits are established by state law and can only be amended by the Legislature. 472 83CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Firefighters’ Unified Retirement System (FURS) (Continued)Benefits ProvidedThe FURS provides retirement, disability, and death benefits to plan members and their beneficiaries. Benefits are based on eligibility, years of service, and highest average compensation (HAC). Member rights are vested after five years of service.Service Retirement and Monthly Benefit Formula!Hired on or after July 1, 1981, or has elected to be covered by GABA:o20 years of membership serviceo2.5% of HAC x years of service credit!Hired prior to July 1, 1981, and who had not elected to be covered by GABA, the greater of above, or:oIf membership service is less than 20 years:2% of the highest monthly compensation (HMC) x years of service credit, andoIf membership service is greater or equal to 20 years:50% of HMC + 2% of HMC x years of service credit in excess of 20,!Early retirement: Age 50 with 5 years of membership service – Normal retirement benefit calculated using HAC and service credit.Second Retirement: Applies to retirement system members re-employed in a FURS position on or after July 1, 2017:!If the member works more than 480 hours in a calendar year and accumulates less than 5 years of service credit before terminating again, the member:ois not awarded service credit for the period of reemployment;ois refunded the accumulated contributions associated with the period of reemployment;ostarting the first month following termination of service, receives the same retirement benefit previously paid to the member; andodoes not accrue post-retirement benefit adjustments during the term of reemployment but receives a Guaranteed Annual Benefit Adjustment (GABA) in January immediately following second retirement.84CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Firefighters’ Unified Retirement System (FURS)Benefits Provided (Continued)Second Retirement (Continued): !If the member works more than 480 hours in a calendar year and accumulates at least 5 years of service credit before terminating again, the member:oIs awarded service credit for the period of reemployment;oStarting the first month following termination services, receives:The same retirement benefit previously paid to the member; and A second retirement benefit for the period of reemployment calculated based on the laws in effect as of the members’ rehire date, andoDoes not accrue post-retirement benefit adjustments during the term of reemployment but receives a GABA;On the initial retirement benefit in January immediately following second retirement, and On the second retirement benefit starting in January after receiving that benefit for at least 12 months.oA member who returns to covered service is not eligible for a disability benefit.Member’s Compensation Period used in Benefit Calculation!Hired prior to July 1, 1981 and not electing GABA - highest monthly compensation (HMC)!Hired after June 30, 1981 and those electing GABA – highest average compensation (HAC) during any consecutive 36 months (or shorter period of total service).!Part-time firefighter: 15% of regular compensation of a newly confirmed full-time firefighter.Compensation Cap!Hired on or after July 1, 2013 – 110% annual cap on compensation considered as part of a member’s highest average compensation.Guaranteed Annual Benefit Adjustment (GABA)!Hired on or after July 1, 1997, or those electing GABA, and has been retired for at least 12 months – the member’s benefit increases by 3.0% each January.Minimum Benefit Adjustment (non-GABA)!A member with 10 or more years of membership service who has not elected to be covered under GABA - the minimum benefit provided maynot be less than 50% of the monthly compensation paid to a newly confirmed active firefighter of the employer that last employed the member as a firefighter in the current fiscal year. ContributionsThe State Legislature has the authority to establish and amend contribution rates to the plan. Member and employer contribution rates are specified by Montana Statute and are a percentage of the member’s compensation. Contributions are deducted from each member’s salary and remitted by participating employers. 473 85CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Firefighters’ Unified Retirement System (FURS) (Continued)Special FundingMCA 19-13-604 requires the State of Montana to contribute a percentage of total compensation directly to the Plan annually after the end of each fiscal year. Member, Employer and State contribution rates are shown in the table below.Non-GABA GABA Employer State9.50% 10.70% 14.36% 32.61%7.80% 14.36% 32.61%MemberFiscal Year1998 - 20211997Actuarial AssumptionsThe total pension liability in the June 30, 2020 actuarial valuation was determined using the following actuarial assumptions:!Investment Return 7.34%!Admin expense as a % of payroll 0.13%!General Wage Growth* 3.50%*includes Inflation at 2.40%!Merit Increases 0% to 6.30%!Postretirement Benefit IncreasesoGuaranteed Annual Benefit Adjustment (GABA) each JanuaryMembers hired on or after July 1, 1997 or those electing GABA, and has been retired for at least 12 months, the member’s benefit increases by a maximum of 3% each January.oMinimum Benefit Adjustment (non-GABA)A member with 10 or more years of membership service who has not elected to be covered under GABA - the minimum benefit provided may not be less than 50% of the monthly compensation paid to a newly confirmed active firefighter of the employer that last employed the member as a firefighter in the current fiscal year. !Mortality assumptions among contributing members, service retired members and beneficiaries are based on RP-2000 Combined Employee and Annuitant Mortality Tables projected to 2020 using Scale BB, males set back 1 year.!Mortality assumptions among disabled members are based on RP-2000 Combined Mortality Tables with no projections.86CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Firefighters’ Unified Retirement System (FURS) (Continued)Actuarial Assumptions (Continued)The most recent experience study, performed for the period covering fiscal years 2011 through 2016, is outlined in a report dated May 5, 2017 and can be located on the MPERA website. The long-term expected return on pension plan assets is reviewed as part of the regular experience studies prepared for the Plan. The long-term rate of return as of June 30, 2020, was calculated using the average long term capital market assumptions published in the Survey of Capital Market Assumptions 2020 Edition by Horizon Actuarial Service, LLC, yielding a median real rate of return of 4.94%. The assumed inflation is based on the intermediate inflation of 2.4% in the 2020 OASDI Trustees Report by the Chief Actuary for Social Security to produce 75-year cost projections. Combining these two results yields a nominal return of 7.34%. Best estimates of arithmetic real rates of return for each major asset class included in the target asset allocation (78c & 78f) as of June 30, 2020, are summarized below.Long-Term Expected Target Asset Real Rate of ReturnAsset Class Allocation Arithmetic BasisCash2.00% 0.11%Domestic Equity30.00% 6.19%International Equity16.00% 6.92%Private Investments14.00% 10.37%Natural Resources4.00% 3.43%Real Estate9.00% 5.74%Core Fixed Income20.00% 1.57%Non-Core Fixed Income5.00% 3.97%Total100.00%Discount RateThe discount rate used to measure the TPL was 7.34%. The projection of cash flows used to determine the discount rate assumed that contributions from participating plan members, employers, and non-employer contributing entities would be made based on the Board’s funding policy, which established the contractually required rates under the Montana Code Annotated. The state contributed 32.61% of the salaries paid by employers. Based on those assumptions, the Plan’s fiduciary net position was projected to be adequate to make all the projected future benefit payments of current plan members through the year 2133. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the TPL. A municipal bond rate was not incorporated in the discount rate.474 87CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Firefighters' Unified Retirement System (FURS) (Continued)Sensitivity of the Proportionate Share of the Net Pension Liability to Changes in the Discount RateThe following presents the employer’s sensitivity of the NPL to the discount rate in the table below. A small change in the discount rate can create a significant change the liability. The NPL was calculated using the discount rate of 7.34%, as well as what the NPL would be if it were calculated using a discount rate 1.00% lower or 1.00% higher than the current rate. As of 1.0% DecreaseCurrent 1.0% IncreaseMeasurement Date(6.34%)Discount Rate(8.34%)City of Bozeman's Net Pension Liability$5,875,759$3,632,981$1,180,903Pension Liabilities, Pension Expense, and Deferred Outflows of Resources and Deferred Inflows of Resources Related to PensionsGASB Statement 68 allows a measurement date of up to 12 months before the employer’s fiscal year-end can be utilized to determine the Plan’s TPL. The basis for the TPL as of June 30, 2020, was determined by taking the results of the June 30, 2019, actuarial valuation and applying standard roll forward procedures. The roll forward procedure uses a calculation that adds the annual normal cost (also called the service cost), subtracts the actual benefit payments and refunds for the plan year, and then applies the expected investment rate of return for the year. The roll forward procedure will include the effects of any assumption changes and legislative changes. The update procedures are in conformity with Actuarial Standards of Practice issued by the Actuarial Standards Board.The Total Pension Liability (TPL) minus the Fiduciary Net Position equals the Net Pension Liability (NPL). The proportionate shares of the employer’s and the State of Montana’s NPL for June 30, 2021 and 2020 (reporting dates), are displayed below. The employer’s proportionate share equals the ratio of the employer’s contributions to the sum of all employer and non-employer contributions during the measurement period. Due to the existence of the special funding situation, the state is required to report a proportionate share of a local government’s collective NPL that is associated with the non-state employer. The state’s proportionate share for a particular employer equals the ratio of the contributions for the particular employer to the total state contributions paid. The employer recorded a liability of $3,632,981 and the employer’s proportionate share was 2.3217 percent.As of Reporting Date NPL as of 6/30/21 NPL as of 6/30/20Percent of Collective NPL as of 6/30/21Percent of Collective NPL as of 6/30/20Change in Percent of Collective NPLCity Proportionate Share $ 3,632,981 $ 2,518,508 2.3217% 2.1955% 0.1262%State of Montana Proportionate Share associated with Employer8,189,975 6,091,025 5.2340%5.3098%-0.0758%Total11,822,956$ 8,609,533$ 7.5557%7.5053%0.0504%88CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Firefighters' Unified Retirement System (FURS) (Continued)Pension Liabilities, Pension Expense, and Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions (Continued)Changes in Actuarial Assumptions and Methods: The following changes in assumptions or other inputs were made that affected the measurement of the TPL:1. The discount rate was lowered from 7.65% to 7.34%2. The investment rate of return was lowered from 7.65% to 7.34%3. The inflation rate was reduced from 2.75% to 2.40%Changes in Benefit Terms: There have been no changes in benefit terms since the previous measurement date.Changes in Proportionate Share: There were no changes between the measurement date of the collective NPL and the employer’s reporting date that are expected to have a significant effect on the employer’s proportionate share of the collective NPL.Pension ExpenseAt June 30, 2021 reporting date, the employer recognized its proportionate share of the FURS’ pension expense of $704,126. The employer also recognized grant revenue of $1,594,757 for the support provided by the State of Montana for the proportionate share of the pension expense that is associated with the employer. As of reporting datePension Expense as of 6/30/21 Pension Expense as of 6/30/20City’s Proportionate Share704,126$ 495,696$ Employer Grant Revenue - State of Montana Proportionate Share for Employer1,594,757 1,268,918 Total2,298,883$ 1,764,614$ 475 89CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Firefighters' Unified Retirement System (FURS) (Continued)Pension Liabilities, Pension Expense, and Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions (Continued)Recognition of Deferred Inflows and OutflowsAt June 30, 2021, the employer reported its proportionate share of the Plan’s deferred outflows of resources and deferred inflows of resources from the following sources: Deferred Outflows of Resources Deferred Inflows of ResourcesExpected v. actual experience247,267$ 18,911$ Projected investment earnings v. actual investment earnings466,405$ -$ Changes in assumptions645,373$ -$ Changes in proportion and differences between employer contributions and proportionate share of contributions-$ 14,649$ Employer contributions subsequent to the measurement date597,763$ -$ Total1,956,808$ 33,560$ Other amounts reported as deferred outflows and inflows of resources related to pensions will be recognized in Pension Expense as follows:For the Reporting Year ended June 30:Recognition of deferred outflows and deferred inflows in future years as an increase or (decrease) to pension expense2022265,442$ 2023343,919$ 2024296,413$ 2025191,710$ Thereafter228,004$ Pension Plan Fiduciary Net Position:The stand-alone financial statements of the Montana Public Employees Retirement Board (PERB) Annual Comprehensive Financial Report (ACFR) and the GASB 68 Report disclose the Plan’s fiduciary net position. The reports are available from the PERB at PO Box 200131, Helena, MT 59620-0131, (406) 444-3154 or both are available on the MPERA website at http://mpera.mt.gov/index.shtml.Municipal Police Officers’ Retirement System (MPORS)In accordance with GASB Statement 68, Accounting and Financial Reporting for Pensions, employers and the non-employer contributing entity are required to recognize and report certain amounts associated with participation in the Municipal Police Officers’ Retirement System (the Plan). This includes the proportionate share of the collective Net Pension Liability; Pension Expense; and Deferred Outflows and Deferred Inflows of Resources associated with pensions. Employers are provided guidance in GASB Statement 68, paragraph 74, where pension amounts must be combined as a total or aggregate for reporting. Whether provided through cost-sharing, single-employer, or agent plans. This report provides information for employers who are using a June 30, 2020 measurement date for the 2021 reporting.90CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Firefighters' Unified Retirement System (FURS) (Continued)Summary of Significant Accounting PoliciesMPERA prepared financial statements using the accrual basis of accounting. The same accrual basis was used by MPERA for the purposes of determining the Net Pension Liability (NPL); Deferred Outflows of Resources and Deferred Inflows of Resources related to pensions; Pension Expense; the Fiduciary Net Position; and, Additions to or Deductions from Fiduciary Net Position. Member contributions are recognized in the period in which contributions are due. Employer contributions are recognized when due and the employer has made a formal commitment to provide the contributions. Revenues are recognized in the accounting period they are earned and become measurable. Benefit payments and refunds are recognized in the accounting period in which they are due and payable in accordance with the benefit terms. Expenses are recognized in the period incurred. Investments are reported at fair value. MPERA adhered toall accounting principles generally accepted by the United States of America. MPERA applied all applicable pronouncements of the Governmental Accounting Standards Board (GASB).General Information about the Pension PlanMunicipal Police Officers’ Retirement System (MPORS)Plan DescriptionThe Municipal Police Officers’ Retirement System (MPORS), administered by the Montana Public Employee Retirement Administration (MPERA), is a multiple-employer, cost-sharing defined benefit plan established in 1974 and governed by Title 19, chapters 2 & 9, Montana Code Annotated (MCA). This plan provides retirement benefits to all municipal police officers employed by first- and second-class cities and other cities that adopt the plan. Benefits are established by state law and can only be amended by the Legislature. Deferred Retirement Option Plan(DROP): Beginning July 2002, eligible members of MPORS can participate in the DROP by filing a one-time irrevocable election with the Board. The DROP is governed by Title 19, Chapter 9, Part 12, MCA. A member must have completed at least twenty years of membership service to be eligible. They may elect to participate in the DROP for a minimum of one month and a maximum of 60 months and may only participate in the DROP once. A participant remains a member of the MPORS, but will not receive membership service or service credit in the system for the duration of the member’s DROP period. During participation in the DROP, all mandatory contributions continue to the retirement system. A monthly benefit is calculated based on salary and years of service to date as of the beginning of the DROP period. The monthly benefit is paid into the member’s DROP account until the end of the DROP period. At the end of the DROP period, the participant may receive the balance of the DROP account in a lump-sum payment or in a direct rollover to another eligible plan, as allowed by the IRS. If the participant continues employment after the DROP period ends, they will again accrue membership service and service credit. The DROP account cannot be distributed until employment is formally terminated.476 91CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Municipal Police Officers’ Retirement System (MPORS) (Continued)Benefits ProvidedMPORS provides retirement, disability, and death benefits to plan members and their beneficiaries. Benefits are based on eligibility, years of service, and compensation. Member rights are vested after five years of service.Service Retirement and Monthly Benefit Formula:!20 years of membership service, regardless of age!Age 50 with 5 years of membership service (Early Retirement)!2.5% of FAC x years of service creditSecond Retirement: Re-calculated using specific criteria for members who return to covered MPORS employment prior to July 1, 2017: •Less than 20 years of membership service, upon re-employment, repay benefits and subsequent retirement is based on total MPORS service. •More than 20 years of membership service, upon re-employment, receives initial benefit and a new retirement benefit based on additional service credit and FAC after re-employment.Applies to retirement system members re-employed in a MPORS position on or after July 1, 2017:1) If the member works more than 480 hours in a calendar year and accumulates less than 5 years of service credit before terminating again, the member:a. Is not awarded service credit for the period of reemployment;b. Is refunded the accumulated contributions associated with the period of reemployment;Starting the first month following termination of service, receives the same retirement benefit previously paid to the member; andc. Does not accrue post-retirement benefit adjustments during the term of reemployment but receives a Guaranteed Annual Benefit Adjustment (GABA) in January immediately following second retirement.2) If the member works more than 480 hours in a calendar year and accumulates at least 5 years of service credit before terminating again, the member:a. Is awarded service credit for the period of reemployment;b. Starting the first month following termination of service, receives:i. The same retirement benefit previously paid to the member, andii. A second retirement benefit for the period of reemployment calculated based on the laws in effect as of the member’s rehire date; and92CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Municipal Police Officers’ Retirement System (MPORS) (Continued)Second Retirement (Continued): c. Does not accrue post-retirement benefit adjustments during the term of reemployment but receives a GABA:i. On the initial retirement benefit in January immediately following second retirement, andii. On the second retirement benefit starting in January after receiving that benefit for at least 12 months.3) A member who returns to covered service is not eligible for a disability benefit.Member’s Final Average Compensation (FAC)Hired prior to July 1, 1977 - average monthly compensation of final year of service;Hired on or after July 1, 1977 – final average compensation (FAC) for last consecutive 36 months.Compensation CapHired on or after July 1, 2013 – 110% annual cap on compensation considered as part of a member’s highest FAC.Guaranteed Annual Benefit Adjustment (GABA)Hired on or after July 1, 1997, or those electing GABA, and has been retired for at least 12 months, a GABA will be made each year in January equal to 3.0%.Minimum Benefit Adjustment (non-GABA)The minimum benefit provided may not be less than 50% of the compensation paid to a newly confirmed police officer of the employer that last employed the member as a police officer in the current fiscal year. ContributionsThe State Legislature has the authority to establish and amend contribution rates to the plan. Member and employer contribution rates are specified by Montana Statute and are a percentage of the member’s compensation. Contributions are deducted from each member’s salary and remitted by participating employers. Special FundingMCA 19-9-702 requires the State of Montana to contribute a percentage of total compensation directly to the Plan annually after the end of each fiscal year. Member, Employer and State contribution rates are shown in the table below. Fiscal Year Hired <7/1/75 Hired >6/30/75 Hired >6/30/79Hired >6/30/97 GABAEmployer State2000-2021 5.800% 7.000% 8.500% 9.000% 14.410% 29.370%1998-1999 7.800% 9.000% 10.500% 11.000% 14.410% 29.370%1997 7.800% 9.000% 10.500% 14.360% 29.370%Member477 93CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Municipal Police Officers’ Retirement System (MPORS) (Continued)Actuarial AssumptionsThe total pension liability in the June 30, 2020 actuarial valuation was determined using the following actuarial assumptions. !Investment Return (net of admin expense) 7.34%!Admin Expense as % of Payroll 0.15%!General Wage Growth*3.50% *includes Inflation at 2.40%!Merit Increases0% to 6.60%!Postretirement Benefit Increasesi.Guaranteed Annual Benefit Adjustment (GABA) each JanuaryHired on or after July 1, 1997, or those electing GABA, and has been retired for at least 12 months, a GABA will be made each year in January equal to 3%.ii.Minimum Benefit Adjustment (non-GABA)Benefit for a retired member or member’s survivor and member did not elect GABA - The minimum benefit provided may not be less than 50% of the compensation paid to a newly confirmed police officer of the employer that last employed the member as a police officer in the current fiscal year. !Mortality assumptions among contributing members, service retired members and beneficiaries were based on RP-2000 Combined Employee and Annuitant Mortality Tables projected to 2020 using scale BB, set back one year for males.!Mortality assumptions among Disabled Retirees were based on RP-2000 Combined Mortality Tables with no projects.The most recent experience study, performed for the period covering fiscal years 2011 through 2016, is outlined in a report dated May 5, 2017 and can be located on the MPERA website. The long-term expected return on pension plan assets is reviewed as part of the regular experience studies prepared for the Plan. The long-term rate of return as of June 30, 2020, was calculated using the average long-term capital market assumptions published in the Survey of Capital Market Assumptions 2020 Edition by Horizon Actuarial Service, LLC, yielding a median real rate of return of 4.94%. The assumed inflation is based on the intermediate inflation of 2.4% in the 2020 OASDI Trustees Report by the Chief Actuary for Social Security to produce 75-year cost projections. Combining these two results yields a nominal return of 7.34%. Best estimates of arithmetic real rates of return for each major asset class included in the target asset allocation (78c & 78f) as of June 30, 2020, are summarized on the following page.94CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Municipal Police Officers' Retirement System (MPORS) (Continued)Actuarial Assumptions (Continued)Long-Term Expected Target Asset Real Rate of ReturnAsset Class Allocation Arithmetic BasisCash2.00% 0.11%Domestic Equity30.00% 6.19%International Equity16.00% 6.92%Private Investments14.00% 10.37%Natural Resources4.00% 3.43%Real Estate9.00% 5.74%Core Fixed Income20.00% 1.57%Non-Core Fixed Income5.00% 3.97%Total100.00%Discount RateThe discount rate used to measure the TPL was 7.34%. The projection of cash flows used to determine the discount rate assumed that contributions from participating plan members, employers, and non-employer contributing entities would be made based on the Board’s funding policy, which established the contractually required rates under the Montana Code Annotated. The state contributed 29.37% of the salaries paid by employers. Based on those assumptions, the Plan’s fiduciary net position was projected to be adequate to make all the projected future benefit payments of current plan members through the year 2134. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the TPL. A municipal bond rate was not incorporated in the discount rate.Sensitivity of the proportionate share of the net pension liability to changes in the discount rateThe following presents the employer’s sensitivity of the NPL to the discount rate in the table below. A small change in the discount rate can create a significant change in the liability. The NPL was calculated using the discount rate of 7.34%, as well as what the NPL would be if it were calculated using a discount rate 1.00% lower or 1.00% higher than the current rate. As of 1.0% DecreaseCurrent 1.0% IncreaseMeasurement Date(6.34%)Discount Rate(8.34%)City of Bozeman's Net Pension Liability$10,422,645$7,311,248$4,826,065478 95CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Municipal Police Officers' Retirement System (MPORS) (Continued)Pension Liabilities, Pension Expense, and Deferred Outflows of Resources and Deferred Inflows of Resources Related to PensionsGASB Statement 68 allows a measurement date of up to 12 months before the employer’s fiscal year-end can be utilized to determine the Plan’s TPL. The basis for the TPL as of June 30, 2020, was determined by taking the results of the June 30, 2019, actuarial valuation and applying standard roll forward procedures. The roll forward procedure uses a calculation that adds the annual normal cost (also called the service cost), subtracts the actual benefit payments and refunds for the plan year, and then applies the expected investment rate of return for the year. The roll forward procedure will include the effects of any assumption changes and legislative changes. The update procedures are in conformity with Actuarial Standards of Practice issued by the Actuarial Standards Board.The Total Pension Liability (TPL) minus the Fiduciary Net Position equals the Net Pension Liability (NPL). The proportionate shares of the employer’s and the State of Montana’s NPL for June 30, 2021 and 2020 (reporting dates), are displayed below. The employer’s proportionate share equals the ratio of the employer’s contributions to the sum of all employer and non-employer contributions during the measurement period. Due to the existence of the special funding situation, the state is required to report a proportionate share of a local government’s collective NPL that is associated with the non-state employer.The state’s proportionate share for a particular employer equals the ratio of the contributions for the particular employer to the total state contributions paid. The employer recorded a liability of $7,311,248 and the employer’s proportionate share was 2.9892 percent. As of Reporting Date NPL as of 6/30/2021 NPL as of 6/30/2020Percent of Collective NPL as of 6/30/2021Percent of Collective NPL as of 6/30/2020Change in Percent of Collective NPLCity Proportionate Share7,311,248$ 5,712,381$ 2.9892% 2.8699% 0.1193%State of Montana Proportionate Share associated with Employer14,746,046$ 11,632,402$ 6.0290% 5.8441% 0.1849%Total22,057,294$ 17,344,783$ 9.0182% 8.7140% 0.3042%Changes in Actuarial Assumptions and Methods The following changes in assumptions or other inputs were made that affected the measurement of the TPL:1. The discount rate was lowered from 7.65% to 7.34%2. The investment rate of return was lowered from 7.65% to 7.34%3. The inflation rate was reduced from 2.75% to 2.40%Changes in Benefit Terms There have been no changes in benefit terms since the previous measurement date. 96CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Municipal Police Officers' Retirement System (MPORS) (Continued)Pension Liabilities, Pension Expense, and Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions (Continued)Changes in Proportionate Share There were no changes between the measurement date of the collective NPL and the employer’s reporting date that are expected to have a significant effect on the employer’s proportionate share of the collective NPL.Pension ExpenseAt June 30, 2021 reporting date, the employer recognized its proportionate share of the Plan’s pension expense of $1,271,558. The employer also recognized grant revenue of $2,606,712 for the support provided by the State of Montana for the proportionate share of the pension expense that is associated with the employer. As of reporting datePension Expense as of 6/30/21Pension Expense as of 6/30/20City's Proportionate Share 1,271,558$ 854,376$ State of Montana Proportionate Share associated with the City 2,606,712 1,393,465 Total3,878,270$ 2,247,841$ Recognition of Deferred Inflows and OutflowsAt June 30, 2021, the employer reported its proportionate share of MPORS' deferred outflows of resources and deferred inflows of resources related to MPORS from the following sources:As of reporting dateDeferred Outflows of ResourcesDeferred Inflows of ResourcesExpected v. actual experience 350,445$ 23,079$ Projected investment earnings v. actual investment earnings 568,571 - Changes in assumptions 621,310 - Changes in proportion and differences between employer contributions and proportionate share of contributions 57,924 - Employer contributions subsequent to the measurement date762,283 - Total2,360,533$ 23,079$ 479 97CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 14. EMPLOYEE BENEFIT PLANS (CONTINUED)Municipal Police Officers' Retirement System (MPORS) (Continued)Pension Liabilities, Pension Expense, and Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions (Continued)Recognition of Deferred Inflows and Outflows (Continued)Other amounts reported as deferred outflows and inflows of resources related to pensions will be recognized in Pension Expense as follows:For the Reporting Year ended June 30:Recognition of deferred outflows and deferred inflows in future years as an increase or (decrease) to pension expense2022 442,636$ 2023 562,472$ 2024 438,691$ 2025 131,373$ Thereafter -$ Pension Plan Fiduciary Net PositionThe stand-alone financial statements (76d) of the Montana Public Employees Retirement Board (PERB) Annual Comprehensive Financial Report (ACFR) and the GASB 68 Report disclose the Plan’s fiduciary net position. The reports are available from the PERB at PO Box 200131, Helena, MT 59620-0131, (406) 444-3154 or both are available on the MPERA website at http://mpera.mt.gov/index.shtml. NOTE 15. POST-EMPLOYMENT BENEFITS OTHER THAN PENSIONSIn addition to providing a deferred compensation plan, the City provides other post-employment benefits (OPEB) allowing its retired employees to continue their medical, dental, and vision care coverage through the City's group health plan until death (Retiree Health Plan). The single-employer defined benefit post-employment health care plan allows retirees to participate, as a group, at a rate that does not cover all of the related costs. This results in the reporting of an implied rate subsidy in the financial statements and footnotes. The City's contract with Allegiance Benefits details the plan eligibility. MMIA is the administrator of the plan, which covers both active and retired members. In accordance with MCA 2-18-704, the City’s retirees may continue coverage for themselves and their covered eligible dependents, if they are eligible for public employees' retirement by virtue of their employment with the City of Bozeman. The City's current labor contracts do not include any obligations for payments to retirees. The City also allows terminated employees to continue their health care coverage for 18 months past the date of termination as required by the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). OPEB is recorded on an accrual basis for all enterprise and internal service funds. OPEB is recorded on a modified accrual basis for the governmental funds. Plan contributions are recognized in the period in which the contributions are made. Benefits and refunds are recognized when due and payable in accordance with the terms of the plan. No assets are accumulated in a trust that meets the criteria in paragraph 4 of Statement 75.98CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 15. POST-EMPLOYMENT BENEFITS OTHER THAN PENSIONS (CONTINUED)Funding Policy The plan is unfunded by the City and plan members receiving benefits contribute 100 percent of their cost of the benefits on a pay-as-you-go basis. The City plan’s administratively established retiree medical, dental, and vision premiums vary between $41 and $2,249 per month depending on the medical plan selected, family coverage, and Medicare eligibility. The plan provides different coinsurance amounts depending on whether members use preferred, non-preferred, or other hospitals. Depending on the plan, for a single individual, after an annual deductible of $500 to $2,800 for non-Medicare-eligible retirees, the plan reimburses 60% to 80% of allowed charges after deductible and up to the out-of-pocket maximum, and then 100%. Depending on the plan, for a family, after an annual deductible of $1,000 to $5,600 for non-Medicare-eligible retirees, the plan reimburses 60% to 80% of allowed charges after deductible and up to the out-of-pocket maximum, and then 100%. Employees Covered by Benefit Terms At June 30, 2021, the following employees were covered by the benefit terms:Category CountActive employees462Inactive employees or beneficiaries currently receiving benefit payments 32 Total494ContributionsBenefit contributions are paid by the City as they come due.Total OPEB Liability (TOL) The City’s total OPEB liability of $4,335,188 was measured as of June 30, 2020, and was determined by an actuarial valuation as of that date. Changes in the TOL for the year ended June 30, 2021 are as follows:Service cost218,391$ Interest on OPEB obligation105,950 Difference between expected & actual expense(8,615) Benefits paid(119,793) Changes in assumptions1,270,632 Changes in OPEB obligation1,466,565 OPEB obligation - beginning of year2,868,623 OPEB obligation - end of year4,335,188$ 480 99CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 15. POST-EMPLOYMENT BENEFITS OTHER THAN PENSIONS (CONTINUED)Total OPEB Liability (TOL) (Continued)There is sensitivity of the TOL to changes in the discount rate. The TOL of the City as well as what the City’s TOL would be if it were calculated using a discount rate that is one percentage point lower (1.21%) or one percentage point higher (3.21%) follows:1% Decrease Discount Rate 1% Increase(1.21%) (2.21%) (3.21%)Total OPEB liability 4,858,376$ 4,335,188$ 3,873,361$ There is also sensitivity of the TOL to changes in the healthcare cost rates. The TOL of the City as well as what the City’s TOL would be if it were recalculated using healthcare cost trend rates that are one percentage point lower (6.5%) or one percentage point higher (8.5%) than the current healthcare cost trend rate follows:1% Decrease Discount Rate 1% Increase(6.5%) (7.5%) (8.5%)Total OPEB liability 3,757,755$ 4,335,188$ 5,032,260$ For the year ended June 30, 2021, the City recognized an OPEB expense of $452,200. At June 30 2021, the City reported deferred outflows of resources and deferred inflows of resources related to OPEB from the following sources:Deferred DeferredOutflows of Inflows ofResources ResourcesChanges of assumptions 1,249,705$ (726,411)$ Total 1,249,705$ (726,411)$ Amounts reported as deferred outflows of resources and deferred inflows of resources related to OPEB will be recognized in OPEB expense as follows:2022127,859$ 2023127,859 2024127,859 2025127,861 2026167,339 Thereafter(155,483) Total523,294$ Year Ended June 30:100CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 15. POST-EMPLOYMENT BENEFITS OTHER THAN PENSIONS (CONTINUED)The June 30, 2021, year-end OPEB cost is reported in the City’s funds as follows:Functions/ProgramsExpensesPRIMARY GOVERNMENTGovernmental activities:General government262,009$ Public safety447,457 Public service71,797 Public welfare313,050 Total governmental activities1,094,313 Business-type activities:Water88,641 Waste water78,092 Solid waste69,415 Parking15,312 Storm water20,416 Total business-type activities271,876 Total primary government1,366,189$ Actuarial Methods and AssumptionsThe City’s actuarial valuation is completed on a biennial frequency, provided no significant events have occurred warranting new measurement. The City completed the valuation for fiscal year 2020, with an estimate provided for fiscal year 2021. For fiscal year 2021, an estimated valuation was derived based on the 2020 actual costs and participants. As a result of this biennial valuation, we have marked the fields as “n/a” where actual financial data was not used to generate the estimate. As of July 1, 2020, the most recent valuation date, the City’s total OPEB liability was determined using the following actuarial assumptions:The following key assumptions were chosen by the City:1. Discount Rate: 2.21 % for determining fiscal 2021 disclosure and estimated fiscal 2021 expense; 3.50% for determining fiscal 2020 liability and fiscal 2020 expense.2. Inflation Rate: 2.5% long-term.3. Expected Real Rate of Return on Assets: N/A. 481 101CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 15. POST-EMPLOYMENT BENEFITS OTHER THAN PENSIONS (CONTINUED)Actuarial Methods and Assumptions (Continued)4. Health Care Claim and Contribution Trend Rates: Updated from 7.5% initial in fiscal 2021 and 4.5% ultimate in fiscal 2041. 5. Average Salary Increase: 1.50%6. Retirement Rates: Based on actuarial valuation for statewide retirement systems as of June 30, 20207. Retiree Participation Rate: 35%8. Lapse Rate: 15% per year9. Marriage Assumption: For future retirees, 60% of participants are assumed to be married, with husbands 3 years older than wivesThe discount rate was based on a yield or index rate for a 20-year, tax-exempt, general obligation municipal bond with an average rating of AA/Aa or higher.Rates were taken from the Bond Buyer 20-Bond GO index as of the measurement date.Mortality rates were based on the Pub-2010 Public Retirement Plan Public Safety mortality table projected generationally with Scale MP-2020 for MPORS and FURS (Police and Fire, respectively_ and Pub-2010 Public Retirement Plans General mortality table projected generationally with Scale MP-2020 for PERS (all other employees).The medical trend rate table was reset in fiscal 2021.Projections of the sharing of benefit-related costs for financial reporting purposes are based on an established pattern of practice. This report constitutes the only analysis and presentation of the City’s post-employment benefit plan. There is no separate, audited GAAP-basis post-employment benefit plan report.NOTE 16. JOINT VENTURE AGREEMENTSJoint ventures are legal entities or other organizations that result in a contractual arrangement and that are owned, operated, or governed by two or more participants. Each participant retains both an ongoing financial interest and an ongoing financial responsibility. As of June 30, 2021, the City has entered into joint venture contractual arrangements, as described on the following page.911 Communication CenterThe City and Gallatin County, Montana (the County) have entered into an inter-local agreement for the purposes of establishment of the operation and financing of a 911 communication services division (the Division) for dispatch and records services, to define the relationship of the Administrative Board with the City and County, and to establish the line of authority for personnel furnishing the communication services to the City and County and others who may contract for the services. 102CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 16. JOINT VENTURE AGREEMENTS (CONTINUED)City-County Drug ForfeituresThe City and County have entered into an inter-local agreement for the purposes of establishment of a joint drug forfeiture account funded from drug related forfeitures, seizures, and prosecutions of City and County law enforcement cases and to establish an equitable means of distributing those funds to continue drug interdiction activities. The goal of the agreement is to make the City and County Drug Enforcement operations less reliant on the general and public safety fund monies of the City and County. The original term of the agreement was for a period of one year, beginning September 20, 2004 and automatically renews for a period of one year until terminated by either party with written notice of intent to terminate. Financial information regarding the joint drug forfeiture account can be obtained by contacting the City of Bozeman Department of Finance, 411 East Main Street, Bozeman, MT 59715. The County and City have entered into various other joint venture contractual arrangements, memorandums of understanding and inter-local agreements to support the following programs and/or operations: Victim Witness, Hazardous Materials, Solid Waste (Disposal and Convenient Site), Fire Warden/Chief, Evidence Technician, Library Services, Board of Health, and rental of the Law and Justice Center. The financial interests are not material.Montana Municipal Interlocal AuthorityThe City and Montana Municipal Interlocal Authority (MMIA) have entered into a 20-year agreement in December 2012 to share up to $1 million in profits from the sale of city-owned property known as the Mandeville Farm. The agreement came about as part of a settlement on legal claims from the City of Bozeman vs. MMIA litigation. A “profit” shall occur only when the City has recovered its total investment in the property, which includes the original purchase price together with all “costs of development” as defined in the settlement agreement.NOTE 17. RESTRICTED NET POSITIONAt June 30, 2021, the balances of restricted net position for business-type activities are as follows: Waste Water Nonmajor Water Fund Fund Enterprise TotalRestricted by revenue bond covenants:For bond reserve 898,929$ 2,168,222$ 58,288$ 3,125,439$ Restricted by ordinance:Cash in lieu of parking - - 130,316 130,316 Cash in lieu of infrastructure 516,199 - - 516,199 Drought reserve 362,581 - - 362,581 Impact fees 7,472,892 3,232,169 - 10,705,061 9,250,601$ 5,400,391$ 188,604$ 14,839,596$Business-Type Activities482 103CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 18. INTERFUND TRANSFERS AND ASSETS/LIABILITIES A summary of interfund transfers reported in the fund financial statements for the year ended June 30, 2021, follows:American NonmajorGeneral FundRescue Plan Act GovernmentalWater TotalGeneral Fund-$ 388,469$ 2,340,178$ -$ 2,728,647$ American Rescue Plan Act- - - - - SID Debt Service- - - - - Capital projects103,009 - 1,003,511 - 1,106,520 Nonmajor Governmental 44,000 198,661 1,898,572 - 2,141,233 Water Enterprise- - - 600,000 600,000 Waste Water Enterprise- - - - - Nonmajor Enterprise410,000 124,921 - - 534,921 Total 557,009$ 712,051$ 5,242,261$ 600,000$ 7,111,321$ Governmental FundsTransfers From Transfers ToProprietary Transfers are used to (1) move revenues from the fund that statute or budgets requires to collect them to the fund that statute or budgets require to expend them, (2) use unrestricted revenues collected in the general fund to finance various programs accounted for in other funds in accordance with budgetary authorizations, and (3) to transfer non-restricted interest income from the permanent fund to the general fund.104CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 18. INTERFUND TRANSFERS AND ASSETS/LIABILITIES (CONTINUED) A summary of advances and due from/to other funds at June 30, 2021, is as follows:Advances to Advances from other City funds other City fundsMajor Fund:SID Sinking Debt Service -$ 1,045,398$ Non-major Governmental Fund:SID Revolving Debt Service1,045,398 - 1,045,398$ 1,045,398$ Due from Due to other City funds other City fundsMajor Funds:General fund 990,414$ -$ Non-major Governmental Funds:TIFD South Bozeman Technology - 7,626 G.O. Bonds Debt Service Fund - 348,505 TIF Bonds - 1,499 Internal Service Fund:Vehicle Maintenance - 591,578 Medical Health Insurance - 41,206 990,414$ 990,414$ Interfund balances reported as due from or due to other funds are usually a result of transfers for reporting purposes to cover negative cash balances within a fund. These transfers are reversed as cash becomes available in a fund where cash previously had been in a deficit.NOTE 19. RISK MANAGEMENTThe City faces a considerable number of risks of loss, including a) damage to and loss of property and contents, b) employee torts, c) professional liability (i.e. errors and omissions), d) environmental damage, e) workers' compensation (i.e. employee injuries), and f) medical insurance cost of employees. A variety of methods are used to provide insurance for these risks. Commercial policies, transferring all risks of loss except for small deductible amounts, are purchased for property and content damage and professional liabilities. The City participates in two state-wide public risk pools operated by the Montana Municipal Interlocal Authority (MMIA), for workers' compensation and for tort liability. Employee medical insurance is provided through a cost-sharing multiple-employer defined benefit plan administered by MMIA. The plan offers health, dental and vision benefits and flexible spending and health savings accounts. Given the lack of coverage available, the City has no coverage for potential losses from environmental damages.483 105CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 19. RISK MANAGEMENT (CONTINUED)Commercial PoliciesCoverage limits and the deductibles on the commercial policies have stayed relatively constant for the last several years. The premiums for the policies are allocated between the City's Enterprise Funds and the General Fund. Premiums are subsidized through a special purpose property tax levy, based on total appropriations. Settled claims resulting from these risks did not exceed commercial insurance coverage during the three years ended June 30, 2021, 2020, and 2019.Public Entity Risk PoolsIn 1986, the City joined together with other Montana cities to form the Montana Municipal Interlocal Authority, which established a workers' compensation planand a tort liability plan. Both public entity risk pools currently operate as common risk management and insurance programs for the member governments. The liability limits for damages in tort action are $750,000 per claim and $1.5 million per occurrence, and $12.5 million per occurrence for any claim that is not subject to the limitations on governmental liability, as described in Montana Code Annotated Section 2-9-108 (the Statute) or any successor statute, either as matter of law, by operation of the Statute, or by a judicial determination that the Statute is inapplicable or is otherwise invalid, with $11,250 deductible per occurrence. State tort law limits the City's liability to $1.5 million. The City pays premiums for its employee injury insurance coverage, which is allocated to the employer funds based on total salaries and wages. The agreements for formation of the pools provide that they will be self-sustaining through member premiums. The tort liability plan and workers' compensation program issued debt of $4.41 million and $6.155 million, respectively, to immediately finance the necessary insurance reserves. All members signed a contingent note for a pro rata share of this liability in case operating revenues were insufficient to cover the debt service; the debt was retired in 2011.The City also owns a policy with MMIA for loss or damage to property. This is an all-risk policy, essentially all property owned by the City being insured for 100% of replacement cost, subject to a $5,000 deductible per occurrence. MMIA reinsures their property insurance with a national municipal pool, Public Entities’ Property Insurance.NOTE 20. CONTINGENCIES The City is involved with several lawsuits, which arise out of the normal course of operations by the City. Management of the City intends to vigorously defend each claim and believes no material losses will be incurred on such claims. NOTE 21. SOLID WASTE LANDFILL CLOSURE AND POST-CLOSURE CARE COSTSThe City has a municipal solid waste landfill. State and Federal laws and regulations require the City to place a final cover on its landfill site when it stops accepting waste and to perform certain maintenance and monitoring functions at the site for 30 years after final closure. The City stopped accepting waste effective June 30, 2008. The final capping of the cells is still pending. The City has accrued a liability for $1,485,805, which is its estimate of future landfill closure and post-closure care costs as of June 30, 2021. 106CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 21. SOLID WASTE LANDFILL CLOSURE AND POST-CLOSURE CARE COSTS (CONTINUED)This amount is based on a Corrective Measures Assessment completed in September 2014 by a third party engineering firm, from which a remediation plan has been adopted by the City and has been approved the Montana Department of Environmental Quality. The cost of post closure care is an estimate and is subject to changes resulting from inflation, deflation, technology, or changes in applicable laws or regulations. The Solid Waste Fund accounts for the City’s solid waste collection, recycling, and disposal utility operation – including assets, liabilities, and post-closure costs associated with the closed Story Mill landfill. Segment information for the landfill is as follows:Condensed Statement of Net PositionRestricted cash and cash equivalents106,840$ Capital assets, net of depreciation777,398 Total assets884,238$ Current liabilities72,801$ Closure and post-closure care cost1,485,805 Total liabilities1,558,606 Restricted for debt service(674,368) Total net position(674,368) Total liabilities and net position884,238$ Condensed Statement of Revenues, Expenses and Changes in Net PositionOperating revenues and expenses:Operating revenues -$ Operating expensesDepreciation 30,709 Change in post closure cost estimate (71,349) Other operating - Total operating expenses (40,640) Operating profit 40,640 Non-operating revenues (expenses):Interest income 299 Transfers 310,000 Total non-operating revenues 310,299 Change in net position 350,939 Net position, beginning of year (1,025,307) Net position, end of year (674,368)$ 484 107CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 22. SEGMENT INFORMATION FOR WATER ENTERPRISE FUNDThe City’s Water Fund accounts for the City’s water utility operations and collection and administration of water impact fees. Segment information for the utility operations, excluding impact fees, is as follows:Condensed Statement of Net PositionCurrent assets20,895,348$ Capital assets147,332,738 Other assets7,571,098 Total assets175,799,184$ Current liabilities1,800,342$ Non-current liabilities19,631,167 Total liabilities21,431,509 Net investment in capital assets128,775,153 Restricted for debt service7,043,653 Unrestricted18,548,869 Total net position154,367,675 Total liabilities and net position175,799,184$ 108CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 22. SEGMENT INFORMATION FOR WATER ENTERPRISE FUND (CONTINUED)Condensed Statement of Revenues, Expenses, and Changes in Net PositionOperating revenues and expenses:Operating revenues 11,027,544$ Operating expenses:Depreciation 3,044,346 Other operating 6,701,803 Total operating expenses 9,746,149 Operating loss 1,281,395 Non-operating revenues (expenses)Interest income 17,694 Interest expense (552,155) Grant income 34,284 Gain on sale of assets 6,704 Contributions of infrastructure 2,701,180 Other income 75,012 Transfers 600,000 Total non-operating revenues 2,882,719 Change in net position 4,164,114 Net position, beginning of year 150,203,561 Net position, end of year 154,367,675$ Condensed Statement of Cash FlowsNet cash provided by operating activities4,543,231$ Net cash flows from capital and related financing activities(2,391,270) Net cash flows from noncapital and financing activities634,284 Net cash flows from investing activities17,694 Net change in cash flows2,803,939 Beginning cash and equivalents24,430,155 Ending cash and equivalents27,234,094$ 485 109CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 23. IMPACT FEESOn January 22, 1996, the City Commission adopted fire, water, waste water and street impact fees in Ordinance number 1414. The impact fees were first effective on March 23, 1996. Impact fees were set at a percentage of the cost of the impact, as follows:Original, as of Change as of Change as of Change as of Change as of Change as ofMarch 23, 1996 May 10, 1998 January 15, 1999 July 15, 1999 January 1, 2013 March 30, 2013Fire impact fee 90% 90% 90% 90% 100% 100%Water impact fee 35% 50% 90% 90% 100% 100%Waste water impact fee 35% 50% 90% 90% 100% 100%Street impact fee 10% 10% 75% 90% 90% 100%An applicant may obtain an Impact Fee Credit by dedication of non-site-related land or construction of non-site-related improvements. Credits must be made before the beginning of improvement construction, must comply with the City’s Capital Improvements Program, and must be approved by the City Commission. Credits may be used only for like-type impact fees. The full provisions for impact fee credits are contained in Chapter 3.24 of the Bozeman Municipal Code. For proprietary type funds, the City records a liability for the impact fee credit and capitalizes the underlying asset. For governmental-type funds, the credits are only disclosed in the footnotes. For government-wide financial reporting, the outstanding credits are reported as unearned revenue. The Water Impact Fee Fund, Street Impact Fee Fund, and Waste Water Impact Fee Fund have recorded impact fee credits amounting to $33,232, $56,343, and $129,042, respectively, as of June 30, 2021. The Fire Impact Fee Fund does not have any outstanding credits. The following impact fee revenues were collected and expensed/expended during fiscal year 2021:Expenses,Beginning Expenditures, Balances Impact Fees Other Income and Transfers Ending BalancesFire 3,242,512$ 594,962$ 8,860$ (32,963)$ 3,813,371$ Water8,679,257 2,943,242 3,354 (928,948) 10,696,905 Waste water6,525,616 1,764,435 4,004 (456,464) 7,837,591 Streets4,725,249 6,439,227 26,785 (3,185,853) 8,005,408 Total23,172,634$ 11,741,866$ 43,003$ (4,604,228)$ 30,353,275$ 110CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 24. POLLUTION REMEDIATION OBLIGATIONSJewel v. City of Bozeman / State of Montana v. City of BozemanThis action was filed in the United States District Court for the District of Montana. The multi-count complaint reduced itself to a cost recovery action under the Federal Superfund (CERCLA) and State Superfund (CECRA). On July 8, 1999, the City, Jewel Food Stores, Inc. and the other parties reached a final settlement agreement in this action. The settlement, in part, required Jewel Food Stores, Inc. to pay the City of Bozeman $1,200,000, the City and Jewel to extend alternative water supply to businesses and residents in the North 19th Avenue area of the City; and Jewel and the City to share specified remediation costs on an equal basis (50% each) up to a cumulative amount of $4,000,000, and for eligible costs in excess of that amount, to be shared 70% by Jewel and 30% by the City. The City is reimbursed by insurers for 23% of the City’s expenditures for these purposes.The Montana Department of Environmental Quality (MDEQ) issued the Record of Decision (ROD) for the Bozeman Solvent Site (BSS) in August 2011. The Administrative Order of Consent (AOC) was finalized in January 2012. The ROD and AOC specifically delineate the remediation to be completed for the BSS. The AOC serves as the legal mechanism for the implementation of the selected remedies identified in the ROD. Though remediation is currently underway and may be completed relatively quickly, monitoring of the site will continue for a period of up to 30 years. Tasman Geosciences, Inc. serves as the contractor for the potentially liable parties (the City of Bozeman and CVS Pharmacy, Inc.). Based on the selected remedies identified in the ROD, Tasmanhas completed a long-term cost projection for the project in February 2016. The long-term cost projection was reviewed in September 2017 and, at that time, it was determined it was still an accurate projection. This cost projection includes all remediation and monitoring cost, as well as, the MDEQ cost recovery associated with the BSS. The long-term cost projection for the City is $2,089,997 in remediation costs. Reduced by its insurer’s reimbursement, the amount is $1,175,032. This liability is recorded in the Waste Water Fund, is an estimate, and is subject to changes resulting from inflation, deflation, technology, or changes in applicable laws or regulations.CMC Asbestos Bozeman CECRA FacilityIn 2001, the City purchased property located within the CMC Asbestos Bozeman Facility (the “Facility”), a former asbestos ore storage and processing, recycling/salvage yard. In 2002, contractors for the City, under the Montana Voluntary Cleanup and Redevelopment Act (VCRA), submitted a Voluntary Cleanup Plan (VCP), which was approved by the Department of Environmental Quality (DEQ). Remediation work on City-owned property was completed in October 2003. On December 21, 2006, the City agreed to complete remedial actions at the remainder of the Facility, which included adjacent, private properties. The City submitted an Addendum to its original VCP, and cleanup work under the approved Addendum was completed in June 2009. On October 20, 2010, the City received notice from the DEQ stating that no further action is required at the facility and that the DEQ proposes removing the Facility from the CECRA priority list. Pursuant to an August 2007 Stipulated Agreement between the City and all other involved parties, additional cleanup after issuance of the DEQ’s closure letter may be required by DEQ based upon property use changes, modification of structures, or other factors. The City has an ongoing claim against the State orphan share for the orphan share funds’ proportional share of these post-closure clean-up costs. In addition, all other parties are still liable for their proportional share of the clean-up. The result is that should additional work be required at the Facility, the City will only be liable for 1% of the total post-closure clean-up costs. 486 111CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 25. NET POSITION COMPOSITIONThe table presented below displays the City’s fund balances by major purpose as displayed on page 31 of the governmental funds balance sheet.American Nonmajor TotalGeneral Rescue PlanSID ConstructionGovernmental GovernmentalFund ActDebt Service Capital ProjectsFunds FundsNonspendablePrepaids -$ -$ -$ -$ 255,000$ 255,000$ Cemetery perpetual care- - - - 1,629,479 1,629,479 Total nonspendable- - - - 1,884,479 1,884,479 RestrictedGeneral government-Planning- - - - 1,316,451 1,316,451 General government-Health Insurance- - - - 1,041,753 1,041,753 General government-other- - - - 105 105 Public safety - Building Inspection- - - - 1,803,339 1,803,339 Public safety-Fire Impact- - - - 3,813,371 3,813,371 Public safety-Victim Witness- - - - 426,640 426,640 Public safety-other- - - - 8,005,408 8,005,408 Public service- - - - 4,153,438 4,153,438 Public service - Gas Tax - - - - 1,533,621 1,533,621 Public service - Community Transportation- - - - - - Public service - Lighting Districts- - - - 427,013 427,013 Public welfare - Tax Increment Districts- - - - 71,519 71,519 Public welfare - Econ Develop Loan Fund- - - - 788,150 788,150 Public welfare - Tree Maint. District- - - - 632,595 632,595 Public welfare - other- - - - 9,295,368 9,295,368 Capital projects- - - 23,048,892 - 23,048,892 Debt serive - TIF Bonds- - - - (1,499) (1,499) Debt service - SID Sinking- - 1,804,144 - - 1,804,144 Debt service - SID Revolving Fund- - - - 3,601,325 3,601,325 Debt service - GO Bonds- - - - 57,271 57,271 Total restricted- - 1,804,144 23,048,892 36,965,868 61,818,904 112CITY OF BOZEMAN, MONTANANOTES TO FINANCIAL STATEMENTS (CONTINUED)June 30, 2021NOTE 25. NET POSITION COMPOSITION (CONTINUED)American Nonmajor TotalGeneral Rescue PlanSID ConstructionGovernmental GovernmentalFundActDebt Service Capital ProjectsFundsFundsCommittedPublic safety- - - - 556,229 556,229 Public welfare- - - - 2,698,672 2,698,672 Capital projects- - - 366,743 - 366,743 Total committed- - - 366,743 3,254,901 3,621,644 AssignedGeneral government2,225,256 - - - - 2,225,256 Public welfare- - - - 96,473 96,473 Capital projects1,481,514 - - - - 1,481,514 Budget ordinance minimum 16.67%5,476,495 - - - - 5,476,495 Total assigned9,183,265 - - - 96,473 9,279,738 Unassigned- - - 662,773 - 662,773 Total net position9,183,265$ -$ 1,804,144$ 24,078,408$ 42,201,721$ 77,267,538$ NOTE 26. COMMITMENTSThe City entered into a contract to construct the Bozeman Public Safety Center. The contract commitment for the project is $36,984,237. For the year ended June 30, 2021, the City had incurred $16,902,063 towards the project, which is reported as construction in progress in the Statement of Net Position.The City entered into various contracts for various road and streetscape projects. The contract commitments for the projects are $16,278,380. For the year ended June 30, 2021, the City had incurred $15,560,511 towards the projects.The City entered into a contract to construct the Davis Lane lift station and Norton East Ranch sewer project. The contract commitment for the project is $16,636,159. For the year ended June 30, 2021, the City had incurred $14,691,961 towards the project.487 C. REQUIRED SUPPLEMENTARY INFORMATION OTHER THANMANAGEMENT DISCUSSION AND ANALYSIS113CITY OF BOZEMAN, MONTANASCHEDULE OF CHANGES IN TOTAL OPEB LIABILITY AND RELATED RATIOSYear Ended June 30, 2021GASB Statement No. 75 was implemented beginning in fiscal year 2018. This Statement requires supplementary information for 10-year schedules containing service cost, changes of benefit terms, if any, differences between expected and actual experience, changes of actuarial assumptions or other inputs, and benefit payments, as applicable to the Local Government’s OPEB plan and method of calculating OPEB liability.Assets are not accumulated in a trust that meets the criteria in GASB Statement No. 75, paragrpah 4 to pay related benefits. The total OPEB liability and ratio of OPEB liability as a percentage of covered-employee payroll as of June 30, 2021 is determined as follows:Total OPEB Liability2021 2020 2019 2018Service cost218,391$ 224,433$ 180,183$ 256,948$ Interest105,950 105,809 88,126 81,562 Assumption changes(8,615) 86,881 225,374 (653,711) Difference between expected and actual experience (119,793) - (502,125) 431,737 Benefit payments 1,270,632 (116,330) (118,184) (431,737) Net change in total OPEB liability1,466,565 300,793 (126,626) (315,201) Total OPEB liability - beginning of year 2,868,623 2,567,830 2,694,455 3,009,656 Total OPEB liability - ending of year 4,335,188$ 2,868,623$ 2,567,829$ 2,694,455$ Covered-employee payroll26,119,539$24,490,157$23,503,572$45,345,305$Total OPEB liability as a percentage ofcovered-employee payroll16.60% 11.71% 10.93% 5.94%* Schedule is intended to show information for 10 years. Additional years will be displayed as they become available.Assumption changes.Changes of assumptions reflect the effects of changes in the discount rate used each period. The following are the discount rates used for each period presented:6/30/2021 2.21%6/30/2020 3.50%6/30/2019 3.87%6/30/2018 3.13% 488 114CITY OF BOZEMAN, MONTANASCHEDULE OF PROPORTIONATE SHARE OF NET PENSION LIABILITYAND SCHEDULE OF CONTRIBUTIONSFor the Last Ten Fiscal Years*Schedule of Proportionate Share of the Net Pension Liability:As of Reporting Date 2021 2020 2019 2018 2017 2016 2015Employer's proportion of the net pension liability (percentage)85.2225% 0.8620% 0.8336% 1.0419% 1.0218% 0.9588% 0.91505%Employer's net pension liability (amount) $ 22,483,506 $ 18,018,037 $ 17,399,265 $ 20,291,988 $ 17,404,143 $ 13,403,285 $ 11,401,613 State's net pension liability (amount) $ 7,096,303 $ 5,867,557 $ 5,822,595 $ 266,967 $ 212,659 $ 164,637 $ 139,231 Total $ 29,579,809 $ 23,885,594 $ 23,221,860 $ 20,558,955 $ 17,616,802 $ 13,567,922 $ 11,540,844 Employer's covered payroll $ 14,298,930 $ 14,222,530 $ 13,764,340 $ 12,924,792 $ 12,238,920 $ 11,189,797 $ 10,479,122 Employer's proportionate share as a percent of covered payroll 157.24% 126.69% 126.41% 157.00% 142.20% 119.78% 111.22%Plan fiduciary net position as a percent of total pension liability68.90% 73.85% 73.47% 73.75% 74.71% 78.40% 79.90%Schedule of Contributions:As of Reporting Date 2021 2020 2019 2018 2017 2016 2015Contractually required DB contributions $ 1,302,862 $ 1,239,718 $ 1,223,234 $ 1,161,210 $ 1,081,810 $ 1,022,996 $ 922,084 Plan choice rate required contributions $ - $ - $ - $ - $ - $ 28,892 $ 52,151 Contributions in relation to the contractually required contributions $ 1,302,862 $ 1,239,718 $ 1,223,234 $ 1,161,210 $ 1,081,810 $ 1,051,888 $ 974,235 Contribution deficiency (excess) $ - $ - $ - $ - $ - $ - $ - Employer's covered payroll $ 14,855,905 $ 14,298,930 $ 14,222,530 $ 13,764,340 $ 12,924,792 $ 12,238,920 $ 11,189,797 Contributions as a percent of covered payroll 8.77% 8.67% 8.60% 8.44% 8.37% 8.59% 8.71%PERSPERS*The amounts presented for each fiscal year were determined as of June 30. Schedule is intended to show information for 10 years. Additional years will be displayed as they become available. 115CITY OF BOZEMAN, MONTANASCHEDULE OF PROPORTIONATE SHARE OF NET PENSION LIABILITYAND SCHEDULE OF CONTRIBUTIONS (CONTINUED)Year Ended June 30, 2021Schedule of Proportionate Share of the Net Pension Liability:As of Reporting Date 2021 2020 2019 2018 2017 2016 2015Employer's proportion of the net pension liability (percentage)2.3217% 2.1955% 2.3663% 2.3492% 2.3705% 2.4336% 2.4192%Employer's net pension liability (amount) $ 3,632,985 $ 2,518,508 $ 2,725,281 $ 2,655,380 $ 2,707,390 $ 2,489,054 $ 2,361,551 State's net pension liability (amount) $ 8,189,975 $ 6,091,025 $ 6,231,502 $ 6,030,078 $ 6,134,093 $ 5,543,784 $ 5,327,544 Total $ 11,822,960 $ 8,609,533 $ 8,956,783 $ 8,685,458 $ 8,841,483 $ 8,032,838 $ 7,689,095 Employer's covered payroll $ 4,052,989 $ 3,807,151 $ 3,726,746 $ 3,511,860 $ 3,338,041 $ 3,270,451 $ 3,142,481 Employer's proportionate share as a percent of covered payroll89.64%66.15%73.13%75.61%81.11%76.11%75.15%Plan fiduciary net position as a percent of total pension liability75.34%80.08%79.03%77.77%75.48%76.90%76.70%Schedule of Contributions:As of Reporting Date2021202020192018201720162015Contractually required contributions $ 597,763 $ 582,009 $ 524,670 $ 548,518 $ 504,303 $ 477,250 $ 478,776 Contributions in relation to the contractually required contributions $ 597,763 $ 582,009 $ 524,670 $ 548,518 $ 504,303 $ 477,250 $ 478,776 Contribution deficiency (excess) $ - $ - $ - $ - $ - $ - $ - Employer's covered payroll $ 4,162,698 $ 4,052,989 $ 3,807,151 $ 3,726,746 $ 3,511,860 $ 3,338,041 $ 3,270,451 Contributions as a percent of covered payroll14.36%14.36%13.78%14.72%14.36%14.03%14.64%*The amounts presented for each fiscal year were determined as of June 30. Schedule is intended to show information for 10 years. Additional years will be displayed as they become available. FURSFURS489 116CITY OF BOZEMAN, MONTANASCHEDULE OF PROPORTIONATE SHARE OF NET PENSION LIABILITYAND SCHEDULE OF CONTRIBUTIONS (CONTINUED)Year Ended June 30, 2021Schedule of Proportionate Share of the Net Pension Liability:2021 2020 2019 2018 2017 2016 2015Employer's proportion of the net pension liability (percentage)2.9892% 2.8699% 2.9325% 3.0402% 3.0842% 2.9746% 3.0209%Employer's net pension liability (amount) $ 7,311,248 $ 5,712,381 $ 5,022,189 $ 5,408,979 $ 5,552,007 $ 4,920,638 $ 4,746,933 State's net pension liability (amount) $ 14,746,046 $ 11,632,402 $ 10,266,345 $ 11,024,418 $ 11,020,975 $ 9,969,680 $ 9,589,371 Total $ 22,057,294 $ 17,344,783 $ 15,288,534 $ 16,433,397 $ 16,572,982 $ 14,890,318 $ 14,336,304 Employer's covered payroll $ 5,120,608 $ 4,729,931 $ 4,628,804 $ 4,555,121 $ 4,353,897 $ 4,116,930 $ 4,053,265 Employer's proportionate share as a percent of covered payroll 142.78% 120.77% 108.50% 118.75% 127.52% 119.52% 117.11%Plan fiduciary net position as a percent of total pension liability64.84% 68.84% 70.95% 68.34% 65.62% 66.90% 67.01%Schedule of Contributions:2021 2020 2019 2018 2017 2016 2015Contractually required contributions $ 764,283 $ 732,880 $ 684,296 $ 692,318 $ 655,143 $ 637,789 $ 596,791 Contributions in relation to the contractually required contributions $ 764,283 $ 732,880 $ 684,296 $ 692,318 $ 655,143 $ 637,789 $ 596,791 Contribution deficiency (excess) $ - $ - $ - $ - $ - $ - $ - Employer's covered payroll $ 5,303,384 $ 5,120,608 $ 4,729,931 $ 4,628,804 $ 4,555,121 $ 4,353,897 $ 4,116,930 Contributions as a percent of covered payroll 14.41% 14.31% 14.47% 14.96% 14.38% 14.65% 14.50%MPORS*The amounts presented for each fiscal year were determined as of June 30. Schedule is intended to show information for 10 years. Additional years will be displayed as they become available. MPORS117CITY OF BOZEMAN, MONTANANOTES TO REQUIRED SUPPLEMENTARY INFORMATION - PENSION PLAN CHANGES Year Ended June 30, 2021CHANGE OF BENEFIT TERMSThe following changes to the PERS, FURS, and MPORS plan provisions were made as identified:2017 Legislative Changes – PERS: Working Retiree Limitations – for PERSEffective July 1, 2017, if a PERS retiree returns as an independent contractor to what would otherwise be PERS-covered employment, general contractor overhead costs are excluded from PERS working retiree limitations. Refunds1) Terminating members eligible to retire may, in lieu of receiving a monthly retirement benefit, refund their accumulated contributions in a lump sum.2) Terminating members with accumulated contributions between $200 and $1,000 who wish to rollover their refund must do so within 90 days of termination of service. 3) Trusts, estates, and charitable organizations listed as beneficiaries are entitled to receive only a lump-sum payment.Interest Credited To Member Accounts Effective July 1, 2017, the interest rate credited to member accounts increased from 0.25% to 0.77%.Lump-Sum PayoutsEffective July 1, 2017, lump-sum payouts in all systems are limited to the member’s accumulated contributions rate than the present value of the member’s benefit. Disabled PERS Defined Contribution (DC) MembersPERS members hired after July 1, 2011 have a normal retirement age of 65. PERS DC members hired after July 1, 2011 who became disabled were previously only eligible for a disability benefit until age 65. Effective July 1, 2017, these individuals will be eligible for a disability benefit until they reach 70, thus ensuring the same 5-year time period available to PERS DC disabled members hired prior to July 1, 2011 who have a normal retirement age of 60 and are eligible for a disability benefit until age 65.490 118CITY OF BOZEMAN, MONTANANOTES TO REQUIRED SUPPLEMENTARY INFORMATION - PENSION PLAN CHANGES (CONTINUED)Year Ended June 30, 2021CHANGE OF BENEFIT TERMS (CONTINUED)2017 Legislative Changes – FURS:Working Retiree Limitations – for FURSApplies to retirement system members who return on or after July 1, 2017 to covered employment in the system from which they retired.a. Members who return for less than 480 hours in a calendar year:i. May not become an active member in the system; andii. Are subject to a $1 reduction in their retirement benefit for each $3 earned in excess of $5,000 in the calendar year.b. Members who return for 480 or more hours in a calendar year:i. Must become an active member of the system;ii. Will stop receiving a retirement benefit from the system; andiii. Will be eligible for a second retirement benefit if they earn 5 or more years of service credit through their second employment.c. Employee, employer and state contributions, if any, apply as follows:i. Employer contributions and state contributions (if any) must be paid on all working retirees;ii. Employee contributions must be paid on working retirees who return to covered employment for 480 or more hours in a calendar year.Second Retirement Benefit – for FURSApplies to retirement system members who return on or after July 1, 2017 to active service covered by the system from which they retired.a. If the member works more than 480 hours in a calendar year and accumulates less than 5 years of service credit before terminating again, the member:i. Is not awarded service credit for the period of reemployment;ii. Is refunded the accumulated contributions associated with the period of reemployment;iii. Starting the first month following termination of service, receives the same retirement benefit previously paid to the member; andiv. Does not accrue post-retirement benefit adjustments during the term of reemployment but receives a Guaranteed Annual Benefit Adjustment (GABA) in January immediately following second retirement.119CITY OF BOZEMAN, MONTANANOTES TO REQUIRED SUPPLEMENTARY INFORMATION - PENSION PLAN CHANGES (CONTINUED)Year Ended June 30, 2021CHANGE OF BENEFIT TERMS (CONTINUED)2017 Legislative Changes – FURS (Continued):Working Retiree Limitations – for FURS (Continued)Second Retirement Benefit – for FURS (Continued)Applies to retirement system members who return on or after July 1, 2017 to active service covered by the system from which they retired.b. If the member works more than 480 hours in a calendar year and accumulates at least 5 years of service credit before terminating again, the member:i. Is awarded service credit for the period of reemployment;ii. Starting the first month following termination of service, receives:1. The same retirement benefit previously paid to the member, and2. A second retirement benefit for the period of reemployment calculated based on the laws in effect as of the member’s rehire date; andiii. Does not accrue post-retirement benefit adjustments during the term of reemployment but receives a GABA:1. On the initial retirement benefit in January immediately following second retirement, and2. On the second retirement benefit starting in January after receiving that benefit for at least 12 months.c. A member who returns to covered service is not eligible for a disability benefitRefunds!Terminating members eligible to retire may, in lieu of receiving a monthly retirement benefit, refund their accumulated contributions in a lump sum.!Terminating members with accumulated contributions between $200 and $1,000 who wish to rollover their refund must do so within 90 days of termination of service.!Trusts, estates, and charitable organizations listed as beneficiaries are entitled to receive only a lump-sum payment.Interest Credited to Member Accounts!Effective July 1, 2017, the interest rate credited to member accounts increased from 0.25% to 0.77%Lump-Sum Payouts!Effective July 1, 2017, lump-sum payouts in all systems are limited to the member’s accumulated contributions rate than the present value of the member’s benefit.491 120CITY OF BOZEMAN, MONTANANOTES TO REQUIRED SUPPLEMENTARY INFORMATION - PENSION PLAN CHANGES (CONTINUED)Year Ended June 30, 2021CHANGE OF BENEFIT TERMS (CONTINUED)2017 Legislative Changes – MPORS: Working Retiree Limitations– for MPORSApplies to retirement system members who return on or after July 1, 2017 to covered employment in the system from which they retired.!Members who return for less than 480 hours in a calendar year:a. May not become an active member in the system; andb. Are subject to a $1 reduction in their retirement benefit for each $3 earned in excess of $5,000 in the calendar year.!Members who return for 480 or more hours in a calendar year:a. Must become an active member of the system;b. Will stop receiving a retirement benefit from the system; andc. Will be eligible for a second retirement benefit if they earn 5 or more years of service credit through their second employment.!Employee, employer and state contributions, if any, apply as follows:a. Employer contributions and state contributions (if any) must be paid on all working retirees;b. Employee contributions must be paid on working retirees who return to covered employment for 480 or more hours in a calendar year.Second Retirement Benefit– for MPORSApplies to retirement system members who return on or after July 1, 2017 to active service covered by the system from which they retired.!If the member works more than 480 hours in a calendar year and accumulates less than 5 years of service credit before terminating again, the member:a. Is not awarded service credit for the period of reemployment;b. Is refunded the accumulated contributions associated with the period of reemployment;c. Starting the first month following termination of service, receives the same retirement benefit previously paid to the member; andd. Does not accrue post-retirement benefit adjustments during the term of reemployment but receives a Guaranteed Annual Benefit Adjustment (GABA) in January immediately following second retirement. 2017 Legislative Changes:!If the member works more than 480 hours in a calendar year and accumulates at least 5 years of service credit before terminating again, the member:a. Is awarded service credit for the period of reemployment;b. Starting the first month following termination of service, receives:i. The same retirement benefit previously paid to the member, andii. A second retirement benefit for the period of reemployment calculated based on the laws in effect as of the member’s rehire date; and121CITY OF BOZEMAN, MONTANANOTES TO REQUIRED SUPPLEMENTARY INFORMATION - PENSION PLAN CHANGES (CONTINUED)Year Ended June 30, 2021CHANGE OF BENEFIT TERMS (CONTINUED)2017 Legislative Changes – MPORS (Continued): Second Retirement Benefit– for MPORS (Continued)c. Does not accrue post-retirement benefit adjustments during the term of reemployment but receives a GABA:i. On the initial retirement benefit in January immediately following second retirement, andii. On the second retirement benefit starting in January after receiving that benefit for at least 12 months.!A member who returns to covered service is not eligible for a disability benefit.Refunds!Terminating members eligible to retire may, in lieu of receiving a monthly retirement benefit, refund their accumulated contributions in a lump sum.!Terminating members with accumulated contributions between $200 and $1,000 who wish to rollover their refund must do so within 90 days of termination of service.!Trusts, estates, and charitable organizations listed as beneficiaries are entitled to receive only a lump-sum payment.Interest Credited to Member Accounts!Effective July 1, 2017, the interest rate credited to member accounts increased from 0.25% to 0.77%Lump-sum payouts!Effective July 1, 2017, lump-sum payouts in all systems are limited to the member’s accumulated contributions rate than the present value of the member’s benefit.492 122CITY OF BOZEMAN, MONTANANOTES TO REQUIRED SUPPLEMENTARY INFORMATION - PENSION PLAN CHANGES (CONTINUED)Year Ended June 30, 2021CHANGES IN ACTUARIAL ASSUMPTIONS AND METHODSMethod and Assumptions used in Calculations of Actuarially Determined ContributionsThe following Actuarial Assumptions were adopted from the June 30, 2019 actuarial valuation:PERSFURS MPORSGeneral Wage Growth* 3.50%3.50%3.50%Investment Rate of Return* 7.65%7.65%7.65% *Includes inflation at 2.75%2.75%2.75%Merit increase0% to 8.47%0% to 6.30%0% to 6.60%Asset valuation method Four-year smoothed market4-year smoothed market4-year smoothed marketActuarial cost method Entry age normalEntry age normalEntry age normalAmortization method Level percentage of payroll, open Level percentage of pay, open Level percentage of pay, openMortality (Healthy members) For Males & Females: RP 2000 Combined Employee and Annuitant Mortality Table projected to 2020 using Scale BB, males set back 1 yearFor Males & Females: RP 2000 Combined Employee and Annuitant Mortality Table projected to 2020 using Scale BB, males set back 1 yearFor Males & Females: RP 2000 Combined Employee and Annuitant Mortality Table projected to 2020 using Scale BB, males set back 1 yearMortality (Disabled members) For Males & Females: RP 2000 Combined Mortality Table, with no projectionsFor Males & Females: RP 2000 Combined Mortality TableFor Males & Females: RP 2000 Combined Mortality TableAdmin Expense as a % of Payroll 0.30% 0.13% 0.15%Administrative expenses are recognized by an additional amount added to the normal cost contribution rate for the System. This amount varies from year to year based on the prior year’s actual administrative expenses.123CITY OF BOZEMAN, MONTANASCHEDULE OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCES - BUDGET TO ACTUAL – GENERAL FUNDYear Ended June 30, 2021Variance withActual Final BudgetOriginal Final Amounts Positive (Negative)Budgetary fund balance, July 1 1,116,288$ 914,230$ 6,450,921$ 5,536,691$ Resources (inflows):Taxes 16,230,541 16,230,541 15,775,452 (455,089) Special assessments - - 103 103 Licenses and permits371,900 371,900 367,895 (4,005) Intergovernmental 8,591,802 8,591,802 11,864,827 3,273,025 Charges for services3,573,896 3,573,896 3,650,043 76,147 Fines and forfeitures 1,070,000 1,070,000 1,084,870 14,870 Sale of assets5,000 5,000 15,952 10,952 Interest on investments 80,000 80,000 5,747 (74,253) Transfers from other funds 2,580,934 5,767,907 2,728,647 (3,039,260) Proceeds of long-term debt - - - - Other 354,890 354,890 431,551 76,661 Amounts available for appropriation 33,975,251 36,960,166 42,376,008 5,415,842 Charges to appropriations (outflows):CurrentGeneral government 8,519,623 8,519,623 8,178,413 341,210 Public safety 15,019,654 15,019,654 17,062,287 (2,042,633) Public service - - - - Public welfare 5,810,264 6,437,819 4,815,295 1,622,524 Other 4,015,799 9,473,995 3,336,278 6,137,717 Capital outlay857,364 1,255,968 1,885,031 (629,063) Debt service54,387 54,387 48,418 5,969 Transfers to other funds540,000 3,726,973 557,009 3,169,964 Total charges to appropriations34,817,091 44,488,419 35,882,731 8,605,688 Budgetary fund balance, June 30(841,840)$ (7,528,253)$ 6,493,277$ 14,021,530$ Budgeted Amounts493 124CITY OF BOZEMAN, MONTANASCHEDULE OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCES - BUDGET TO ACTUALAMERICAN RESCUE PLAN ACT SPECIAL REVENUE FUNDYear Ended June 30, 2021Variance withActual Amounts Final BudgetOriginal Final Budgetary Basis Positive (Negative)Budgetary fund balance, July 1 -$ -$ -$ -$ Resources (inflows):Taxes - - - - Special assessments - - - - Licenses and permits - - - - Intergovernmental - - 712,051 712,051 Charges for services - - - - Fines and forfeitures - - - - Interest on investments - - - - Transfers from other funds - - - - Proceeds from long-term debt - - - - Premium on bonds issued- - - - Proceeds from the sale of capital assets- - - - Other- - - - Amounts available for appropriation- - 712,051 712,051 Charges to appropriations (outflows):CurrentGeneral government- - - - Public safety- - - - Public service- - - - Public welfare- - - - Capital outlay- - - - Debt service- - - - Transfers to other funds- - 712,051 (712,051) Total charges to appropriations- - 712,051 (712,051) Budgetary fund balance, June 30-$ -$ -$ -$ Budgeted Amounts125CITY OF BOZEMAN, MONTANANOTES TO REQUIRED SUPPLEMENTARY INFORMATION – BUDGETARY INFORMATIONYear Ended June 30, 2021General American RescueFund Plan ActSources/inflows of resourcesActual amounts (budgetary basis) "available for appropriation" from the budgetary comparison schedule 42,376,008$ 712,051$ Differences - budget to GAAP:The fund balance at the beginning of the year is a budgetary resource but is not a current-year revenue for financial reporting purposes. (6,450,921) - Transfers from other funds are inflows of budgetary resources but are not revenues for financial reporting purposes(2,728,647) - The proceeds from the issuance of long-term debt are a budgetary resource but are a other financing source for financial reporting purposes- - The proceeds from the sale of assets are budgetary resources but are regarded as a special item, rather than revenue, for financial reporting purposes(15,952) - Total revenues as reported on the statement of revenues, expenditures, and changes in fund balances - governmental funds33,180,488$ 712,051$ Uses/outflows of resourcesActual amounts (budgetary basis) "total charges to appropriations" from the budgetary comparison schedule35,882,731$ 712,051$ Differences - budget to GAAP:Transfers to other funds are outflows of budgetary resources but are not expenditures for financial reporting purposes.(557,009) (712,051) Total expenditures as reported on the statement of revenues, expenditures, and changes in fund balances - governmental funds35,325,722$ -$ 494 D. SUPPLEMENTAL INFORMATIONCOMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS AND SCHEDULES495 NONMAJOR GOVERNMENTAL FUNDSSPECIAL REVENUE FUNDSDepartmental Special Revenues – Accounts for monies received and expended for projects relating to various City departments. Street Impact Fees Special Revenue Fund – Accounts for the collection and expenditures associated with the street impact fees.Street Maintenance – This special revenue fund accounts for special assessment revenues levied, received, and expended for street maintenance provided to specific property owners.Fire Impact Fees Special Revenues – Accounts for the collection and expenditures associated with the fire impact fees.City Planning Board – Accounts for monies received from various sources including property taxes, fees, and County revenues. Expenditures are for short-term and long-term planning of City and adjacent County zones. Section 76-1-102 MCA provides that the purpose of City planning is to encourage local governments to improve the present health, safety, convenience, and welfare of the citizens.Health-Medical Insurance – Accounts for property tax revenues received and transferred to the general fund for premiums and deductibles on group insurance coverage for City employees.Gas Tax Apportionment – Accounts for revenues from State gasoline taxes apportioned from the State of Montana Department of Highways.Drug Forfeitures – Accounts for monies received from fines and forfeitures of drug-related criminal prosecution, to be expended on drug law enforcement and education.City-County Drug Forfeitures – Accounts for monies received from fines and forfeitures of drug-related criminal prosecution, from an inter-local agreement with the County, to be expended on drug law enforcement and education.Victim/Witness Advocate – Accounts for monies collected through the Court system to assist with Victim and Witness Advocate Program.Tree Maintenance – Accounts for special assessment revenues levied, received, and expended for tree maintenance provided to specific property owners.Parks and Trails District Fund: – In May 2020, the Citizens of Bozeman approved the creation of a Parks and Trails District. This fund accounts for the special assessment and rental revenues collected, and the operating and capital expenditures required to manage and maintain citywide parks and trails.Community Transportation – Accounts for federal funding for highways, mass transit, and alternative transportation programs as defined by the IntermodalSurface Transportation Efficiency Act (ISTEA). Money is distributed on a per-capita basis.Fire Department Equipment– Accounts for Public Safety mill levy tax revenues for fire department capital and equipment.Economic Development Revolving Loan Fund – Accounts for revenues received and expended relative to loans made in accordance with the Community Development Block Grant Program, for economic development purposes.Housing Revolving Loan Fund – Accounts for revenues received and expended relative to loans made in accordance with the Community Development Block Grant Program, for housing development purposes.Community Housing – Accounts for money set aside by the City Commission and related expenditure for the establishment of safe, decent, and affordable housing for low and moderate-income citizens.SPECIAL REVENUE FUNDS (CONTINUED)TIF Downtown Improvement District – In November 1995, the City adopted an Urban Renewal Plan for the downtown area. This fund accounts for the revenue and expenditures associated with this tax increment financing district and associated business improvement district.Building Inspection Fund–Accounts for all activity related to enforcing the building regulation adopted by the City. It includes all the money and staff associated with executing any aspect of the code enforcement program.Street Arterial & Collector District – Accounts for special assessment revenues levied, received, and expended for necessary transportation infrastructure.Street Lighting – Accounts for special assessment revenues levied, received, and expended for street and public highway lighting provided to specific property owners.Park Land – Accounts for monies donated for the purpose of acquiring and developing City Parks.Municipal Court Restitution – Accounts for checks that were canceled on the restitution checking account, per MCA 46-18-250.TIF N.E. Urban Renewal – In August of 2005, the City created an Urban Renewal Plan for the Northeast Urban section of Bozeman. This fund accounts for the revenue and expenditures associated with the district.TIF N 7th Corridor - In August of 2005, the City created a Renewal Plan for the North 7th Avenue business district. This fund accounts for the revenue and expenditures associated with the district.TIF Mandeville/Wheat Dr. – In December 2006, the City created a tax increment financing district to encourage the attraction and retention of value-adding farming industries. This fund accounts for the revenue and expenditures associated with the district.TIF South Bozeman Technology – In December 2012, the City created a tax increment financing district to improve existing infrastructure deficiencies on property adjacent to Montana State University and the Innovation Campus. This fund accounts for the revenue and expenditures associated with the district.DEBT SERVICE FUNDSSpecial Improvement District (SID) Revolving – Accounts for property tax revenues received and expended for the payment of special improvement district bond principal and interest.General Obligation Bonds Debt Service Fund – Accounts for the debt service payments associated with the Library and Transportation general obligation bonds.Tax Increment Financing Bonds Debt Service Fund – Accounts for the debt service payments associated with the Tax Increment Urban Renewal Revenue Bonds issued as partial funding for the construction of a Downtown Intermodal Parking Facility.PERMANENT FUNDSPerpetual Cemetery Care – Accounts for 15% maintenance fee received from the sale of City cemetery plots, which is to be used for perpetual care. The interest income from the trust is transferred to the general fund for use in maintaining the City’s cemetery.496 126CITY OF BOZEMAN, MONTANACOMBINING BALANCE SHEETNONMAJOR GOVERNMENTAL FUNDSJune 30, 2021CityStreet Planning Health-Medical Gas TaxMaintenance Departmental Board Insurance ApportionmentASSETSCash and cash equivalents1,710,418$ 1,928,076$ 1,194,588$ 811,663$ 1,537,231$ Receivables: Property taxes- 11,837 23,899 255,523 - Accrued interest- - - - - Customers, net11,937 3,016 113 - - Special assessments157,419 - - - - Other governments- 369,618 - - - Others- - - - - Advances to other city funds- - - - - Prepaid expenditures- 255,000 - - - Notes receivable- - - - - Restricted cash and cash equivalents- 25,000 133,308 - - Total assets1,879,774$ 2,592,547$ 1,351,908$ 1,067,186$ 1,537,231$ LIABILITIESAccounts payable133,600$ 267,574$ 33,090$ -$ 3,610$ Appearance bonds and other liabilities- - - - - Escheat property payable678 - - - - Accrued employee benefits payable- - - - - Due to other funds- - - - - Total liabilities134,278 267,574 33,090 - 3,610 DEFERRED INFLOWS OF RESOURCESUnavailable revenue-property taxes- 1,182 2,367 25,433 - Unavailable revenue-special assessments77,224 2,492 - - - Total deferred inflows of resources77,224 3,674 2,367 25,433 - FUND BALANCESNonspendable- 255,000 - - - Restricted1,668,272 71,519 1,316,451 1,041,753 1,533,621Committed- 1,898,307 - - - Assigned- 96,473 - - - Unassigned- - - - - Total fund balances1,668,272 2,321,299 1,316,451 1,041,753 1,533,621 Total liabilities, deferred inflows of resources, and fund balances1,879,774$ 2,592,547$ 1,351,908$ 1,067,186$ 1,537,231$ (continued)Special Revenue Funds127CITY OF BOZEMAN, MONTANACOMBINING BALANCE SHEETNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)June 30, 2021Downtown Building Economic Tree Fire Improvement Inspection DevelopmentMaintenance Impact Fees District Fund Revolving Loan ASSETSCash and cash equivalents652,571$ (5)$ 4,942,569$ 1,911,305$ -$ Receivables:Property taxes- - 591,342 - - Accrued interest- - - 2,736 - Customers, net- - - - 362,762Special assessments16,685- 1,461 - - Other governments- - - - - Others- - - - - Advances to other city funds- - - - - Prepaid expenditures- - - - - Notes receivable- - - - 425,388Restricted cash and cash equivalents- 3,813,424- - - Total assets669,256$ 3,813,419$ 5,535,372$ 1,914,041$ 788,150$ LIABILITIESAccounts payable27,561$ 48$ 2,141,389$ 109,815$ -$ Appearance bonds and other liabilities- - - - - Escheat property payable- - - - - Accrued employee benefits payable- - - 887 - Due to other funds- - - - - Total liabilities27,561 48 2,141,389 110,702 - DEFERRED INFLOWS OF RESOURCESUnavailable revenue-property taxes- - - - - Unavailable revenue-special assessments9,100- - - - Total deferred inflows of resources9,100 - - - - FUND BALANCESNonspendable- - - - - Restricted632,595 3,813,371 3,393,983 1,803,339 788,150 Committed- - - - - Assigned- - - - - Unassigned- - - - - Total fund balances632,595 3,813,371 3,393,983 1,803,339 788,150 Total liabilities, deferred inflows of resources, and fund balances669,256$ 3,813,419$ 5,535,372$ 1,914,041$ 788,150$ (continued)Special Revenue Funds497 128CITY OF BOZEMAN, MONTANACOMBINING BALANCE SHEETNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)June 30, 2021Special Revenue FundsStreet ArterialCommunity and Collector TIF TIF N.E.Housing District N 7th Corridor Urban RenewalASSETSCash and cash equivalents 1,052,814$ 2,522,609$ 2,889,781$ 495,028$ Receivables:Property taxes 39,497 - 173,673 73,074Accrued interest - - 4,845 - Customers, net (417) - - - Special assessments - 30,452 - - Other governments - - - - Others - - - - Advances to other city funds - - - - Prepaid expenditures - - - - Notes receivable30,236 - - - Restricted cash and cash equivalents - - - 92,000Total assets 1,122,130$ 2,553,061$ 3,068,299$ 660,102$ LIABILITIESAccounts payable 318,165$ 67,895$ 11,037$ 26,032$ Appearance bonds and other liabilities - - - - Escheat property payable - - - - Accrued employee benefits payable - - - - Due to other funds - - - - Total liabilities318,165 67,895 11,037 26,032 DEFERRED INFLOWS OF RESOURCESUnavailable revenue-property taxes3,600 - 31,198 - Unavailable revenue-special assessments- - - - Total deferred inflows of resources3,600 - 31,198 - FUND BALANCESNonspendable- - - - Restricted- 2,485,166 3,026,064 634,070 Committed800,365 - - - Assigned- - - - Unassigned- - - - Total fund balances800,365 2,485,166 3,026,064 634,070 Total liabilities, deferred inflows of resources, and fund balances1,122,130$ 2,553,061$ 3,068,299$ 660,102$ (continued)129CITY OF BOZEMAN, MONTANACOMBINING BALANCE SHEETNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)June 30, 2021Special Revenue FundsTIF Mandeville/ TIFD South Boz Victim/Witness Fire Department StreetWheat Dr. Technology Advocate Equipment LightingASSETSCash and cash equivalents118,265$ 15$ 441,878$ 513,644$ 451,317$ Receivables:Property taxes2,487 - - 47,311 - Accrued interest- - - - - Customers, net- - 4,589 - - Special assessments- - - - 10,677 Other governments- - - - - Others- - - - - Advances to other city funds- - - - - Prepaid expenditures- - - - - Notes receivable- - - - - Restricted cash and cash equivalents- - - - - Total assets120,752$ 15$ 446,467$ 560,955$ 461,994$ LIABILITIESAccounts payable-$ -$ 19,827$ -$ 34,981$ Appearance bonds and other liabilities- - - - - Escheat property payable- - - - - Accrued employee benefits payable- - - - - Due to other funds- 7,626 - - - Total liabilities- 7,626 19,827 - 34,981 DEFERRED INFLOWS OF RESOURCESUnavailable revenue-property taxes- - - 4,726 - Unavailable revenue-special assessments- - - - - Total deferred inflows of resources- - - 4,726 - FUND BALANCESNonspendable- - - - - Restricted120,752 (7,611) 426,640 - 427,013 Committed- - - 556,229 - Assigned- - - - - Unassigned- - - - - Total fund balances120,752 (7,611) 426,640 556,229 427,013 Total liabilities, deferred inflows of resources, and fund balances120,752$ 15$ 446,467$ 560,955$ 461,994$ (continued)498 130CITY OF BOZEMAN, MONTANACOMBINING BALANCE SHEETNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)June 30, 2021Parks andPark Street Municipal Court TrailsLand Impact Fees Restitution District TotalASSETSCash and cash equivalents1,316,125$ -$ 26,143$ 1,002,955$ 25,518,990$ Receivables:Property taxes - - - - 1,218,643 Accrued interest - - - - 7,581 Customers, net - - - - 382,000 Special assessments - - - 77,548 294,242 Other governments - - - - 369,618 Others - - - - Advances to other city funds - - - - - Prepaid expenditures - - - - 255,000 Notes receivable - - - - 455,624 Restricted cash and cash equivalents - 8,181,411 - - 12,245,143 Total assets 1,316,125$ 8,181,411$ 26,143$ 1,080,503$ 40,746,841$ LIABILITIESAccounts payable 24,984$ 176,003$ 1,000$ 243,534$ 3,640,145$ Appearance bonds and other liabilities - - - - - Escheat property payable - - 25,038 - 25,716 Accrued employee benefits payable - - - - 887 Due to other funds- - - - 7,626 Total liabilities24,984 176,003 26,038 243,534 3,674,374 DEFERRED INFLOWS OF RESOURCESUnavailable revenue-property taxes- - - - 68,506 Unavailable revenue-special assessments- - - - 88,816 Total deferred inflows of resources- - - - 157,322 FUND BALANCESNonspendable- - - - 255,000 Restricted1,291,141 8,005,408 105 836,969 33,308,771 Committed- - - - 3,254,901 Assigned- - - - 96,473 Unassigned- - - - - Total fund balances1,291,141 8,005,408 105 836,969 36,915,145 Total liabilities, deferred inflows of resources, and fund balances1,316,125$ 8,181,411$ 26,143$ 1,080,503$ 40,746,841$ (continued)Special Revenue Funds131CITY OF BOZEMAN, MONTANACOMBINING BALANCE SHEETNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)June 30, 2021SIDG.O.TIFRevolving Bonds BondsTotalASSETSCash and cash equivalents2,555,927$ 103,882-$ 2,659,809$ Receivables:Property taxes- 337,978- 337,978 Accrued interest- - - - Customers, net- - - - Special assessments- - - - Other governments- - - - Others- - - - Advances to other city funds1,045,398 - - 1,045,398 Prepaid expenditures- - - - Notes receivable- - - - Restricted cash and cash equivalents- - - - Total assets3,601,325$ 441,860$ -$ 4,043,185$ LIABILITIESAccounts payable-$ -$ -$ -$ Appearance bonds and other liabilities- - - - Escheat property payable- - - - Accrued employee benefits payable- - - - Due to other funds- 348,5051,499 350,004 Total liabilities- 348,505 1,499 350,004 DEFERRED INFLOWS OF RESOURCESUnavailable revenue-property taxes- 36,084- 36,084 Unavailable revenue-special assessments- - - - Total deferred inflows of resources- 36,084 - 36,084 FUND BALANCESNonspendable- - - - Restricted3,601,325 57,271 (1,499) 3,657,097 Committed- - - - Assigned- - - - Unassigned- - - - Total fund balances3,601,325 57,271 (1,499) 3,657,097 Total liabilities, deferred inflows of resources, and fund balances3,601,325$ 441,860$ -$ 4,043,185$ (continued)Debt Service Funds499 132CITY OF BOZEMAN, MONTANACOMBINING BALANCE SHEETNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)June 30, 2021Permanent TotalFund NonmajorPerpetual GovernmentalCemetery Care FundsASSETSCash and cash equivalents -$ 28,178,799$ Receivables:Property taxes - 1,556,621 Accrued interest - 7,581 Customers, net 7,948 389,948 Special assessments - 294,242 Other governments - 369,618 Others - - Advances to other city funds - 1,045,398 Prepaid expenditures - 255,000 Notes receivable - 455,624 Restricted cash and cash equivalents 1,635,940 13,881,083 Total assets 1,643,888$ 46,433,914$ LIABILITIESAccounts payable 14,409$ 3,654,554$ Appearance bonds and other liabilities - - Escheat property payable - 25,716 Accrued employee benefits payable - 887 Due to other funds - 357,630 Total liabilities14,409 4,038,787 DEFERRED INFLOWS OF RESOURCESUnavailable revenue-property taxes - 104,590 Unavailable revenue-special assessments - 88,816 Total deferred inflows of resources - 193,406 FUND BALANCESNonspendable 1,629,479 1,884,479 Restricted - 36,965,868 Committed - 3,254,901 Assigned - 96,473 Unassigned - - Total fund balances 1,629,479 42,201,721 Total liabilities, deferred inflows of resources, and fund balances 1,643,888$ 46,433,914$ 133CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF REVENUES, EXPENDITURES, ANDCHANGES IN FUND BALANCES - NONMAJOR GOVERNMENTAL FUNDSYear Ended June 30, 2021CityStreet Planning Health-Medical Gas TaxMaintenance Departmental Board Insurance ApportionmentREVENUESTaxes -$ 128,936$ 258,630$ 2,762,846$ -$ Special assessments28,385 - - - - Licenses and permits31,841 - - - - Intergovernmental 26,715 757,401 159,058 - 1,618,008 Charges for services 7,028,315 9,835 1,154,578 - - Fines and forfeitures - 24,694 - - - Interest on investments 3,713 11,845 6,250 2,127 8,522 Interest on loans receivable - - - - - Other 43,256 128,608 42,865 - - Total revenues 7,162,225 1,061,319 1,621,381 2,764,973 1,626,530 EXPENDITURESCurrent:General government - 146,755 2,031,363 - - Public safety - 536,040 - - - Public service 4,439,778 - - - 342,125 Public welfare - 430,354 - - - Other - 129,423 - - - Capital outlay 1,043,447 117,448 41,202 - 549,332 Debt service:Principal216,582 62,883 - - - Interest and fiscal fees23,191 62,912 - - - Total expenditures5,722,998 1,485,815 2,072,565 - 891,457 Revenues over (under) expenditures1,439,227 (424,496) (451,184) 2,764,973 735,073 OTHER FINANCING SOURCES (USES)Transfers in50,000 270,608 221,507 - - Transfers out(724,647) - - (2,545,822) (864,776) Sale of capital assets5,715 - - - - Issuance of long term debt- - - - - Total other financing sources (uses)(668,932) 270,608 221,507 (2,545,822) (864,776) Net change in fund balance770,295 (153,888) (229,677) 219,151 (129,703) FUND BALANCES, beginning of year897,977 2,475,187 1,546,128 822,602 1,663,324FUND BALANCES, end of year1,668,272$ 2,321,299$ 1,316,451$ 1,041,753$ 1,533,621$ (continued)Special Revenue Funds500 134CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF REVENUES, EXPENDITURES, ANDCHANGES IN FUND BALANCES - NONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021Downtown Building Economic Tree Fire Improvement Inspection DevelopmentMaintenance Impact Fees District Fund Revolving LoanREVENUESTaxes -$ -$ 1,841,880$ -$ -$ Special assessments1,851 - 175,445 - - Licenses and permits - - 1,750 2,501,130 - Intergovernmental 11,469 - 360 128,539 - Charges for services 790,230 594,962 - 496 - Fines and forfeitures - - - - - Interest on investments 2,935 8,860 5,512 2,131 3,304 Interest on loans receivable - - - - 18,460 Other 17,743 - - 11 - Total revenues 824,228 603,822 2,024,947 2,632,307 21,764 EXPENDITURESCurrent:General government - - - - - Public safety - 32,963 - 2,129,007 - Public service - - - - - Public welfare 699,279 - 782,429 - 40,766 Other - - - - - Capital outlay 14,500 - - 190,607 - Debt service:Principal- - - - - Interest and fiscal fees- - - - - Total expenditures713,779 32,963 782,429 2,319,614 40,766 Revenues over (under) expenditures110,449 570,859 1,242,518 312,693 (19,002) OTHER FINANCING SOURCES (USES)Transfers in- - - - - Transfers out- - (371,198) (5,060) - Sale of capital assets- - - - - Issuance of long term debt- - - - - Total other financing sources (uses)- - (371,198) (5,060) - Net change in fund balance110,449 570,859 871,320 307,633 (19,002) FUND BALANCES, beginning of year522,146 3,242,512 2,522,663 1,495,706 807,152FUND BALANCES, end of year632,595$ 3,813,371$ 3,393,983$ 1,803,339$ 788,150$ (continued)Special Revenue Funds135CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF REVENUES, EXPENDITURES, ANDCHANGES IN FUND BALANCES - NONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021Special Revenue FundsStreet ArterialCommunity and Collector TIF TIF N.E.Housing District N 7th Corridor Urban RenewalREVENUESTaxes 391,293$ -$ 1,114,009$ 468,352$ Special assessments - 3,359 - - Licenses and permits - - - - Intergovernmental 1,305 - 1,144 150 Charges for services - 1,421,018 - - Fines and forfeitures - - - - Interest on investments 8,276 6,472 3,777 1,594 Interest on loans receivable 110 - - - Other - 179,569 - - Total revenues 400,984 1,610,418 1,118,930 470,096 EXPENDITURESCurrent:General government - - - - Public safety - - - - Public service - 88,643 - - Public welfare 1,288,706 - 294,746 55,538 Other - - - - Capital outlay - 895,573 53,817 3,300 Debt service:Principal - - - 45,583 Interest and fiscal fees - - - 46,417Total expenditures 1,288,706 984,216 348,563 150,838 Revenues over (under) expenditures(887,722) 626,202 770,367 319,258 OTHER FINANCING SOURCES (USES)Transfers in- 864,776 - - Transfers out- - (630,758) - Sale of capital assets- - - - Issuance of long term debt- - - - Total other financing sources (uses)- 864,776 (630,758) - Net change in fund balance(887,722) 1,490,978 139,609 319,258 FUND BALANCES, beginning of year1,688,087 994,188 2,886,455 314,812FUND BALANCES, end of year800,365$ 2,485,166$ 3,026,064$ 634,070$ (continued)501 136CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF REVENUES, EXPENDITURES, ANDCHANGES IN FUND BALANCES - NONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021Special Revenue FundsTIF Mandeville/ TIFD South Boz Victim/Witness Fire Department StreetWheat Dr. Technology Advocate Equipment LightingREVENUESTaxes 8,689$ -$ -$ 515,700$ -$ Special assessments - - - - 487,405 Licenses and permits- - - - - Intergovernmental- - - - - Charges for services- - - - - Fines and forfeitures- - 59,316 - - Interest on investments619 - 2,504 1,458 2,661 Interest on loans receivable- - - - - Other- - - - - Total revenues9,308 - 61,820 517,158 490,066 EXPENDITURESCurrent:General government- - 92,495 - - Public safety- - - 17,478 - Public service- - - - 475,525 Public welfare- - - - - Other- - - - - Capital outlay- - - 152,064 - Debt service:Principal- - - - - Interest and fiscal fees- - - - - Total expenditures- - 92,495 169,542 475,525 Revenues over (under) expenditures9,308 - (30,675) 347,616 14,541 OTHER FINANCING SOURCES (USES)Transfers in- - - - - Transfers out- - - (50,000) (50,000) Sale of capital assets- - - - - Issuance of long term debt- - - - - Total other financing sources (uses)- - - (50,000) (50,000) Net change in fund balance9,308 - (30,675) 297,616 (35,459) FUND BALANCES, beginning of year111,444 (7,611) 457,315 258,613 462,472 FUND BALANCES, end of year120,752$ (7,611)$ 426,640$ 556,229$ 427,013$ (continued)137CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF REVENUES, EXPENDITURES, ANDCHANGES IN FUND BALANCES - NONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021Municipal Parks andPark Street Court TrailsLand Impact Fees Restitution District TotalsREVENUESTaxes -$ -$ -$ -$ 7,490,335$ Special assessments - - - 4,974 701,419 Licenses and permits - - - - 2,534,721 Intergovernmental - - - 16,125 2,720,274 Charges for services - 6,439,227 - 3,659,522 21,098,183 Fines and forfeitures - - - - 84,010 Interest on investments 7,157 4,592 - 1,499 95,808 Interest on loans receivable - - - - 18,570 Other 328,818 22,192 - 9,941 773,003 Total revenues 335,975 6,466,011 - 3,692,061 35,516,323 EXPENDITURESCurrent:General government- - - - 2,270,613 Public safety- - - - 2,715,488 Public service- 379,696 - - 5,725,767 Public welfare192,034 - - 2,706,088 6,489,940 Other- - - - 129,423 Capital outlay- 2,806,157 - 150,525 6,017,972 Debt service:Principal- - - - 325,048 Interest and fiscal fees- - - - 132,520 Total expenditures192,034 3,185,853 - 2,856,613 23,806,771 Revenues over (under) expenditures143,941 3,280,158 - 835,448 11,709,552 OTHER FINANCING SOURCES (USES)Transfers in- - - - 1,406,891 Transfers out- - - - (5,242,261) Sale of capital assets- - - 2,077 7,792 Issuance of long term debt- - - - - Total other financing sources (uses)- - - 2,077 (3,827,578) Net change in fund balance143,941 3,280,158 - 837,525 7,881,974 FUND BALANCES, beginning of year1,147,200 4,725,250105(556) 29,033,171 FUND BALANCES, end of year1,291,141$ 8,005,408$ 105$ 836,969$ 36,915,145$ (continued)Special Revenue Funds502 138CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF REVENUES, EXPENDITURES, ANDCHANGES IN FUND BALANCES - NONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021SIDG.O.TIFRevolving Bonds Bonds TotalsREVENUESTaxes-$ 3,707,319$ -$ 3,707,319$ Special assessments- - - - Licenses and permits- - - - Intergovernmental- - - - Charges for services718 - - 718 Fines and forfeitures- - - - Interest on investments1,657 2,151 - 3,808 Interest on loans receivable19,706 - - 19,706 Other- - - - Total revenues22,081 3,709,470 - 3,731,551 EXPENDITURESCurrent:General government- - - - Public safety- - - - Public service- - - - Public welfare- - - - Other- - - - Capital outlay- - - - Debt service:Principal- 2,205,000 424,000 2,629,000 Interest and fiscal fees- 1,520,363 311,841 1,832,204 Total expenditures- 3,725,363 735,841 4,461,204 Revenues over (under) expenditures22,081 (15,893) (735,841) (729,653) OTHER FINANCING SOURCES (USES)Transfers in- - 734,342 734,342 Transfers out- - - - Sale of capital assets- - - - Issuance of long term debt- - - - Total other financing sources (uses)- - 734,342 734,342 Net change in fund balance22,081 (15,893) (1,499) 4,689 FUND BALANCES, beginning of year3,579,244 73,164- 3,652,408 FUND BALANCES, end of year3,601,325$ 57,271$ (1,499)$ 3,657,097$ Debt Service Funds139CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF REVENUES, EXPENDITURES, ANDCHANGES IN FUND BALANCES - NONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021Permanent Total FundNonmajorCemetery Governmental Perpetual Care FundsREVENUESTaxes -$ 11,197,654$ Special assessments - 701,419 Licenses and permits- 2,534,721 Intergovernmental- 2,720,274 Charges for services98,889 21,197,790 Fines and forfeitures- 84,010 Interest on investments8,541 108,157 Interest on loans receivable- 38,276 Other- 773,003 Total revenues107,430 39,355,304 EXPENDITURESCurrent:General government- 2,270,613 Public safety- 2,715,488 Public service- 5,725,767 Public welfare- 6,489,940 Other- 129,423 Capital outlay- 6,017,972 Debt service:Principal- 2,954,048 Interest and fiscal fees- 1,964,724 Total expenditures- 28,267,975 Revenues over (under) expenditures107,430 11,087,329 OTHER FINANCING SOURCES (USES)Transfers in- 2,141,233 Transfers out- (5,242,261) Sale of capital assets- 7,792 Issuance of long term debt- - Total other financing sources (uses)- (3,093,236) Net change in fund balance107,430 7,994,093 FUND BALANCES, beginning of year1,522,049 34,207,628 FUND BALANCES, end of year1,629,479$ 42,201,721$ 503 140CITY OF BOZEMAN, MONTANASCHEDULES OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET TO ACTUALSID DEBT SERVICEYear Ended June 30, 2021VariancePositiveBudget Actual (Negative)REVENUESTaxes -$ -$ -$ Special assessments598,804 975,387 376,583 Licenses and permits - - - Intergovernmental - - - Charges for services - - - Fines and forfeitures - - - Interest on investments 28,345 14,690 (13,655) Loan repayment - - - Other - - - Total revenues 627,149 990,077 362,928 EXPENDITURES - BUDGET UNIT 172,728 362,457 (189,729) Revenues over (under) expenditures 454,421 627,620 173,199 OTHER FINANCING SOURCES (USES)Transfers in 3,186,973 - (3,186,973) Transfers out - - - Long-term debt issued - - - Sale of capital assets - - - Total other financing sources (uses) 3,186,973 - (3,186,973) Revenues and other sources over(under) expenditures 3,641,394$ 627,620 (3,013,774)$ FUND BALANCES, beginning of year1,176,524 FUND BALANCES, end of year1,804,144$ SID Debt Service141CITY OF BOZEMAN, MONTANASCHEDULES OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET TO ACTUALCONSTRUCTION CAPITAL PROJECTSYear Ended June 30, 2021VariancePositiveBudget Actual (Negative)REVENUESTaxes -$ -$ -$ Special assessments - - - Licenses and permits - - - Intergovernmental - - - Charges for services - - - Fines and forfeitures - - - Interest on investments 534,000 27,053 (506,947) Loan repayment - - - Other - 562,066 562,066 Total revenues 534,000 589,119 55,119 EXPENDITURES - BUDGET UNIT 47,586,156 25,233,856 22,352,300 Revenues over (under) expenditures (47,052,156) (24,644,737) 22,407,419 OTHER FINANCING SOURCES (USES)Transfers in 2,316,671 1,106,520 (1,210,151) Transfers out - - - Long-term debt issued 7,149,009 11,150,009 4,001,000 Sale of capital assets - - - Total other financing sources (uses) 9,465,680 12,256,529 2,790,849 Revenues and other sources over(under) expenditures (37,586,476)$ (12,388,208) 25,198,268$ FUND BALANCES, beginning of year 36,466,616 FUND BALANCES, end of year 24,078,408$ Construction Capital Projects504 142CITY OF BOZEMAN, MONTANASCHEDULES OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET TO ACTUALNONMAJOR GOVERNMENTAL FUNDSYear Ended June 30, 2021VarianceVariancePositivePositiveBudget Actual (Negative) Budget Actual (Negative)REVENUESTaxes-$ -$ -$ 129,408$ 128,936$ (472)$ Special assessments21,100 28,385 7,285 - - - Licenses and permits18,000 31,841 13,841 - - - Intergovernmental- 26,715 26,715 723,891 757,401 33,510 Charges for services6,658,156 7,028,315 370,159 35,000 9,835 (25,165) Fines and forfeitures- - - 62,500 24,694 (37,806) Interest on investments11,000 3,713 (7,287) 20,500 11,845 (8,655) Loan repayment- - - 1,175 - (1,175) Other25,000 43,256 18,256 93,200 128,608 35,408 Total revenues6,733,256 7,162,225 428,969 1,065,674 1,061,319 (4,355) EXPENDITURES - BUDGET UNIT6,378,298 5,722,998 655,300 1,602,637 1,485,815 116,822 Revenues over (under) expenditures354,958 1,439,227 1,084,269 (536,963) (424,496) 112,467 OTHER FINANCING SOURCES (USES)Transfers in50,000 50,000 - 105,644 270,608 164,964 Transfers out(724,647) (724,647) - - - - Long-term debt issued- - - - - - Sale of capital assets- 5,715 5,715 - - - Total other financing sources (uses)(674,647) (668,932) 5,715 105,644 270,608 164,964 Revenues and other sources over(under) expenditures(319,689)$ 770,295 1,089,984$ (431,319)$ (153,888) 277,431$ FUND BALANCES, beginning of year897,977 2,475,187 FUND BALANCES, end of year1,668,272$ 2,321,299$ (continued)Special Revenue FundsStreet MaintenanceDepartmental Special Revenues143CITY OF BOZEMAN, MONTANASCHEDULES OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET TO ACTUALNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021VarianceVariancePositivePositiveBudget Actual (Negative) Budget Actual (Negative)REVENUESTaxes258,816$ 258,630$ (186)$ 2,768,752$ 2,762,846$ (5,906)$ Special assessments- - - - - - Licenses and permits- - - - - - Intergovernmental115,766 159,058 43,292 - - - Charges for services1,046,398 1,154,578 108,180 - - - Fines and forfeitures- - - - - - Interest on investments10,000 6,250 (3,750) - 2,127 2,127 Loan repayment- - - - - - Other50,500 42,865 (7,635) - - - Total revenues1,481,480 1,621,381 139,901 2,768,752 2,764,973 (3,779) EXPENDITURES - BUDGET UNIT2,545,583 2,072,565 473,018 - - - Revenues over (under) expenditures(1,064,103) (451,184) 612,919 2,768,752 2,764,973 (3,779) OTHER FINANCING SOURCES (USES)Transfers in162,174 221,507 59,333 - - - Transfers out- - - (2,768,752) (2,545,822) 222,930 Long-term debt issued- - - - - - Sale of capital assets- - - - - - Total other financing sources (uses)162,174 221,507 59,333 (2,768,752) (2,545,822) 222,930 Revenues and other sources over(under) expenditures(901,929)$ (229,677) 672,252$ -$ 219,151 219,151$ FUND BALANCES, beginning of year1,546,128 822,602 FUND BALANCES, end of year1,316,451$ 1,041,753$ (continued)City Planning BoardHealth-Medical InsuranceSpecial Revenue Funds505 144CITY OF BOZEMAN, MONTANASCHEDULES OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET TO ACTUALNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021VarianceVariancePositivePositiveBudget Actual (Negative) Budget Actual (Negative)REVENUESTaxes-$ -$ -$ -$ -$ -$ Special assessments- - - 2,000 1,851 (149) Licenses and permits- - - - - - Intergovernmental1,160,000 1,618,008 458,008 - 11,469 11,469 Charges for services- - - 806,252 790,230 (16,022) Fines and forfeitures- - - - - - Interest on investments5,0008,522 3,522 4,0002,935 (1,065) Loan repayment- - - - - - Other- - - 6,000 17,743 11,743 Total revenues1,165,000 1,626,530 461,530 818,252 824,228 5,976 EXPENDITURES - BUDGET UNIT2,004,500 891,457 1,113,043 867,909 713,779 154,130 Revenues over (under) expenditures(839,500) 735,073 1,574,573 (49,657) 110,449 160,106 OTHER FINANCING SOURCES (USES)Transfers in- - - - - - Transfers out(500,000) (864,776) (364,776) - - - Long-term debt issued- - - - - - Sale of capital assets- - - - - - Total other financing sources (uses)(500,000) (864,776) (364,776) - - - Revenues and other sources over(under) expenditures(1,339,500)$ (129,703) 1,209,797$ (49,657)$ 110,449 160,106$ FUND BALANCES, beginning of year1,663,324 522,146 FUND BALANCES, end of year1,533,621$ 632,595$ (continued)Tree MaintenanceGas Tax ApportionmentSpecial Revenue Funds145CITY OF BOZEMAN, MONTANASCHEDULES OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET TO ACTUALNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021Downtown Improvement DistrictVarianceVariancePositivePositiveBudget Actual (Negative) Budget Actual (Negative)REVENUESTaxes-$ -$ -$ 1,919,863$ 1,841,880$ (77,983)$ Special assessments- - - 175,000 175,445 445 Licenses and permits- - - 750 1,750 1,000 Intergovernmental- - - 56,050 360 (55,690) Charges for services450,000 594,962 144,962 - - - Fines and forfeitures- - - - - - Interest on investments20,000 8,860 (11,140) 50,740 5,512 (45,228) Loan repayment- - - - - - Other- - - - - - Total revenues470,000 603,822 133,822 2,202,403 2,024,947 (177,456) EXPENDITURES - BUDGET UNIT22,500 32,963 (10,463) 1,869,955 782,429 1,087,526 Revenues over (under) expenditures447,500 570,859 123,359 332,448 1,242,518 910,070 OTHER FINANCING SOURCES (USES)Transfers in- - - - - - Transfers out- - - (332,448) (371,198) (38,750) Long-term debt issued- - - - - - Sale of capital assets- - - - - - Total other financing sources (uses)- - - (332,448) (371,198) (38,750) Revenues and other sources over(under) expenditures447,500$ 570,859 123,359$ -$ 871,320 871,320$ FUND BALANCES, beginning of year3,242,512 2,522,663 FUND BALANCES, end of year3,813,371$ 3,393,983$ (continued)Special Revenue FundsFire Impact Fees Special Revenue506 146CITY OF BOZEMAN, MONTANASCHEDULES OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET TO ACTUALNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021VarianceVariancePositivePositiveBudget Actual (Negative) Budget Actual (Negative)REVENUESTaxes-$ -$ -$ -$ -$ -$ Special assessments- - - - - - Licenses and permits2,050,000 2,501,130 451,130 - - - Intergovernmental- 128,539 128,539 - - - Charges for services600 496 (104) - - - Fines and forfeitures- - - - - - Interest on investments20,000 2,131 (17,869) - 3,304 3,304 Loan repayment- - - 50,000 18,460 (31,540) Other- 11 11 - - - Total revenues2,070,600 2,632,307 561,707 50,000 21,764 (28,236) EXPENDITURES - BUDGET UNIT3,217,852 2,319,614 898,238 31,000 40,766 (9,766) Revenues over (under) expenditures(1,147,252) 312,693 1,459,945 19,000 (19,002) (38,002) OTHER FINANCING SOURCES (USES)Transfers in - - - - - - Transfers out - (5,060) (5,060) - - - Long-term debt issued - - - - - - Sale of capital assets - - - - - - Total other financing sources (uses) - (5,060) (5,060) - - - Revenues and other sources over(under) expenditures (1,147,252)$ 307,633 1,454,885$ 19,000$ (19,002) (38,002)$ FUND BALANCES, beginning of year1,495,706 807,152 FUND BALANCES, end of year1,803,339$ 788,150$ (continued)Economic Development Revolving Loan FundBuilding Inspection FundSpecial Revenue Funds147CITY OF BOZEMAN, MONTANASCHEDULES OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET TO ACTUALNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021VarianceVariancePositivePositiveBudget Actual (Negative) Budget Actual (Negative)REVENUESTaxes388,224$ 391,293$ 3,069$ -$ -$ -$ Special assessments- - - - 4,974 4,974 Licenses and permits- - - - - - Intergovernmental- 1,305 1,305 - 16,125 16,125 Charges for services- - - 3,713,907 3,659,522 (54,385) Fines and forfeitures- - - - - - Interest on investments5,000 8,276 3,276 2,500 1,499 (1,001) Loan repayment1,000 110 (890) - - - Other578,028 - (578,028) - 9,941 9,941 Total revenues972,252 400,984 (571,268) 3,716,407 3,692,061 (24,346) EXPENDITURES - BUDGET UNIT1,749,705 1,288,706 460,999 3,632,174 2,856,613 775,561 Revenues over (under) expenditures(777,453) (887,722) (110,269) 84,233 835,448 751,215 OTHER FINANCING SOURCES (USES)Transfers in- - - - - - Transfers out- - - - - - Long-term debt issued- - - - Sale of capital assets- - - - 2,077 2,077 Total other financing sources (uses)- - - - 2,077 2,077 Revenues and other sources over(under) expenditures(777,453)$ (887,722) (110,269)$ 84,233$ 837,525 753,292$ FUND BALANCES, beginning of year1,688,087 (556) FUND BALANCES, end of year800,365$ 836,969$ (continued)Special Revenue FundsParks and Trails District FundCommunity Housing507 148CITY OF BOZEMAN, MONTANASCHEDULES OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET TO ACTUALNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021VarianceVariancePositivePositiveBudget Actual (Negative) Budget Actual (Negative)REVENUESTaxes-$ -$ -$ 1,089,328$ 1,114,009$ 24,681$ Special assessments3,500 3,359 (141) - - - Licenses and permits- - - - - - Intergovernmental- - - 37,927 1,144 (36,783) Charges for services1,442,306 1,421,018 (21,288) - - - Fines and forfeitures- - - - - - Interest on investments7,000 6,472 (528) 37,5003,777 (33,723) Loan repayment- - - - - - Other300,667 179,569 (121,098) - - - Total revenues1,753,473 1,610,418 (143,055) 1,164,755 1,118,930 (45,825) EXPENDITURES - BUDGET UNIT3,950,262 984,216 2,966,046 2,401,755 348,563 2,053,192 Revenues over (under) expenditures(2,196,789) 626,202 2,822,991 (1,237,000) 770,367 2,007,367 OTHER FINANCING SOURCESTransfers in500,000 864,776 364,776 - - - Transfers out- - - (630,758) (630,758) - Long-term debt issued- - - - - - Sale of capital assets- - - - - - Total other financing sources (uses)500,000 864,776 364,776 (630,758) (630,758) - Revenues and other sources over(under) expenditures(1,696,789)$ 1,490,978 3,187,767$ (1,867,758)$ 139,609 2,007,367$ FUND BALANCES, beginning of year994,188 2,886,455 FUND BALANCES, end of year2,485,166$ 3,026,064$ (continued)Street Arterial and Collector DistrictTIF N. 7th CorridorSpecial Revenue Funds149CITY OF BOZEMAN, MONTANASCHEDULES OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET TO ACTUALNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021VarianceVariancePositivePositiveBudget Actual (Negative) Budget Actual (Negative)REVENUESTaxes268,847$ 468,352$ 199,505$ 25,000$ 8,689$ (16,311)$ Special assessments- - - - - - Licenses and permits- - - - - - Intergovernmental1,354 150 (1,204) - - - Charges for services- - - - - - Fines and forfeitures- - - - - - Interest on investments3,000 1,594 (1,406) - 619 619 Loan repayment- - - - - - Other- - - - - - Total revenues273,201 470,096 196,895 25,000 9,308 (15,692) EXPENDITURES - BUDGET UNIT273,201 150,838 122,363 - - - Revenues over (under) expenditures- 319,258 319,258 25,000 9,308 (15,692) OTHER FINANCING SOURCESTransfers in- - - - - - Transfers out- - - - - - Long-term debt issued- - - - - - Sale of capital assets- - - - - - Total other financing sources (uses)- - - - - - Revenues and other sources over(under) expenditures-$ 319,258 319,258$ 25,000$ 9,308 (15,692)$ FUND BALANCES, beginning of year314,812 111,444 FUND BALANCES, end of year634,070$ 120,752$ (continued)TIF N.E. Urban RenewalTIF Mandeville/Wheat Dr.Special Revenue Funds508 150CITY OF BOZEMAN, MONTANASCHEDULES OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET TO ACTUALNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021VarianceVariancePositivePositiveBudget Actual (Negative) Budget Actual (Negative)REVENUESTaxes-$ -$ -$ -$ -$ -$ Special assessments- - - - - - Licenses and permits- - - - - - Intergovernmental- - - - - - Charges for services- - - - - - Fines and forfeitures- - - 70,000 59,316 (10,684) Interest on investments- - - 3,500 2,504 (996) Loan repayment- - - - - - Other- - - - - - Total revenues- - - 73,500 61,820 (11,680) EXPENDITURES - BUDGET UNIT- - - 90,000 92,495 (2,495) Revenues over (under) expenditures- - - (16,500) (30,675) (14,175) OTHER FINANCING SOURCESTransfers in- - - - - - Transfers out- - - - - - Long-term debt issued- - - - - - Sale of capital assets- - - - - - Total other financing sources (uses)- - - - - - Revenues and other sources over(under) expenditures-$ - -$ (16,500)$ (30,675) (14,175)$ FUND BALANCES, beginning of year(7,611) 457,315 FUND BALANCES, end of year(7,611)$ 426,640$ (continued)TIFD South Boz TechnologyVictim/Witness AdvocateSpecial Revenue Funds151CITY OF BOZEMAN, MONTANASCHEDULES OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET TO ACTUALNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021VarianceVariancePositivePositiveBudget Actual (Negative) Budget Actual (Negative)REVENUESTaxes517,632$ 515,700$ (1,932)$ -$ -$ -$ Special assessments- - - 469,993 487,405 17,412 Licenses and permits- - - - - - Intergovernmental- - - - - - Charges for services- - - - - - Fines and forfeitures- - - - - - Interest on investments5,000 1,458 (3,542) 5,890 2,661 (3,229) Loan repayment- - - - - - Other- - - - - - Total revenues522,632 517,158 (5,474) 475,883 490,066 14,183 EXPENDITURES - BUDGET UNIT537,500 169,542 367,958 522,554 475,525 47,029 Revenues over (under) expenditures(14,868) 347,616 362,484 (46,671) 14,541 61,212 OTHER FINANCING SOURCESTransfers in- - - - - - Transfers out(50,000) (50,000) - (6,380) (50,000) (43,620) Long-term debt issued- - - - - - Sale of capital assets- - - - - - Total other financing sources (uses)(50,000) (50,000) - (6,380) (50,000) (43,620) Revenues and other sources over(under) expenditures(64,868)$ 297,616 362,484$ (53,051)$ (35,459) 17,592$ FUND BALANCES, beginning of year258,613 462,472 FUND BALANCES, end of year556,229$ 427,013$ (continued)Street LightingSpecial Revenue FundsFire Department Equipment509 152CITY OF BOZEMAN, MONTANASCHEDULES OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET TO ACTUALNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021VarianceVariancePositivePositiveBudget Actual (Negative) Budget Actual (Negative)REVENUESTaxes-$ -$ -$ -$ -$ -$ Special assessments- - - - - - Licenses and permits- - - - - - Intergovernmental- - - - - - Charges for services- - - - - - Fines and forfeitures- - - - - - Interest on investments4,500 7,157 2,657 - - - Loan repayment- - - - - - Other50,000 328,818 278,818 - - - Total revenues54,500 335,975 281,475 - - - EXPENDITURES - BUDGET UNIT5,000 192,034 (187,034) - - - Revenues over (under) expenditures49,500 143,941 94,441 - - - OTHER FINANCING SOURCESTransfers in- - - - - - Transfers out- - - - - Long-term debt issued- - - - - - Sale of capital assets- - - - - - Total other financing sources (uses)- - - - - - Revenues and other sources over(under) expenditures49,500$ 143,941 94,441$ -$ - -$ FUND BALANCES, beginning of year1,147,200 105 FUND BALANCES, end of year1,291,141$ 105$ (continued)Park LandMunicipal Court RestitutionSpecial Revenue Funds153CITY OF BOZEMAN, MONTANASCHEDULES OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET TO ACTUALNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021VarianceVariancePositivePositiveBudget Actual (Negative) Budget Actual (Negative)REVENUESTaxes-$ -$ -$ 7,365,870$ 7,490,335$ 124,465$ Special assessments- - - 671,593 701,419 29,826 Licenses and permits- - - 2,068,750 2,534,721 465,971 Intergovernmental- - - 2,094,988 2,720,274 625,286 Charges for services4,000,000 6,439,227 2,439,227 18,152,619 21,098,183 2,945,564 Fines and forfeitures- - - 132,500 84,010 (48,490) Interest on investments60,000 4,592 (55,408) 275,130 95,808 (179,322) Loan repayment- - - 52,175 18,570 (33,605) Other1,000 22,192 21,192 1,104,395 773,003 (331,392) Total revenues4,061,000 6,466,011 2,405,011 31,918,020 35,516,323 3,598,303 EXPENDITURES - BUDGET UNIT13,784,530 3,185,853 10,598,677 45,486,915 23,806,771 21,680,144 Revenues over (under) expenditures(9,723,530) 3,280,158 13,003,688 (13,568,895) 11,709,552 25,278,447 OTHER FINANCING SOURCESTransfers in- - - 817,818 1,406,891 589,073 Transfers out- - - (5,012,985) (5,242,261) (229,276) Long-term debt issued- - - - - - Sale of capital assets- - - - 7,792 7,792 Total other financing sources (uses)- - - (4,195,167) (3,827,578) 367,589 Revenues and other sources over(under) expenditures(9,723,530)$ 3,280,158 13,003,688$ (17,764,062)$ 7,881,974 25,646,036$ FUND BALANCES, beginning of year4,725,250 29,033,171 FUND BALANCES, end of year8,005,408$ 36,915,145$ (continued)Special Revenue FundsTotalStreet Impact Fees510 154CITY OF BOZEMAN, MONTANASCHEDULES OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET TO ACTUALNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021Debt Service FundsVarianceVariancePositivePositiveBudget Actual (Negative) Budget Actual (Negative)REVENUESTaxes-$ -$ -$ 2,791,804 3,707,319$ 915,515$ Special assessments- - - - - - Intergovernmental- - - - - - Charges for services- 718 718 - - - Interest on investments50,000 1,657 (48,343) - 2,151 2,151 Loan repayment5,000 19,706 14,706 - - - Other - - - - - - Total revenue55,000 22,081 (32,919) 2,791,804 3,709,470 917,666 EXPENDITURESOther- - - - - - Debt service:Principal- - - 1,900,797 2,205,000 (304,203) Interest and fiscal fees- - - 1,533,007 1,520,363 12,644 Total expenditures- - - 3,433,804 3,725,363 (291,559) Revenues over (under) expenditures55,000 22,081 (32,919) (642,000) (15,893) 626,107 OTHER FINANCING SOURCES (USES)Transfers in- - - - - - Transfers out(4,500,133) - 4,500,133 - - - Proceeds of long-term debt- - - - - - Total other financing sources (uses)(4,500,133) - 4,500,133 - - - Revenues and other sources over (under) expenditures (4,445,133)$ 22,081 4,467,214$ (642,000)$ (15,893) 626,107$ FUND BALANCES, beginning of year3,579,244 73,164 FUND BALANCES, end of year3,601,325$ 57,271$ (continued)G.O. BondsSID Revolving155CITY OF BOZEMAN, MONTANASCHEDULES OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET TO ACTUALNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021VarianceVarianceFavorablePositiveBudget Actual (Unfavorable) Budget Actual (Negative)REVENUESTaxes-$ -$ -$ 2,791,804$ 3,707,319$ 915,515$ Special assessments- - - - - - Intergovernmental- - - - - - Charges for services- - - - 718 718 Interest on investments- - - 50,000 3,808 (46,192) Loan repayment- - - 5,000 19,706 14,706 Other - - - - - - Total revenue- - - 2,846,804 3,731,551 884,747 EXPENDITURESOther- - - - - - Debt service:Principal249,000 424,000 (175,000) 2,149,797 2,629,000 (479,203) Interest and fiscal fees83,448 311,841 (228,393) 1,616,455 1,832,204 (215,749) Total expenditures332,448 735,841 (403,393) 3,766,252 4,461,204 (694,952) Revenues over (under) expenditures(332,448) (735,841) (403,393) (919,448) (729,653) 189,795 OTHER FINANCING SOURCES (USES)Transfers in332,448 734,342 401,894 332,448 734,342 401,894 Transfers out- - - (4,500,133) - 4,500,133 Proceeds of long-term debt- - - - - - Total other financing sources (uses)332,448 734,342 401,894 (4,167,685) 734,342 4,902,027 Revenues and other sources over (under) expenditures-$ (1,499) (1,499)$ (5,087,133)$ 4,689 5,091,822$ FUND BALANCES, beginning of year- 3,652,408 FUND BALANCES, end of year(1,499)$ 3,657,097$ (continued)TIF BondsDebt Service FundsTotal511 156CITY OF BOZEMAN, MONTANASCHEDULES OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES – BUDGET TO ACTUALNONMAJOR GOVERNMENTAL FUNDS (CONTINUED)Year Ended June 30, 2021VariancePositiveBudget Actual (Negative)REVENUESIntergovernmental -$ -$ -$ Charges for services90,500 98,889 8,389 Interest on investments10,0008,541 (1,459) Total revenues100,500 107,430 6,930 EXPENDITURES - BUDGET UNIT- - - Revenues over (under) expenditures100,500 107,430 6,930 OTHER FINANCING SOURCES (USES)- - - Revenues and other sources over(under) expenditures100,500$ 107,430 6,930$ FUND BALANCES, beginning of year1,522,049 FUND BALANCES, end of year1,629,479$ Cemetery Perpetual CarePermanent FundCOMBINING NONMAJOR PROPRIETARY FUNDS 512 NONMAJOR PROPRIETARY FUNDSParking Fund – Accounts for the City’s parking enforcement and facilities operations.Stormwater Fund – Accounts for the City’s stormwater management and mitigation operations.Solid Waste Fund – Accounts for the City’s garbage collection service and recycling operations.157CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF NET POSITIONNONMAJOR PROPRIETARY FUNDSJune 30, 2021Solid Parking StormwaterWaste Fund Fund Fund TotalASSETSCurrent assetsCash and investments 82,492$ 1,491,742$ 1,386,519$ 2,960,753$ Receivables:Accrued interest - 2,967 - 2,967 Customers, net 428,808 112,911 137,978 679,697Special assessments 580 - 520 1,100 Other governments 22,490 - - 22,490Total current assets 534,370 1,607,620 1,525,017 3,667,007 Non-current assetsOther assets:Restricted cash and investments 106,840 549,350 58,288 714,478 Total other assets 106,840 549,350 58,288 714,478 Property, plant and equipment, netNondepreciable:Land 228,673 303,436 - 532,109 Construction in progress - - 23,430 23,430 Depreciable:- Buildings 769,975 11,904,705 24,215 12,698,895 Other structures and improvements 2,155,300 - - 2,155,300 Machinery and equipment 6,664,485 428,507 237,245 7,330,237 Vehicles536,164 151,122 181,940 869,226 Infrastructure118,081 47,058 5,736,396 5,901,535 Property under capital lease- - 519,943 519,943 Accumulated depreciation and amortization(7,378,413) (5,183,735) (961,340) (13,523,488) Net property, plant and equipment3,094,265 7,651,093 5,761,829 16,507,187 Total non current assets3,201,105 8,200,443 5,820,117 17,221,665 Deferred outflows of resourcesOther post-employment benefits58,964 13,858 17,790 90,612 Pension plan contributions317,338 69,403 100,567 487,308 Total deferred outflows of resources376,302 83,261 118,357 577,920 Total assets4,111,777$ 9,891,324$ 7,463,491$ 21,466,592$ (continued)Enterprise FundsBusiness-type Activities513 158CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF NET POSITIONNONMAJOR PROPRIETARY FUNDS (CONTINUED)June 30, 2021Solid Parking StormwaterWaste Fund Fund Fund TotalLIABILITIESCurrent liabilitiesAccounts payable and accrued expenses766,001$ 34,374$ 14,645$ 815,020$ Compensated absences payable 94,059 21,479 41,310 156,848Due to other city funds - - - - Capital lease obligations payable in one year - - - - Closure and post-closure care costs, current portion 310,773 - - 310,773 Bonds and leases payable in one year - - 82,000 82,000 Total current liabilities1,170,833 55,853 137,955 1,364,641 Noncurrent liabilitiesClosure and post-closure care costs 1,175,032 - - 1,175,032 Capital lease obligations - - - - Revenue bonds due after one year - - 1,280,000 1,280,000 Compensated absences payable 45,998 - - 45,998 Other post-employment health benefits 191,125 54,761 33,763 279,649 Appearance bond and other liabilities - - - - Net pension liability1,380,171 301,850 437,388 2,119,409 Total noncurrent liabilities2,792,326 356,611 1,751,151 4,900,088 Total liabilities3,963,159 412,464 1,889,106 6,264,729 Deferred inflows of resourcesOther post-employment benefits 31,089 10,436 4,537 46,062 Pension deferrals 89,712 19,621 28,431 137,764 Total deferred inflows of resources 120,801 30,057 32,968 183,826 NET POSITIONNet Investment in capital assets 3,094,265 7,651,093 4,399,829 15,145,187 Restricted for impact capital projects - - - - Restricted for parking capital projects- 130,316 - 130,316 Restricted for debt service- - 58,288 58,288 Unrestricted(3,066,448) 1,667,394 1,083,300 (315,754) Total net position27,817 9,448,803 5,541,417 15,018,037 Total liabilities, deferred inflows and net position4,111,777$ 9,891,324$ 7,463,491$ 21,466,592$ Enterprise FundsBusiness-type Activities159CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN NET POSITIONNONMAJOR PROPRIETARY FUNDSYear Ended June 30, 2021Solid Parking StormwaterWaste Fund Fund Fund TotalsOPERATING REVENUES 4,969,868$ 1,005,788$ 1,519,994$ 7,495,650$ OPERATING EXPENSESSalaries and benefits 1,703,850 329,857 467,987 2,501,694 Materials and supplies 390,251 20,144 14,930 425,325 Repairs and maintenance 315,369 12,550 18,474 346,393 Utilities 710,487 34,418 7,349 752,254 Administrative charges 799,170 92,239 195,024 1,086,433 Other expenses 656,748 293,428 68,990 1,019,166 Depreciation and amortization439,760 401,057 175,541 1,016,358 Changes in estimated closure and post-closure care costs (71,349) - - (71,349) Total operating expenses 4,944,286 1,183,693 948,295 7,076,274 Operating income (loss) 25,582 (177,905) 571,699 419,376 NON-OPERATING REVENUES (EXPENSES)Interest income 3,901 2,313 6,576 12,790 Interest expense - - (37,437) (37,437) Other income 27,115 16,401 - 43,516 Intergovernmental income 23,984 5,245 7,601 36,830 Gain (loss) on sale of assets3,000 - - 3,000 Total non-operating revenues (expenses) 58,000 23,959 (23,260) 58,699 Income (loss) before contributions and transfers 83,582 (153,946) 548,439 478,075 Contributions of infrastructure - developers - - 497,622 497,622 Transfers in 310,000 124,921 100,000 534,921 Transfers out- - - - Change in net position393,582 (29,025) 1,146,061 1,510,618 NET POSITION, beginning of year(365,765) 9,477,828 4,395,356 13,507,419 NET POSITION, end of year27,817$ 9,448,803$ 5,541,417$ 15,018,037$ Business-type ActivitiesEnterprise Funds514 160CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF CASH FLOWS -NONMAJOR PROPRIETARY FUNDSYear Ended June 30, 2021Solid Parking StormwaterWaste Fund FundFundTotalCASH FLOWS FROM OPERATING ACTIVITIESReceipts from customers4,935,932$ 1,007,685$ 1,514,671$ 7,458,288$ Receipts from others7,625 16,401 - 24,026 Payments to suppliers(2,023,151) (364,124) (133,943) (2,521,218) Payments to employees(1,556,706) (365,687) (479,076) (2,401,469) Payments to internal service funds and administrative fees(799,170) (92,239) (195,024) (1,086,433) Net cash flows from operating activities564,530 202,036 706,628 1,473,194 CASH FLOWS FROM NON-CAPITAL FINANCING ACTIVITIESTransfers in310,000 124,921 100,000 534,921 Receipts from grants and intergovernmental sources23,984 5,245 7,601 36,830 Net cash flows from non-capital financing activities333,984 130,166 107,601 571,751 CASH FLOWS FROM CAPITAL AND RELATEDFINANCING ACTIVITIESAcquisition of capital assets(1,437,269) (99,775) (289,901) (1,826,945) Principal paid on bonds, interfund loans, loans and leases- - (135,936) (135,936) Interest paid on bonds, interfund loans, loans and leases- - (37,437) (37,437) Net cash flows from capital and related financing activities(1,437,269) (99,775) (463,274) (2,000,318) CASH FLOWS FROM INVESTING ACTIVITIESInterest on investments3,901 (654) 6,576 9,823 Net cash flows from investing activities3,901 (654) 6,576 9,823 Net change in cash and investments(534,854) 231,773 357,531 54,450 Cash and investments, beginning of year724,186 1,809,319 1,087,276 3,620,781 Cash and investments, end of year189,332$ 2,041,092$ 1,444,807$ 3,675,231$ (continued)161CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF CASH FLOWS -NONMAJOR PROPRIETARY FUNDS (CONTINUED)Year Ended June 30, 2021Solid Parking StormwaterWaste Fund FundFundTotalCash and investments classified as:Cash and investments82,492$ 1,491,742$ 1,386,519$ 2,960,753$ Restricted cash and investments106,840 549,350 58,288 714,478 Totals189,332$ 2,041,092$ 1,444,807$ 3,675,231$ Noncash transactions: donated infrastructure-$ -$ 497,622$ 497,622$ RECONCILIATION OF OPERATING LOSSTO NET CASH FROM OPERATING ACTIVITIES:Operating income (loss)25,582$ (177,905)$ 571,699$ 419,376$ Adjustments to reconcile operating lossto net cash from operating activities:Depreciation and amortization439,760 401,057 175,541 1,016,358 Change in estimated closure costs(323,723) - - (323,723) Other income 27,115 16,401 - 43,516 Gain (loss) on sale of assets3,000 - - 3,000 Change in assets and liabilities: (Increase) decrease in:Accounts receivable(33,936) 1,897 (5,323) (37,362) Other governments receivable(22,490) - - (22,490) Increase (decrease) in:Accounts payable302,078 (3,584) (24,200) 274,294 Accrued employee benefits payable25,568 (1,026) 6,491 31,033 Net pension liabilities121,576 (34,804) (17,580) 69,192 Total adjustments538,948 379,941 134,929 1,053,818 Net cash from operating activities564,530$ 202,036$ 706,628$ 1,473,194$ 515 INTERNAL SERVICE FUND STATEMENTSINTERNAL SERVICE FUNDSInternal Service Funds are used to account for the goods or services provided by one department to other departments of the City on a cost-reimbursement basis.Vehicle Maintenance Shop – Accounts for the maintenance and repair of vehicles used in operation of City services.Medical Health Insurance – Accounts for insurance premiums received from the various City departments and retirees, and the related costs of health and dental premiums paid to the City’s insurance provider.Public Works Administration – Accounts for the professional level management, engineering, and GIS technical support provided to other Public Works divisions, including water, wastewater, solid waste, stormwater, in addition to support provided to other City departments.516 162CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF NET POSITION -INTERNAL SERVICE FUNDSYear Ended June 30, 2021Vehicle Medical Public Maintenance Health WorksShop Insurance Administration Total ASSETSCurrent assetsCash and equivalents -$ -$ 2,007,636$ 2,007,636$ Customer receivables, net3,582 16,326 - 19,908 Prepaid expenses - 434,175 - 434,175 Total current assets3,582 450,501 2,007,636 2,461,719 Property, plant, and equipmentMachinery and equipment 179,932 - 394,114 574,046 Vehicles85,283 - 112,073 197,356 Buildings 1,424,215 - 121,905 1,546,120 Less: accumulated depreciation(771,867) - (279,966) (1,051,833) Net property, plant, and equipment 917,563 - 348,126 1,265,689 Deferred outflows of resourcesOther post-employment benefits 21,231 - 61,844 83,075 Pension plan contributions 124,249 - 426,403 550,652 Total deferred outflows of resources 145,480 - 488,247 633,727 Total assets and deferred outflows of resources 1,066,625$ 450,501$ 2,844,009$ 4,361,135$ LIABILITIESCurrent liabilitiesAccounts payable 79,758$ -$ 228,161$ 307,919$ Compensated absences payable 30,834 - 166,543 197,377 Current portion of capital lease obligations - - 7,765 7,765 Due to other city funds 591,578 41,206 - 632,784 Total current liabilities702,170 41,206 402,469 1,145,845 Non-current liabilitiesOther post-employment health benefits 62,124- 194,209 256,333 Capital lease obligations- - 7,2417,241 Net pension liability518,540 - 1,838,958 2,357,498 Total non-current liabilities580,664 - 2,040,408 2,621,072 Total liabilities1,282,834 41,206 2,442,877 3,766,917 Deferred inflows of resourcesOther post-employment health benefits 9,014- 28,275 37,289 Pension deferrals29,087 - 116,246 145,333 Total deferred inflows of resources38,101 - 144,521 182,622 NET POSITIONNet investment in capital assets917,563 - 333,120 1,250,683 Unrestricted(1,171,873) 409,295 (76,509) (839,087) Total net position(254,310) 409,295 256,611 411,596 Total liabilities, deferred inflows of resources and net position 1,066,625$ 450,501$ 2,844,009$ 4,361,135$ 163CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN NET POSITION -INTERNAL SERVICE FUNDSYear Ended June 30, 2021Vehicle Medical Public Maintenance Health WorksShop Insurance Administration TotalOPERATING REVENUES 1,645,934$ 5,413,756$ 3,717,328 10,777,018$ OPERATING EXPENSESSalaries and benefits706,132 - 2,254,378 2,960,510 Materials and supplies 969,604 - 73,328 1,042,932 Repairs and maintenance 16,080 - 2,961 19,041 Utilities 26,257 - 7,984 34,241 Administrative charges 211,816 - 282,597 494,413 Insurance claims - 5,370,303 - 5,370,303 Other expenses 40,330 76,131 747,091 863,552 Depreciation 57,686 - 62,136 119,822 Total operating expenses 2,027,905 5,446,434 3,430,475 10,904,814 Operating income (loss) (381,971) (32,678) 286,853 (127,796) NON-OPERATING REVENUES (EXPENSES)Interest income - - 9,046 9,046Interest expense (1,726) (388) (1,304) (3,418) Other income 345 10,792 195 11,332Intergovernmental income 10,487 - 33,007 43,494 Gain (loss) on sale of assets4,904 - - 4,904 Total non-operating revenue (expenses) 14,010 10,404 40,944 65,358 Income before transfers (367,961) (22,274) 327,797 (62,438) Transfers in - - - - Change in net position (367,961) (22,274) 327,797 (62,438) NET POSITION, beginning of year113,651 431,569 (71,186) 474,034 NET POSITION, end of year(254,310)$ 409,295$ 256,611$ 411,596$ 517 164CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF CASH FLOWS -INTERNAL SERVICE FUNDSYear Ended June 30, 2021Vehicle MedicalPublic Maintenance HealthWorksShop InsuranceAdministrationTotalCASH FLOWS FROM OPERATIONSReceipts from customers 1,643,333$ 5,420,955$ 3,717,328$ 10,781,616$ Receipts from others 10,832 10,792 33,202 54,826 Operating loans from other City funds 259,246 (6,505) - 252,741 Payments to suppliers (998,812) (76,131) (594,392) (1,669,335) Payments to employees (692,760) (5,348,723) (2,232,604) (8,274,087) Payments to Internal Service Funds and administrative fees (211,816) - (282,597) (494,413) Net cash flows from operating activities10,023 388 640,937 651,348 CASH FLOWS FROM CAPITAL ANDRELATED FINANCING ACTIVITIESAdditions to property, plant and equipment (13,201) - (132,215) (145,416) Proceeds from sale of capital assets4,904 - - 4,904 Proceeds from issuance of long-term debt- - - - Principal paid on bonds, interfund loans, loans and leases- - (6,459) (6,459) Interest paid on bonds, interfund loans, loans and leases (1,726) (388) (1,304) (3,418) Net cash flows from capital and related financing activities(10,023) (388) (139,978) (150,389) CASH FLOWS FROM NON-CAPITAL FINANCING ACTIVITIESTransfers in- - - - CASH FLOWS FROM INVESTING ACTIVITIESInterest on investments - - 9,046 9,046 Net increase (decrease) in cash and cash equivalents - - 510,005 510,005 CASH AND EQUIVALENTS, beginning of year - - 1,497,631 1,497,631 CASH AND EQUIVALENTS, end of year -$ -$ 2,007,636$ 2,007,636$ (continued)165CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF CASH FLOWS -INTERNAL SERVICE FUNDS (CONTINUED)Year Ended June 30, 2021Vehicle MedicalPublic Maintenance HealthWorksShop InsuranceAdministrationTotalRECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH FROM OPERATING ACTIVITIESOperating income (loss)(381,971)$ (32,678)$ 286,853$ (127,796)$ Adjustments to reconcile operating income (loss)to net cash from operating activities:Depreciation57,686 - 62,136 119,822 Other income10,832 10,792 33,202 54,826 Changes in assets and liabilities:(Increase) decrease in:Other receivablesCustomer receivables(2,601) 7,199 - 4,598 Prepaid expenses- 21,580 - 21,580 Increase (decrease) in:Accounts payable8,040 - 94,017 102,057 Due to other city funds259,246 (6,505) - 252,741 Compensated absences payable7,587 - 4,804 12,391 Other post-employment health benefits 5,785 - 16,967 22,752 Net pension45,419 - 142,958 188,377 Total adjustments391,994 33,066 354,084 779,144 Net cash from operating activities10,023$ 388$ 640,937$ 651,348$ 518 FIDUCIARY FUND STATEMENTSFIDUCIARY FUNDSCUSTODIAL FUNDSCustodial funds are used to account for assets held by the City as an agent for individuals, private organizations, other governments, and/or other funds. Custodial funds are used to report fiduciary activities that are not required to be reported in pension (or other employee benefit) trust funds, investment trust funds, or private-purpose trust funds. Tourism Business Improvement District – Accounts for amounts collected from hotels on behalf of the District, a special-purpose government, whose purpose is to enhance the economic vitality of Bozeman by promoting tourism through sales and marketing strategies.Municipal Court – Accounts for monies held for appearance bonds and restitution. 519 166CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF FIDUCIARY NET POSITION –CUSTOD,AL FUNDSJune 30, 2021Tourism Municipal Business Improvement Total of Court District Custodial FundsASSETSCash and investments 419,607$ 50,170$ 469,777$Customer receivables2,607 - 2,607Total assets 422,214$ 50,170$ 472,384$LIABILITIES Accounts payable425,176-425,176NET POSITIONRestricted for other organization or individuals(2,962)50,17047,208Total liabilities and net position422,214$50,170$472,384$167CITY OF BOZEMAN, MONTANACOMBINING STATEMENT OF CHANGES IN FIDUCIARY NET POSITION –CUSTODIAL FUNDSYear Ended June 30, 2021Tourism Municipal Business Improvement Total of Court District Custodial FundsADDITIONSContributionsInterest income -$ 1,591$ 1,591$ DEDUCTIONSMiscellaneous 156 - 156 Change in net position(156) 1,591 1,435 NET POSITION - Beginning of Year- - - Restatements(2,806) 48,579 45,773 NET POSITION - End of Year(2,962)$ 50,170$ 47,208$ 520 PART IIISTATISTICAL SECTIONStatistical SectionThis part of the City of Bozeman’s annual comprehensive financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures ad required supplementary information says about the government’s overall financial health.ContentsPageFinancial Trends These schedules contain trend information to help the reader understand how the government’s financial performance and well-being have changed over time.168Revenue Capacity These schedules contain information to help the reader assess the government’s most significant local revenue source, the property tax.173Debt Capacity These schedules present information to help the reader assess the affordability of the government’s current levels of outstanding debt and the government’s ability to issue additional debt in the future. 184Demographic and Economic Information These schedules offer demographic and economic indicators to help the reader understand the environment within which the government’s financial activities take place.193Operating Information These schedules contain service and infrastructure data to help the reader understand how the information in the government’s financial report relates to the services the government provides and the activities it performs. 195Sources: Unless otherwise notes, the information in these schedules is derived from the City of Bozeman annual comprehensive financial reports for the relevant year.521 FINANCIAL TRENDS SECTION168CITY OF BOZEMAN, MONTANANET POSITION BY COMPONENTPast Ten Fiscal Years2012201320142015201620172018201920202021Governmental activitiesNet investment in capital assets 88,500,437$ 89,081,484$ 89,267,076$ 93,409,850$ 104,342,191$ 115,696,956$ 137,058,945$ 155,191,911$ 118,577,368$ 196,931,242$Restricted 20,797,365 27,255,029 35,621,803 41,755,126 42,829,320 41,583,992 36,522,195 21,202,050 69,208,376 47,281,977 Unrestricted 15,470,543 11,521,053 12,127,224 (5,137,642) (3,923,466) (4,839,467) (5,514,909) 4,799,426 27,280,681 (10,207,301) Total governmental activities124,768,345$127,857,566$137,016,103$130,027,334$143,248,045$152,441,481 168,066,231 181,193,387 215,066,425 234,005,918 Business-type activitiesNet investment in capital assets192,485,459$199,394,551$205,501,357$211,419,777$221,385,655$229,372,281$239,254,236$245,190,586$260,124,896$271,812,360$Restricted11,446,886 3,098,125 3,372,927 4,977,984 4,990,635 8,866,951 13,070,517 12,671,931 12,307,565 14,839,596 Unrestricted2,809,558 10,643,337 8,723,353 6,619,399 10,582,408 9,154,014 12,923,470 21,053,523 25,801,918 23,152,084 Total business-type activities206,741,903$213,136,013$217,597,637$223,017,160$236,958,698$247,393,246 265,248,223 278,916,040 298,234,379 309,804,040 Primary governmentNet investment in capital assets280,985,896$288,476,035$294,768,433$304,829,627$325,727,846$345,069,237$376,313,181$400,382,497$413,581,765$468,743,602$Restricted32,244,251 30,353,154 38,994,730 46,733,110 47,819,955 50,450,943 49,592,712 33,873,981 81,515,941 62,121,573 Unrestricted18,280,101 22,164,390 20,850,577 1,481,757 6,658,942 4,314,547 7,408,561 25,852,949 53,082,599 12,944,783 Total primary government net position331,510,248$340,993,579$354,613,740$353,044,494$380,206,743$399,834,727$433,314,454$460,109,427$548,180,305$543,809,958$Fiscal Years522 169CITY OF BOZEMAN, MONTANACHANGES IN NET POSITION Past Ten Fiscal Years(accrual basis of accounting)2012201320142015201620172018201920202021ExpensesGovernmental Activities:General Government 8,706,665$ 7,373,368$ 6,989,830$ 7,417,644$ 8,058,925$ 9,415,702$ 9,896,366$ 10,310,075$ 9,854,245$ 11,517,404$ Public Safety 13,215,680 14,340,301 15,297,088 17,023,578 18,391,357 17,689,004 18,637,422 19,699,377 20,664,687 22,698,030 Public Service 8,174,461 3,939,061 6,031,768 6,458,930 6,861,939 7,857,917 8,615,272 9,850,802 9,781,345 11,018,661 Public Welfare7,249,008 6,518,822 7,417,158 7,579,653 7,994,697 9,210,264 9,476,010 9,658,817 10,354,632 13,429,890 Other- - - - - - - Interest and Fiscal Fees636,478 433,766 179,280 824,266 893,470 771,714 781,255 786,236 1,763,155 2,105,985 Total Governmental Activities Expenses37,982,292$ 32,605,318$ 35,915,124$ 39,304,071$ 42,200,388$ 44,944,601$ 47,406,325$ 50,305,307$ 52,418,064$60,769,970$ Business-Type Activities:Water11,674,222$ 6,154,746$ 6,869,870$ 7,995,910$ 9,273,395$ 9,740,629$ 9,832,508$ 9,984,114$ 9,807,970$ 10,687,976$ Waste Water10,203,165 6,121,663 8,955,592 6,940,983 8,163,312 8,590,477 8,548,138 9,291,509 9,209,689 10,209,279 Solid Waste2,584,899 2,475,680 6,958,209 3,308,441 4,570,884 4,262,650 4,535,865 4,739,710 4,665,613 4,991,829 Non-Major Activities990,229 852,561 966,454 1,098,771 1,300,612 1,827,722 2,011,950 2,043,748 2,355,962 2,194,890 Total Business-Type Activities Expenses25,452,515$ 15,604,650$ 23,750,125$ 19,344,105$ 23,308,203$ 24,421,478$ 24,928,461$ 26,059,081$ 26,039,234$28,083,974$ Total Primary Government Expenses63,434,807$ 48,209,968$ 59,665,249$ 58,648,176$ 65,508,591$ 69,366,079$ 72,334,786$ 76,364,388$ 78,457,298$88,853,944$ Program RevenuesGovernmental Activities: Charges for Services:General Government1,949,125$ 1,966,966$ 2,453,015$ 1,947,445$ 2,530,474$ 2,683,016$ 3,139,427$ 3,777,184$ 3,546,689$ 4,380,033$ Public Safety2,638,811 3,219,231 3,290,573 3,211,911 3,347,859 3,175,257 2,234,994 4,158,560 4,020,453 4,260,366 Public Service4,983,420 6,655,604 7,623,178 8,784,447 9,310,147 10,342,921 15,531,304 12,189,258 16,522,229 18,836,107 Public Welfare1,102,896 1,593,212 613,322 1,097,845 1,213,526 1,414,394 1,593,025 1,724,864 1,567,557 5,294,909 Operating Grants and Contributions566,586 406,239 457,354 2,254,052 2,494,244 2,715,986 3,021,400 5,419,871 7,622,415 12,156,812 Capital Grants and Contributions635,758 844,935 4,762,416 2,960,051 5,018,559 2,667,352 7,651,008 6,593,221 15,429,642 4,518,830 Total Governmental Activities Program Revenues 11,876,596$ 14,686,187$ 19,199,858$ 20,255,751$ 23,914,809$ 22,998,926$ 33,171,158$ 33,862,958$ 48,708,985$49,447,057$ Business-Type Activities Charges for Services:Water7,921,483$ 9,585,939$ 9,842,699$ 9,969,058$ 11,935,016$ 11,166,944$ 12,915,454$ 11,438,495$ 11,913,879$13,970,784$ Waste Water7,488,473 8,560,438 8,852,738 9,008,247 9,283,600 9,668,524 10,686,506 10,445,185 10,671,361 11,691,165 Solid Waste2,570,644 2,532,676 2,725,465 2,953,414 2,617,243 3,613,721 3,926,123 4,228,099 4,631,523 4,969,868 Non-Major Activities382,968 644,672 872,325 891,379 3,207,605 2,172,399 2,282,839 2,308,182 2,457,485 2,525,782 Operating Grants and Contributions- - 9,596 123,439 134,946 169,509 134,523 83,264 104,868 243,536 Capital Grants and Contributions:566,138 156,123 5,898,923 6,385,418 11,287,654 7,774,707 9,944,719 8,324,760 13,312,504 5,427,166 Total Business-Type Activities Program Revenues 18,929,706$ 21,479,848$ 28,201,746$ 29,330,955$ 38,466,064$ 34,565,804$ 39,890,164$ 36,827,985$ 43,091,620$38,828,301$ Total Primary Government Program Revenues 30,806,302$ 36,166,035$ 47,401,604$ 49,586,706$ 62,380,873$ 57,564,730$ 73,061,322$ 70,690,943$ 91,800,605$88,275,358$ Fiscal Year170CITY OF BOZEMAN, MONTANACHANGES IN NET POSITION (CONTINUED)Past Ten Fiscal Years(accrual basis of accounting)2012201320142015201620172018201920202021Net (Expense) / RevenueGovernmental Activities (26,105,696)$ (17,919,131)$ (16,715,266)$ (19,048,320)$ (18,285,579)$ (21,945,675)$ (14,235,167)$ (16,442,349)$ (3,709,079)$ (11,322,913)$Business-Type Activities (6,522,809) 5,875,198 4,060,921 9,986,850 15,157,861 10,144,326 14,961,703 10,768,904 17,052,386 10,744,327 Total Primary Government Net Expense (32,628,505)$ (12,043,933)$ (12,654,345)$ (9,061,470)$ (3,127,718)$ (11,801,349)$ 726,536$ (5,673,445)$ 13,343,307$ (578,586)$ General Revenues and Other Changes in Net PositionGovernmental Activities: TaxesProperty Taxes 15,716,055$ 16,429,959$ 17,561,022$ 20,203,718$ 21,234,288$ 21,708,812$ 22,532,724$ 23,823,994$ 28,308,301$ 27,115,391$ Unrestricted Grants and Contributions 6,898,717 6,342,884 7,436,419 7,699,711 7,992,180 8,372,625 6,171,297 4,658,177 4,859,238 4,956,187 Investment Earnings 283,090 243,744 355,790 403,152 519,637 554,870 64,058 1,490,286 1,604,365 428,653 Miscellaneous 155,484 - 293,884 374,966 418,215 1,317,137 2,320,536 1,009,437 1,128,061 (1,722,976) Gain (Loss) on sale of assets 4,414 1,765 236,688 - 123,934 (71,335) 28,861 167,291 16,862 20,072 Transfers of Capital Assets (2,088) - - - - - Transfers (37,136) (10,000) (10,000) (410,016) 1,218,036 (742,999) (758,084) (475,000) (546,353) (534,921) Extraordinary Items- - - - - Total Governmental Activities23,018,536$ 23,008,352$ 25,873,803$ 28,271,531$ 31,506,290$ 31,139,110$ 30,359,392$ 30,674,185$ 35,370,474$30,262,406$ Business-Type Activities: Unrestricted Grants and Contributions2,115$ 508,912$ -$ -$ -$ -$ -$ -$ -$ -$ Investment Earnings- - - - - 304,231 3,389 1,010,849 846,331 38,987 Transfers of Capital Assets2,088 - - - - - - - - - Miscellaneous- - - - - 1,256,284 2,529,824 362,631 518,162 233,508 ARRA Debt Forgiveness- - 390,700 - - - - - - - Gain (Loss) on sale of assets- - - - - (2,013,292) 10,005 (172,428) 4,012 17,918 Transfers37,136 10,000 10,000 380,347 (1,218,036) 742,999 758,084 475,000 546,353 534,921 Total Business-Type Activities41,339 518,912 400,700 380,347 (1,218,036) 290,222 3,301,302 1,676,052 1,914,858 825,334 Total Primary Government23,059,875 23,527,264 26,274,503 28,651,878 30,288,254 31,429,332 33,660,694 32,350,237 37,285,332 31,087,740 Restatement of Beginning Net PositionGovernmental Activities-$ -$ -$ -$ -$ -$ -$ (1,104,680)$ 2,211,643$ -$ Business-Type Activities- - - - - - - 1,222,861 351,095 - Total Primary Government-$ -$ -$ -$ -$ -$ -$ 118,181$ 2,562,738$ -$ Change in Net PositionGovernmental Activities(3,087,160)$ 5,089,221$ 9,158,537$ 9,223,211$ 13,220,711$ 9,193,435$ 16,124,225$ 13,127,156$ 33,873,038$18,939,493$ Business-Type Activities(6,481,470) 6,394,110 4,461,621 10,367,197 13,939,825 10,434,548 18,263,005 13,667,817 19,318,339 11,569,661 Total Primary Government(9,568,630)$ 11,483,331$ 13,620,158$ 19,590,408$ 27,160,536$ 19,627,983$ 34,387,230$ 26,794,973$ 53,191,377$30,509,154$ Fiscal Year523 171CITY OF BOZEMAN, MONTANAFUND BALANCE - GOVERNMENT FUNDSPast Ten Fiscal Years(modified accrual basis of accounting)2012201320142015201620172018201920202021General FundReserved-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Unreserved- - - - - - - - - - Nonspendable- - - - - - - - - - Restricted- - - - - - - - - - Committed- - - - - - - - - - Assigned7,062,964 7,327,375 6,420,760 6,061,965 5,541,841 6,402,882 7,739,020 7,739,582 8,110,313 9,183,265 Unassigned264,091 - 193,534 - 979,258 87,274 (274,252) - 1,030,550 - Total general fund7,327,055$ 7,327,375$ 6,614,294$ 6,061,965$ 6,521,099$ 6,490,156$ 7,464,768$ 7,739,582$ 9,140,863$ 9,183,265$ All Other Governmental Reserved-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Unreserved, reported in:Special revenue funds- - - - - - - - - - Capital projects funds- - - - - - - - - - Debt service funds- - - - - - - - - - Nonspendable1,113,484 1,193,530 1,269,557 2,061,790 1,426,575 1,533,338 1,623,816 1,735,591 1,796,174 1,884,479 Restricted19,683,881 26,061,499 19,927,526 12,546,935 39,856,356 38,938,127 34,403,744 23,129,241 65,273,723 61,818,904 Committed3,463,714 851,322 3,075,505 3,088,936 3,528,263 3,901,694 3,856,238 4,279,091 4,328,163 3,621,644 Assigned- - 229,602 - 7,425,398 7,259,749 1,868,485 1,293,436 578,852 96,473 Unassigned(51,586) 456,669 (184,101) (97,173) 914,535 107,103 (42,648) 8,731,534 (125,584) 662,773 Total all other governmental funds24,209,493$ 28,563,020$ 24,318,089$ 17,600,488$ 53,151,127$ 51,740,011$ 41,709,635$ 39,168,893$ 71,851,328$ 68,084,273$Note: The City of Bozeman implemented the new standards for reporting fund balance GASB Statement 54 in fiscal year 2011Fiscal Year172CITY OF BOZEMAN, MONTANACHANGES IN FUND BALANCES - GOVERNMENT FUNDSPast Ten Fiscal Years(modified accrual basis of accounting)2012201320142015201620172018201920202021RevenuesTaxes 16,057,318 16,540,972 17,385,371 20,404,236 21,303,074 21,682,667$ 22,553,972$ 23,788,018$ 28,321,349$ 26,973,106$ Special assessments1,898,007 1,752,615 2,011,944 1,578,855 1,265,954 1,163,275$ 1,137,103$ 1,116,925$ 1,390,355$ 1,676,909$ Licenses and permits1,214,705 1,629,744 1,784,282 1,827,842 2,112,090 2,092,673$ 2,541,727$ 2,392,081$ 2,524,368$ 2,902,616$ Intergovernmental 7,697,637 7,586,007 8,208,770 8,562,937 8,920,424 8,956,044$ 9,419,104$ 10,488,662$ 12,600,824$ 15,297,152$ Charges for service 6,891,594 8,806,969 9,656,123 10,629,791 12,283,683 13,743,830$ 17,885,529$ 16,987,622$ 20,142,910$ 24,847,833$ Fines and forfeitures 1,364,617 1,394,652 1,411,162 1,305,166 1,253,705 1,256,525$ 1,240,154$ 1,234,324$ 1,199,601$ 1,168,880$ Interest on investments 281,239 239,778 329,086 370,305 479,699 520,690$ 34,709$ 1,439,743$ 1,343,201$ 155,647$ Loan repayment 306,385 157,069 63,980 94,989 38,552 31,837$ 25,827$ 31,695$ 44,930$ 38,276$ Other 155,484 394,677 287,089 363,274 415,646 1,307,668$ 2,313,097$ 995,553$ 1,790,144$ 1,766,620$ Total revenues35,866,986 38,502,483 41,137,807 45,137,395 48,072,827 50,755,209 57,151,222 58,474,623 69,357,682 74,827,039 ExpendituresGeneral government6,266,566 7,276,839 6,138,575 6,594,474 7,318,539 7,643,886 8,268,285 8,782,078 9,280,183 10,449,026 Public safety12,513,270 13,822,691 14,637,886 15,086,695 16,485,549 16,812,131 17,602,966 18,005,944 19,598,592 19,778,375 Public service2,738,066 2,805,612 3,498,770 3,786,283 3,840,405 4,422,771 4,955,559 5,774,783 5,376,499 5,868,383 Public welfare6,184,073 6,216,387 6,678,347 7,366,955 7,245,425 7,654,059 7,975,354 8,339,885 9,046,331 11,690,142 Other- 15,776 1,046,712 1,113,340 418,431 506,169 655,532 728,642 665,517 3,500,760 Capital outlay3,881,388 2,782,435 8,053,456 9,905,333 9,337,470 12,468,020 18,420,501 19,106,110 24,265,809 32,608,736 Debt service- Principal3,235,664 1,826,126 1,482,142 1,121,593 1,345,250 1,422,555 1,500,687 1,635,369 6,639,947 3,188,603 Interest & Fiscal Fees666,082 445,736 380,950 824,266 893,470 771,714 718,597 786,238 1,763,155 2,105,985 Total expenditures35,485,109 35,191,602 41,916,838 45,798,939 46,884,539 51,701,305 60,097,481 63,159,049 76,636,033 89,190,010 Excess of revenuesover (under) expenditures381,877 3,310,881 (779,031) (661,544) 1,188,288 (946,096) (2,946,259) (4,684,426) (7,278,351) (14,362,971) Other Financing Sources (Uses)Proceeds from borrowing- - - - - Transfers in3,482,550 4,291,417 3,103,787 4,816,671 6,483,413 3,950,059 4,394,277 4,202,825 8,867,568 5,976,400 Transfers out(3,821,010) (4,454,505) (3,113,787) (5,197,018) (5,496,492) (4,693,058) (5,152,361) (4,677,825) (9,413,920) (6,511,321) Issuance of debt3,357,798 1,203,279 10,012,647 5,619,361 47,406 234,702 1,103,586 2,859,598 41,878,844 10,501,000 Premium on Bonds Issued- - - - - - - - - 649,009 Payments to Refunded Bond Escrow Agent(3,120,000) - - - - - - - - - Sales of capital assets59,204 2,775 243,092 64,855 227,984 43,277 35,144 33,898 29,567 23,744 Total other financing sources (uses)(41,458) 1,042,966 10,245,739 5,303,869 1,262,311 (465,020) 380,646 2,418,496 41,362,059 10,638,832 Extraordinary itemsNet change in fund balances340,419$ 4,353,847$ 9,466,708$ 4,642,325$ 2,450,599$ (1,411,116)$ (2,565,613)$ (2,265,930)$ 34,083,708$ (3,724,139)$ Debt service as a percentage of 12.3%7.0%5.5%5.4%6.0%5.6%5.3%5.5% 16.0%9.4%noncapital expendituresFiscal Year524 REVENUE CAPACITY SECTION173CITY OF BOZEMAN, MONTANAASSESSED VALUE OF TAXABLE PROPERTYPast Ten Fiscal YearsFiscalTotal Total Assessed TaxableYear Taxable Direct Total Value ** as a Ended Residential Commercial & Other Assessed Tax Market Percentage ofJune 30,PropertyIndustrial PropertyPropertyValue **RateValue *Total Market Value2011 45,023,440 30,551,620 4,823,940 80,399,000 168.75 2,827,548,097 2.843%2012 45,954,720 31,183,560 4,923,720 82,062,000 166.75 2,994,740,226 2.740%2013 46,606,560 31,625,880 4,993,560 83,226,000 166.75 3,176,282,865 2.620%2014 47,956,720 32,542,060 5,138,220 85,637,000 173.08 3,386,295,608 2.529%2015 50,978,520 31,641,840 5,273,640 87,894,000 188.76 3,598,269,877 2.443%2016 50,899,738 29,864,642 5,799,800 86,564,180 210.16 5,698,588,679 1.519%2017 52,777,954 30,966,657 6,013,815 89,758,426 205.30 5,870,738,906 1.529%2018 56,952,419 37,199,199 7,043,156 101,194,775 187.33 6,745,351,312 1.500%2019 58,712,093 38,348,553 7,260,771 104,321,416 191.24 6,981,943,409 1.494%2020 70,588,175 46,105,567 8,729,455 125,423,197 187.70 8,596,253,775 1.459%2021 87,432,389 57,107,580 10,812,534 155,352,503 165.62 10,724,564,866 1.449%Source: Based on information provided by Gallatin County and Montana Department of RevenueNote: Property in Gallatin County is reassessed by the State Department of Revenue every two years. * Sales price of property is not public record in the State of Montana, so the Total Market Value was used instead** Includes tax-exempt property525 174CITY OF BOZEMAN, MONTANACITY TAXABLE MARKET AND TAXABLE VALUESPast Ten Fiscal YearsFiscalNet Taxable ValueYear Incremental Value(excludes Tax Taxable Value EndedTaxableFullfor All TaxIncrement Districtsfor Open Space June 30,Market ValueTaxable ValueIncrement DistrictsIncremental Values)Purposes20122,994,740,226 85,345,227 3,282,766 82,062,461 n/a *20133,176,282,865 86,934,533 3,708,138 83,226,395 n/a *20143,386,295,608 89,650,917 4,013,561 85,637,356 85,615,328 20153,598,269,877 92,081,322 4,186,781 87,894,541 90,735,030 20165,698,588,679 90,787,797 4,223,617 86,564,180 91,973,923 20175,870,738,906 94,102,761 4,344,335 89,758,426 93,212,816 20186,745,351,312 106,224,806 5,030,031 101,194,775 105,727,520 20196,981,943,409 109,713,782 5,392,366 104,321,416 191,152,592 20208,596,253,775 133,582,036 8,158,839 125,423,197 133,391,037 2021 10,724,564,866 166,838,141 11,485,638 155,352,503 137,765,762 Source: Based on information provided by Gallatin County and Montana Department of RevenueNote: Property is assessed by the State Department of Revenue every two years.* No certified value available, first certification available for FY2014175CITY OF BOZEMAN, MONTANATAX INCREMENT DISTRICT TAXABLE VALUATION DETAILPast Ten Fiscal YearsFiscalYearEnded Base Incremental Total Base Incremental Total Base Incremental TotalJune 30,TaxableTaxableTaxableTaxableTaxableTaxableTaxableTaxableTaxable2012 1,328,695 2,251,286 3,579,981 423,054 133,197 556,251 2,886,997 840,137 3,727,134 2013 1,328,695 2,396,293 3,724,988 423,054 150,217 573,271 2,886,997 1,084,216 3,971,213 2014 1,328,695 2,586,963 3,915,658 423,054 172,608 595,662 2,886,997 1,193,297 4,080,294 2015 1,328,695 2,718,220 4,046,915 423,054 190,579 613,633 2,886,997 1,225,604 4,112,601 2016 1,328,695 2,898,551 4,227,246 423,054 214,470 637,524 2,886,997 1,055,385 3,942,382 2017 1,328,695 3,068,902 4,397,597 423,054 193,281 616,335 3,473,127 1,003,546 4,476,673 2018 1,328,695 3,769,917 5,098,612 423,054 223,765 646,819 3,507,723 948,746 4,456,469 2019 1,328,695 4,159,996 5,488,691 423,054 229,047 652,101 3,507,723 982,574 4,490,297 2020 1,328,695 5,987,410 7,316,105 423,054 457,274 880,328 3,507,723 1,714,155 5,221,878 2021 1,328,695 6,247,663 7,576,358 423,054 477,252 900,306 3,507,723 1,707,571 5,215,294 FiscalYearEndedBase Incremental TotalBase Incremental TotalBase Incremental TotalJune 30,TaxableTaxableTaxableTaxableTaxableTaxableTaxableTaxableTaxable2012- - - 4,638,746 3,224,620 7,863,366 2013- - - 4,638,746 3,630,726 8,269,472 2014417 - 417 4,639,163 3,952,868 8,592,031 2015417 3 420 4,639,163 4,134,406 8,773,569 2016417 - 417 4,639,163 4,168,406 8,807,569 2017417 - 283 5,225,293 4,265,729 9,491,022 2018417 - 305 5,259,889 4,942,428 10,202,317 2019244,332 20,749 265,081 417 - 305 5,504,221 5,392,366 10,896,587 2020244,332 - 242,439 417 - 327 5,504,221 8,158,839 13,661,077 2021244,332 - 244,332 417 - 417 5,504,221 8,432,486 13,936,707 Source: Based on information provided by Gallatin County and Montana Department of RevenueNote: Property is assessed by the State Department of Revenue every two years.*Previously North 7th Corridor*New district created in FY19NORTH PARK URBAN RENEWAL**BOZEMAN TECHNOLOGYTOTALBOZEMAN DOWNTOWNNORTHEAST URBAN RENEWAL DISTRICTBOZEMAN MIDTOWN*526 176CITY OF BOZEMAN, MONTANADOWNTOWN BOZEMAN IMPROVEMENT DISTRICT & COMPARISON TO CITY TAXABLE VALUEPast Ten Fiscal YearsFiscal TaxableCity Taxable Value The District's Year Market Value Taxable Value of Incremental(Excluding ALL taxIncremental TaxableEnded of Property in Property in the Taxableincrement districtValue as Percentage ofJune 30,the DistrictDistrictValuevaluations)City's Taxable Value2012 129,285,686 3,579,981 2,251,286 82,062,461 2.74%2013 142,099,662 3,724,988 2,396,293 83,226,395 2.88%2014 153,063,721 3,915,658 2,586,963 85,367,356 3.03%2015 190,128,511 4,046,915 2,718,220 87,894,541 3.09%2016 259,138,001 4,227,246 2,898,551 86,564,180 3.35%2017 265,793,431 4,397,597 3,068,902 89,758,426 3.42%2018 297,005,720 5,098,612 3,769,917 101,194,775 3.73%2019 319,728,707 5,488,691 4,159,996 104,321,416 3.99%2020 447,565,041 7,316,105 5,987,410 125,423,197 4.77%2021 465,530,358 9,222,257 6,247,663 155,352,503 4.02%Source: Based on information provided by Gallatin County and Montana Department of RevenueNote: Property is assessed by the State Department of Revenue every two years.Downtown Bozeman Improvement District177CITY OF BOZEMAN, MONTANAPROPERTY TAX LEVIES IN THE DOWNTOWN BOZEMAN IMPROVEMENT DISTRICTPast Ten Fiscal YearsTaxing Entity2012 2013 2014 2015 2016 2017 2018 2019 2020Statewide School Equalization40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 Gallatin County Operating and Bond88.69 87.40 88.38 89.55 99.77 100.41 91.23 98.87 91.17 Open Space Bond5.99 4.89 4.90 4.95 5.03 5.85 5.13 4.69 3.90 County-Wide School95.61 96.47 101.28 99.94 106.85 105.39 99.67 102.44 96.45 Bozeman High School District73.48 71.81 73.16 72.97 76.76 77.25 73.10 108.95 92.77 Bozeman Elementary School District 123.38 131.45 145.25 143.70 151.15 154.81 146.92 142.63 125.90 City of Bozeman166.75 166.75 173.08 188.76 210.16 205.30 187.33 191.24 187.70 TOTAL593.90 598.77 626.05 639.87 689.72 689.01 643.38 688.82 637.89 Exempt from Tax IncrementUniversity Millage6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 Gallatin Conservation District1.00 0.98 0.97 0.95 1.05 1.01 0.89 0.91 0.77 County-Wide Planning2.40 2.39 2.39 2.35 2.39 2.39 2.48 2.50 2.22 Source: Based on information provided by Gallatin County and Montana Department of RevenueNote: Property is assessed by the State Department of Revenue every six years and beginning in 2017 every two years.Fiscal Year527 178CITY OF BOZEMAN, MONTANADIRECT AND OVERLAPPING PROPERTY TAX RATESPast Ten Fiscal Years(rate per $1,000 of assessed value)FiscalGeneralTotalYearObligation DirectBozemanEnded BasicDebtTaxSchoolGallatinState ofJune 30,RateServiceRateDistrictCountyMontana2012157.19 9.56 166.75 196.86 215.77 46.00 2013158.38 8.37 166.75 203.26 215.10 46.00 2014164.83 8.25 173.08 218.41 221.00 46.00 2015177.52 11.24 188.76 216.67 215.78 46.00 2016194.51 15.65 210.16 227.91 241.69 46.00 2017190.17 15.13 205.30 232.06 241.69 46.00 2018173.92 13.41 187.33 220.02 223.33 46.00 2019178.22 13.02 191.24 251.58 206.00 46.00 2020162.45 25.63 188.08 218.67 191.52 46.00 2021136.87 28.75 165.62 219.35 194.33 46.00 Source: Based on information provided by Gallatin County and Department of Revenue179CITY OF BOZEMAN, MONTANAPRINCIPAL PROPERTY TAX PAYERSCurrent Year and Ten Years AgoPercentagePercentageof Total Cityof Total CityTaxableTaxableTotalTaxableAssessedAssessedAssessedAssessedTaxpayerValueRankValueValueRankValueNorthwestern Energy - Transmission & Distribution 6,339,111 1 4.75% 3,102,385 1 3.84%CCC Bozeman LLC761,000 2 0.57%Verizon Inc 625,712 3 0.47%Charter Communications Inc (formerly Bresnan)545,175 4 0.41% 1,053,442 3 1.30%Harry Daum - Gallatin Mall 532,374 5 0.40% 515,630 5 0.64%GKT Bozeman Gateway LLC & 514,332 6 0.39%NB Stadium View DST 483,105 7 0.36%Springs VII at Bozeman LLC 476,646 8 0.36%Stone Ridge Partners LLC 423,867 9 0.32% 362,604 7 0.45%REVESCO (USA) Properties of Bozeman LP 413,802 10 0.31%Bridger Peaks Holding LLC 401,003 11 0.30% 328,509 8 0.41%Baxter Meadows Apartments LLC 372,792 12 0.28%J & D Family Limited Partnership 370,113 13 0.28%Crestview Lake LLC 367,506 14 0.28%Centurylink, Inc. (Qwest) 353,427 15 0.26% 1,117,377 2 1.38%Bozeman Health Deaconess Hospital 335,546 16 0.25%G25 Holdings LLC 329,206 17 0.25%Etha Hotel LLC 320,008 18 0.24%COSTCO Wholesale Corporation 316,499 19 0.24%Cannery District Partners LLC 298,319 20 0.22%SNH/LTA Properties Trust 293,589 21 0.22%Wal-Mart Stores 293,456 22 0.22% 374,454 6 0.46%State of Montana282,414 23 0.21%Bridge Embassy House LP 268,337 24 0.20%Highgate Bozeman LLC260,213 25 0.19% 325,730 9 0.40%Celloco Partnership582,609 4 0.72%BVI/HJSI Bozeman LLC319,807 10 0.40%Total 15,977,552$ 11.96% 8,082,547$ 10.01%Total City Taxable Assessed Value 133,582,036$ 78,290,000$ 2021 2012 528 180CITY OF BOZEMAN, MONTANAPRINCIPAL PROPERTY TAX PAYERS IN DOWNTOWN BOZEMAN IMPROVEMENT DISTRICTCurrent Year and Prior YearPercentagePercentageof Total Cityof Total CityTotalTaxableTotalTaxableAssessedAssessedAssessedAssessedTaxpayerBusinessValueRankValueValueRankValueG25 HOLDINGS LLCProperty Investor/Developer329,206 14.37%329,206 14.51%ETHA Hotel LLCProperty Investor/Developer320,008 24.25%First Security BankBank257,915 33.42%258,837 23.55%5 West LLCMulti Tenant Commercial/Residential Buildling 167,052 42.22%167,052 32.29%F&H, LLCProperty Investor/Developer141,830 51.88%141,830 41.94%Moose Point LPCommercial Property Developer127,363 61.69%127,363 51.75%Atlantic Financial Group Ltd. Bank124,416 71.65%124,416 61.70%777 BuildingMulti Tenant Office Retail Building121,198 81.61%121,198 71.66%M & J Cowdrey LLCProperty Investor/Developer110,165 91.46%110,165 81.51%Downtowner Group LLC Business Support Services108,936 101.45%108,936 91.49%Glacier BankBank107,196 111.42%Masonic Temple Inc of Bozeman Event Space100,428 121.33%100,428 101.38%Total2,015,713$ 26.77%1,589,431$ 21.78%Total Downtown BID Taxable Assessed Value7,530,386$ 7,297,724$ 20202021181CITY OF BOZEMAN, MONTANAPROPERTY TAX LEVIES AND COLLECTIONSPast Ten Fiscal YearsFiscalYear Taxes Levied CollectionsEnded for the Percentage in Subsequent PercentageJune 30,Fiscal YearAmountof LevyYearsAmountof Levy2012 13,683,839 13,108,003 95.79% 454,515 13,562,518 99.11%2013 13,878,293 13,633,347 98.24% 201,182 13,834,529 99.68%2014 14,821,724 14,482,502 97.71% 219,735 14,702,237 99.19%2015 16,590,871 16,559,270 99.81% 31,601 16,590,871 100.00%2016 18,191,892 18,009,556 99.00% 68,812 18,078,368 99.38%2017 18,338,501 18,069,230 98.53% 90,643 18,159,873 99.03%2018 18,956,357 18,791,653 99.13% 53,429 18,845,082 99.41%2019 19,950,675 19,940,784 99.95% 9,891 19,950,675 100.00%2020 23,589,506 23,381,671 99.12% 207,835 23,589,506 100.00%2021 21,454,058 21,017,696 97.97% - 21,017,696 97.97%Source: Gallatin CountyCity Manager's Final Adopted BudgetCollected within the Fiscal Year of the Levy Total Collections to Date 529 182CITY OF BOZEMAN, MONTANAWATER SOLD BY TYPE OF CUSTOMERPast Ten Fiscal Years(in hundreds of cubic feet “HCF”)2012201320142015201620172018201920202021Type of CustomerResidential 1,323,816 1,513,986 1,433,833 1,385,140 1,493,192 1,601,439 1,623,881 1,556,249 1,546,308 1,788,984 Government49,349 59,589 52,448 53,165 51,923 56,956 75,001 54,270 103,536 73,416 MSU235,965 233,484 213,698 210,107 208,618 225,394 217,967 238,968 178,368 171,840 Commercial602,352 638,337 607,444 599,193 610,741 620,761 618,398 627,116 506,868 590,076 Total2,211,481 2,445,396 2,307,423 2,247,605 2,364,473 2,504,550 2,535,247 2,476,603 2,335,080 2,624,316Total direct rate 2,887.40$ 2,955.66$ 3,053.40$ 3,105.14$ 3,175.41$ 3,256.72$ 3,337.92$ 3,508.94$ 3,757.07$ 3,697.72$ per 1,000 HCFSource: City of Bozeman Finance DepartmentFiscal Year183CITY OF BOZEMAN, MONTANAWATER AND SEWER RATESPast Ten Fiscal YearsFiscalYearMonthly Rate perMonthly Rate perEndedBase1,000Base1,000June 30,RateGallonsRateGallons201113.42$ 21.02$ 14.73$ 24.41$ 201214.02$ 21.96$ 15.61$ 25.87$ 201314.65$ 22.95$ 16.55$ 27.42$ 201414.65$ 22.95$ 17.56$ 29.10$ 201514.65$ 22.95$ 17.56$ 29.10$ 201615.02$ 23.53$ 18.09$ 29.98$ 201715.39$ 24.11$ 18.63$ 30.87$ 201815.70$ 24.60$ 19.01$ 31.50$ 201916.17$ 25.33$ 19.58$ 32.45$ 202016.17$ 25.33$ 19.58$ 32.45$ 202116.17$ 25.33$ 19.58$ 32.45$ * For Residential Customers, using 5/8 inch meter size.Sources: City of Bozeman, Montana Commission Resolution 4327City of Bozeman, Montana Commission Resolution 4328City of Bozeman, Montana Commission Resolution 4454City of Bozeman, Montana Commission Resolution 4626 & 4627City of Bozeman, Montana Commission Resolution 4819 & 4820City of Bozeman, Montana Commission Resolution 4927 & 4928City of Bozeman, Montana Commission Resolution 5065 & 5066City of Bozeman, Montana Commission Resolution 5273 & 5274WaterSewer530 DEBT CAPACITY184CITY OF BOZEMAN, MONTANARATIOS OF OUTSTANDING DEBT BY TYPEPast Ten Fiscal YearsFiscalYear General Sports SpecialTax IncrementWater Wastewater StormwaterTotalPercentageEnded Obligation Bond Notes Capital Park Assessment Financing Revenue State of MT Revenue Capital Primary of Personal PerJune 30,BondsPremiumsPayableLeasesLoan PayableBondsBondsBondsRLF LoansBondLeasesGovernmentIncomeCapita2012 3,080,000 306,727 203,860 2,269,500 5,370,000 182,577 23,853,427 - - 35,266,091 4.39% 925.23$ 2013 2,445,000 1,198,823 149,892 1,659,500 5,195,000 13,751,878 22,501,119 - - 46,901,212 5.56% 1,210.26$ 2014 11,685,000 1,086,396 94,176 1,185,500 5,015,000 18,140,000 21,025,565 - - 58,231,637 6.83% 1,498.50$ 2015 16,320,000 262,425 963,274 295,912 890,500 4,825,000 17,365,000 19,972,565 229,750 434,598 61,559,024 7.25% 1,477.65$ 2016 15,570,000 248,967 884,844 249,501 662,500 4,630,000 16,567,000 18,930,565 1,440,430 363,749 59,547,556 7.01% 1,371.91$ 2017 14,710,000 235,509 902,500 270,492 501,000 4,425,000 15,760,000 17,856,000 1,367,430 290,538 56,318,469 6.13% 1,244.61$ 2018 13,835,000 222,051 763,588 463,535 406,000 5,018,931 19,107,497 16,368,000 1,292,430 214,887 57,691,920 5.80% 1,238.13$ 2019 12,940,000 208,593 937,009 651,453 1,700,000 171,500 5,338,811 21,001,000 15,229,000 1,520,000 183,591 59,880,957 5.71% 1,233.84$ 2020 45,445,000 3,778,566 781,079 404,043 1,700,000 139,500 4,733,238 19,791,000 14,057,000 1,442,000 71,077 92,342,503 7.22% 1,853.11$ 2021 43,240,000 4,198,474 609,577 310,270 1,637,117 3,948,216 10,763,655 18,547,000 24,582,587 1,362,000 10,585 109,209,481 7.84% 2,049.23$ Sources: City Manager's Final Adopted BudgetCity of Bozeman Finance DepartmentGovernmental ActivitiesBusiness-Type Activities531 185CITY OF BOZEMAN, MONTANARATIOS OF GENERAL BONDED DEBT OUTSTANDINGPast Ten Fiscal YearsPercentage ofFiscalActual Year General Tax Increment TaxableEnded Obligation Bond Financing District Value of PerJune 30, Bonds Premiums Bonds Total Property Capita2011 3,710,000 5,535,000 9,245,000 11.5% 247.76$ 2012 3,080,000 5,370,000 8,450,000 10.3% 221.69$ 2013 2,445,000 5,195,000 7,640,000 9.2% 197.15$ 2014 11,685,000 5,015,000 16,700,000 19.5% 429.75$ 2015 16,320,000 262,425 4,825,000 21,145,000 24.1% 507.56$ 2016 15,570,000 428,967 4,630,000 20,200,000 23.3% 465.38$ 2017 14,710,000 235,509 4,425,000 19,135,000 21.3% 422.87$ 2018 13,835,000 222,051 4,926,931 18,761,931 18.5% 402.65$ 2019 12,940,000 208,593 5,338,811 18,278,811 17.5% 376.63$ 2020 45,445,000 3,785,489 4,733,238 50,178,238 40.0% 1,006.97$ 2021 43,240,000 4,198,474 10,763,655 54,003,655 34.8% 1,013.33$ Source: City Manager's Final Adopted BudgetDebt Outstanding is reduced by cash held for bond reserves for the purposes of this tableGeneral Bonded Debt Outstanding186CITY OF BOZEMAN, MONTANADIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBTDebt Estimated Outstanding Estimated Share ofas of Percentage Overlapping June 30, 2021 Applicable (1) DebtOverlapping Bonded IndebtednessGallatin County:Various issues outstanding $24,175,000 37% 8,889,685$ Bozeman School District #7:Various issues outstanding 188,484,555$ 33% 61,650,259$ Subtotal overlapping debt 70,539,944$ City of Bozeman, MontanaDirect Debt64,707,309$ 100%64,707,309$ Total Direct & Overlapping Debt135,247,252 Note: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the City. Thisschedule estimates the portion of the outstanding debt of those overlapping governments that is borne by the residents andbusinesses of Bozeman. This process recognizes that, when considering the City's ability to issue and repay long-term debt,the entire debt burden borne by the residents and businesses should be taken into account. However, this does not implythat every taxpayer is a resident, and therefore responsible for repaying the debt, of each overlapping government.(1) The percentage of overlapping debt applicable is estimated using taxable assessed property values. Applicable percentageswere estimated by determining the portion of another governmental unit's taxable assessed value that is within the City'sboundaries and dividing it by each entity's total taxable assessed value. Sources:City of Bozeman Finance DepartmentGallatin County Assessor's OfficeBozeman School District #7532 187CITY OF BOZEMAN, MONTANALEGAL DEBT MARGIN INFORMATIONPast Ten Fiscal Years2012201320142015201620172018201920202021Debt limit*74,875,000 76,450,000 84,657,000 84,500,000 142,464,717 147,500,000 168,633,783 174,548,585 214,906,344 268,114,122 Total net debt applicable to limit(11,230,087)$ (10,648,215)$ (19,066,072)$ (23,557,111)$ (22,245,812)$ (21,044,501)$ (20,709,106)$ (21,947,366)$ (57,148,561)$ (64,707,309)$ Legal debt margin63,644,913$ 65,801,785$ 65,590,928$ 60,942,889$ 120,218,905$ 126,455,499$ 147,924,677$ 152,601,219$ 157,757,783$ 203,406,813$ Total net debt applicable to the limit15.0%13.9% 22.5% 27.9% 15.6% 14.3% 12.3% 12.6% 26.6% 24.1% as a percentage of debt limit*2.5% of total market value of taxable property of $8.6 Billion per MCA 2019 7-7-4201Source: City Manager's Final Adopted BudgetFiscal Years188CITY OF BOZEMAN, MONTANAPLEDGED REVENUE COVERAGEPast Ten Fiscal YearsFiscalYear Utility Less: SpecialEnded Service Operating AssessmentJune 30,Charges Expenses Principal Interest CoverageCollections Principal Interest Coverage20126,814,990 (4,063,529) (159,000) (6,405) 2,586,056 858,699 (2,082,000) (192,320) (1,415,621) 20137,806,922 (4,364,506) (502,000) (163,250) 2,777,166 820,090 (650,975) (103,198) 65,917 20147,871,386 (4,405,464) (751,000) (429,438) 2,285,484 1,054,483 (474,000) (73,760) 506,723 20157,748,913 (4,973,926) (775,000) (538,425) 1,461,562 586,116 (295,000) (50,070) 241,046 20168,414,870 (6,176,752) (798,000) (515,010) 925,108 705,143 (228,000) (39,343) 437,800 20179,281,821 (6,589,396) (822,000) (490,890) 1,379,535 558,988 (161,500) (30,335) 367,153 201810,157,888 (6,494,121) (1,141,000) (530,881) 1,991,886 506,819 (95,000) (23,221) 388,598 20199,396,171 (6,525,730) (1,176,000) (578,954) 1,115,487 518,351 (234,500) (18,740) 265,111 20209,852,377 (6,848,489) (1,210,000) (587,350) 1,206,538 775,230 (32,000) (26,434) 716,796 202111,027,542 (6,878,458) (1,244,000) (552,156) 2,352,928 975,387 (192,284) (135,114) 647,989 FiscalYear UtilityLess:Ended Service OperatingJune 30,Charges Expenses Principal Interest Coverage20126,385,404 (3,784,420) (883,000) (857,842) 860,141 20136,916,226 (3,947,821) (1,465,227) (847,778) 655,400 20147,204,486 (5,895,751) (1,084,854) (660,771) (436,891) 20157,631,117 (3,914,454) (1,053,000) (632,268) 2,031,395 20167,927,692 (5,139,029) (1,042,000) (552,269) 1,194,394 20178,566,893 (5,496,164) (1,074,565) (545,267) 1,450,897 20188,876,017 (5,158,989) (1,104,000) (513,009) 2,100,019 20199,336,007 (6,348,468) (1,139,000) (479,859) 1,368,680 20209,441,675 (6,592,798) (1,172,000) (446,064) 1,230,813 20219,926,730 (6,329,624) (1,760,000) (581,214) 1,255,892 Waste Water Revenue BondsDebt ServiceWater Revenue Bonds Special Assessment BondsDebt Service Debt Service 533 189CITY OF BOZEMAN, MONTANADEBT SERVICE REQUIREMENTS AND COVERAGEFOR TAX INCREMENT DISTRICTSPast Ten Fiscal YearsFiscalYear Revenues Annual Revenues Annual Ended Available Debt Service Available Debt ServiceJune 30,for Debt Service Payment Coveragefor Debt Service Payment Coverage20121,266,104 421,688 3.00 - - - 20131,497,572 425,088 3.52 - - - 20141,644,960 423,088 3.89 - - - 20151,853,725 425,888 4.35 - - - 20162,066,749 423,288 4.88 - - - 20172,160,187 425,488 5.08 - - - 20182,430,377 422,288 5.76 149,580 92,000 1.63 20192,150,531 423,573 5.08 164,252 95,000 1.73 20201,803,534 447,987 4.03 289,196 92,000 3.14 20211,847,752 332,448 5.56 470,096 92,000 5.11 **$863,000 Bond issuance for the Northeast Urban Renewal District on 7/20/2017FiscalYear Revenues Annual Ended Available Debt ServiceJune 30,for Debt Service Payment Coverage2012 - - - 2013 - - - 2014 - - - 2015 - - - 2016 - - - 2017 - - - 2018 - - - 2019 - - - 2020 - - - 2021 1,118,930 401,893 2.78 **$6,500,000 Bond issuance for the Northeast Urban Renewal District on 7/9/2020MIDTOWN IMPROVEMENT DISTRICTDOWNTOWN IMPROVEMENT DISTRICTNORTHEAST URBAN RENEWAL DISTRICT190CITY OF BOZEMAN, MONTANASUMMARY OF OUTSTANDING SIDsCurrent Fiscal YearBondOriginal Maturity BondsCash Assessments DelinquentIssueAmount Date Outstanding Balance Outstanding AssessmentsSID 674494,000$ 7/1/2024 107,500 23,205 72,918 - SID 7474,001,000$ 7/1/2040 3,840,716 - 3,144,623 8,166 TOTAL494,000$ 107,500$ 23,205$ 72,918$ -$ As of June 30, 2021534 191CITY OF BOZEMAN, MONTANAREVOLVING FUND BALANCE AND BOND SECURED THEREBYPast Ten Fiscal YearsFiscalYearEnded Revolving Fund PrincipalJune 30,Cash Balance Amount of Debt2012 3,190,244 2,269,500 2013 2,443,769 1,803,029 2014 2,474,971 1,317,226 2015 2,948,129 1,295,224 2016 2,924,604 1,120,708 2017 2,874,013 1,040,533 2018 2,903,817 916,503 2019 3,020,315 643,983 2020 2,173,692 1,537,286 2021 2,555,927 1,152,898 192CITY OF BOZEMAN, MONTANASPECIAL IMPROVEMENT DISTRICT ASSESSMENT BILLING AND COLLECTIONSPast Ten Fiscal YearsFiscal AssessmentTotal AnnualYearBillingCollections2012750,418 858,699 2013741,886 820,090 2014676,613 1,054,484 2015538,697 586,116 2016543,351 705,143 2017528,622 558,988 2018505,481 506,819 2019476,212 518,351 2020642,408 703,796 2021594,719649,643535 DEMOGRAPHIC AND ECONOMIC INFORMATION193CITY OF BOZEMAN, MONTANADEMOGRAPHIC AND ECONOMIC STATISTICSPast Ten Fiscal YearsFiscalEstimatedPerResidentsYearAnnual %Capita Median with Bachelors Pre K-12EndedChange in Personal Personal Age Degree or School UnemploymentJune 30,Population Population IncomeIncome (years) Higher Schooling EnrollmentRate201238,116 2.1% 803,487,262$ 24,709$ 27.253.9%5,810 5.2%201338,753 1.6% 843,399,480$ 25,608$ 27.155.4%5,994 4.3%201438,860 0.3% 852,165,042$ 26,427$ 26.853.3%6,216 3.5%201541,660 6.7% 849,198,410$ 26,335$ 27.353.6%6,294 2.9%201643,405 4.0% 849,682,100$ 26,350$ 27.554.4%6,533 2.8%201745,250 4.1% 918,565,430$ 26,506$ 27.756.5%6,770 2.8%201846,596 2.9% 993,940,022$ 28,748$ 27.955.6%6,908 2.8%201948,532 4.0% 1,047,804,618$ 29,097$ 2856.9%7,015 3.8%202049,831 2.6% 1,279,025,432$ 30,268$ 2856.8%7,152 4.5%202153,293 6.5% 1,393,673,190$ 32,865$ 2858.7%6,893 3.2%Sources: Bozeman Public Schools U.S. Bureau of Labor Statistics U.S. Census Bureau536 194CITY OF BOZEMAN, MONTANAPRINCIPAL EMPLOYERS FOR GALLATIN COUNTYCurrent Year and Ten Years AgoEmployersClassEmployersClassBy ClassSizeBy ClassSizeBozeman Health9Bozeman Deaconess Hospital9Oracle America7Oracle America Inc.7Kenyon Noble Lumber & Hardware7Wal-Mart7Town Pump Convenience Stores7Albertson’s6Wal Mart7Community Food Co-Op6Zoot Enterprises6Costco6Albertson's6Croakies6Target6First Security Bank6Bridger Bowl6Gibson Guitar6Community Food Co-Op6Kenyon Noble Lumber & Hardware6Costco6Lowes6Glacier Bancorp6Luzenac America6First Student6Martel Construction6McDonalds6McDonald's6Murdoch's Ranch & Home Supply6Murdoch's Ranch & Home Supply6Ressler Motors6Ressler Chevrolet Cadillac & Toyota6Rosauers Food & Drug6Rosauers Supermarket6Town & Country Foods6Town & Country Foods6UPS6Town Pump6Williams Plumbing & Heating6Zoot Enterprises6PublicEmployerPublicEmployerEmployersClassEmployersClassBy ClassSizeBy ClassSizeMontana State University9Montana State University9Belgrade School District8Bozeman School District #79Bozeman School District8City of Bozeman7Gallatin County8Gallatin County7City of Bozeman7Class 6 - 100 to 249 EmployeesClass 7 - 250 to 499 EmployeesClass 8 - 500 to 999 EmployeesClass 9 - 1,000+ EmployeesSource: Montana Department of Labor & IndustryOPERATING INFORMATION537 195CITY OF BOZEMAN, MONTANAFULL-TIME EQUIVALENT CITY GOVERNMENT EMPLOYEESBY FUNCTION / PROGRAMPast Ten Fiscal Years2012 2013 2014 2015 2016 2017 2018 2019 2020 2021General GovernmentCity Commission 2.10 2.10 2.10 2.10 2.10 2.10 0.10 2.10 2.10 2.10City Manager 8.00 8.00 5.00 5.00 6.00 6.00 9.00 9.00 9.00 9.00Municipal Court8.50 8.50 8.50 9.00 8.50 8.50 9.50 9.50 9.60 9.98City Attorney7.00 7.00 7.00 9.00 10.20 10.20 10.70 10.70 11.70 12.70Administrative Services- - 19.00 21.00 21.50 23.50 - - - Human Resources4.00 5.00 5.00 5.00Finance *10.00 11.00 - - - - 12.50 13.50 13.50 15.00Information Technology *6.00 6.00 - - - - 6.00 7.00 7.00 7.00Community Development8.75 9.00 8.00 12.60 11.60 13.00 13.00 14.25 15.25 15.25Building Maintenance3.00 3.50 3.50 3.50 3.50 3.50 4.50 5.00 5.00 6.00Total General Government 53.35 55.10 53.10 62.20 63.40 66.80 69.30 76.05 78.15 82.03Public SafetyPolice Department 71.25 72.75 72.75 72.25 71.70 72.70 72.70 74.55 75.55 76.95Fire Department41.75 43.75 45.75 45.00 46.00 46.00 46.00 47.00 50.00 50.00Building Inspection10.55 10.55 12.55 14.00 18.50 18.50 19.50 19.75 19.75 19.75Parking4.50 4.50 5.50 6.00 6.00 6.00 6.00 6.00 6.00 6.00Total Public Safety128.05 131.55 136.55 137.25 142.20 143.20 144.20 147.30 151.30 152.70Public ServicesPublic Services Administration / Engineering 10.00 10.00 12.00 6.58 10.25 11.50 11.50 16.25 18.25 22.25Streets17.62 17.62 18.62 16.20 18.85 19.85 21.85 21.35 22.30 22.30Storm Water- 1.00 1.00 4.00 6.25 6.50 7.50 7.50 8.50 9.50Water Conservation2.25 3.00 3.00Water Treatment Plant9.77 9.77 11.27 12.75 10.50 10.50 10.00 10.00 10.00 10.00Water Operations15.62 15.62 15.62 17.33 14.45 14.45 14.50 14.50 15.70 15.65Wastewater Operations10.25 10.25 11.25 13.09 13.30 14.05 12.00 12.50 13.55 14.55Wastewater Plant15.87 16.37 17.47 15.50 14.75 14.75 15.00 15.00 16.00 16.00Solid Waste Collection/Recycling15.74 15.74 15.74 15.90 15.15 16.15 17.15 17.15 18.75 19.75Vehicle Maintenance5.00 5.00 5.00 5.00 6.50 6.50 7.50 7.50 8.50 8.50Total Public Services99.87 101.37 107.97 106.35 110.00 114.25 117.00 124.00 134.55 141.50Public WelfareCemetery (numerous short terms) 3.33 3.33 3.33 4.90 5.04 5.04 4.75 4.25 4.25 4.55Parks (numerous short terms)11.77 11.77 11.77 15.40 14.51 14.51 14.90 18.00 18.00 19.75Forestry4.60 4.60 4.60 5.95 5.65 6.65 5.20 6.00 6.00 6.65Library21.66 21.56 23.11 23.41 26.02 28.02 28.02 28.02 28.02 26.53Recreation (numerous short terms)15.83 15.83 16.83 16.83 23.55 24.26 23.41 24.80 24.80 21.90Community Services2.00 2.00 4.00 3.50 3.50 3.50 2.00 2.00 3.00 3.00Sustainability1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50Total Public Welfare59.19 59.09 65.14 71.49 79.77 83.48 79.78 84.57 85.57 83.88Total of all Funds 340.46 347.11 362.76 377.29 395.37 407.73 410.28 431.92 449.57 460.11 Source: City Manager's Final Adopted Budget* Administrative Services was created in fiscal year 2014 and consists of Finance, Information Technology and Human ResourcesFiscal Years196CITY OF BOZEMAN, MONTANAOPERATING INDICATORS BY FUNCTION / PROGRAMPast Ten Fiscal Years2012 2013 2014 2015 2016 2017 2018 2019 2020 2021FinanceSID Statements16,000 16,200 16,424 16,506 16,893 17,200 17,463 18,185 18,552 18,895 Utility Bills135,000 138,000 155,000 162,000 166,000 169,000 172,000 168,280 176,263 180,720 Accounts Payable Checks Processed11,962 12,519 10,453 11,098 11,000 11,800 12,350 11,762 11,800 12,488 Police*Number of Officers60 63 63 61 60 61 60 60 60 60 Calls for Service45,358 47,361 48,542 46,290 47,400 48,200 47,136 50,548 48,099 48,560 Arrests2,152 2,096 2,165 2,195 2,078 2,427 2,314 2,618 2,017 2,118 Misdemeanor Citations Issued - includes traffic 5,234 5,205 6,045 6,169 6,390 5,886 4,940 5,430 4,800 4,058 Traffic Stops9,358 10,629 8,210 7,757 7,482 7,900 7,675 9,600 8,410 8,736 Traffic Crashes1,264 1,320 1,469 1,601 1,792 1,850 1,958 1,840 1,813 1,351 FireFires, Hazardous Conditions & Rupture/Explosions 278 309 340 296 349 445 564 522 340 315Emergency Medical Services/Rescue1,483 1,941 2,051 2,032 2,424 3,062 3,320 3,073 3,154 3,557 Service Calls187 145 212 202 244 334 438 406 239 170 Building InspectionCommercial Permits: Number1,420 1,305 1,165 1,560 1,628 1,731 883 768 702 707 Value (Millions)95.03 69.64 $44.50 $98.02 $164.47 $65 $216 $249 $302 $237Residential Permits: Number2,421 2,338 2,911 2,836 3,937 3,905 3,222 2,307 2,094 2,674 Value (Millions)89.74 146.32 $130.68$191.97$200$130$340$311$176$233WaterNew Service Main Taps 20 41 57 70 60 72 65 101 96 100Meter Replacement/Repair 279 113 4791006 978 1500 994 1042 528 1273Water Main Breaks/Repairs 6 4 7 5 7 6 7 5 11 14WastewaterMain Line Flushing (in Miles) 90 47 30 90 5030.9 50 37.5 48 33.3New Infrastructure TV (in Miles) 1 2.6 2 8 2.6 9.9 7 2.8 3.3 7.4New Service Taps 4 17 37 44 20 30 30 562534Solid Waste Collection & RecyclingResidential Accounts7,240 7,470 7,869 8,369 8,878 9,695 10,384 10,884 11,321 11,841 Commercial Customers281 265 258 265 461 449 515 573 566 520 Recycling Customers1,000 1,135 1,601 2,100 2,663 3,386 3,854 4,434 4,867 5,526 Annual Tonnage Collected: Collections Program11,248 10,695 10,960 11,457 11,691 12,490 17,657 18,880 19,815 19,955 Vehicle MaintenanceWork Orders Processed1,473 1,646 1,717 1,549 1,453 1,509 2,592 2,392 2,057 3,718 Gallons of Oil Disposed8,751 8,640 8,740 8,969 7,395 6,475 5,007 5,522 4,900 5,787 ParksPark Reservations 320 350 400 400 400 400 425 493 423 912 Sources: City Manager's Final Adopted Budget City of Bozeman Finance Department*Police statistics are based on calendar yearFiscal Year Ended June 30,538 197CITY OF BOZEMAN, MONTANACAPITAL ASSET STATISTICS BY FUNCTION / PROGRAMPast Ten Fiscal Years2012 2013 2014 2015 2016 2017 2018 2019 2020 2021PoliceStations 1 1 1 1 1 1 1 1 1 1 Patrol Units (Cars)20 20 20 22 21 21 22 21 21 24 Patrol Units (Motorcycles)4 4 4 2 3 3 3 3 3 3 FireStations3 3 3 3 3 3 3 3 3 3 Fire Trucks6 6 7 7 7 7 7 7 7 7 StreetsStreet & Alley Mileage254.957 255.769252253254274280284291 293Lane Miles Painted41.0 37.0 34.6 49.2 50.0 50.0 52.0 48.0 53.1 51.2Number of Signs Installed/Repaired1120669798600600600708394 1107 1270WaterWater Mains (Miles)261.33 264.61 267.28 268.57 274.89 276.92 283.95 286.68 297.10 299.52Fire Hydrants2,351 2,388 2,406 2,419 2,511 2,573 2,618 2,668 2,758 2,782WastewaterSanitary Sewers (Miles)207.56 210.22 211.51 212.53 219.14 224.28 234.64 236.04 239.00 242.43Number of Manholes4,084 4,154 4,185 4,219 4,360 4,492 4,614 4,677 4,828 5,023Solid WasteNumber of Collection Vehicles888888886 6Number of Roll-off Trucks 4444445555Number of Recycling Trucks112222222 2Number of Compost Collection Trucks2222221111ParksFormal Turf Acres125125125126140140172192192 192Natural Parkland Acres220220220220220220323343388 413Miles of Trails555561636363636565 65Sources: City Manager's Final Adopted Budget City of Bozeman Finance Department City of Bozeman GIS Department City of Bozeman Police DepartmentFiscal Year Ended June 30,PART IV SINGLE AUDIT SECTION539 198 CITY OF BOZEMAN, MONTANA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS Year Ended June 30, 2021 Federal AwardsPass Through Grant Total Awards to FEDERAL GRANTORCFDA Grantors Number Award Revenue Expended SubrecipientsU.S. Department of JusticeRural Domestic Violence Assistance Program 16.589 OVW 2018-WR-AX-0002 523,712$ 135,960$ 138,816$ 57,567$ Adult Drug Court Discretionary Grant Program: Implementation16.585 2017-VV-BX-0006400,000 83,528 87,828 - Passed through Gallatin County:Edward Byrne Memorial Justice Assistance Grant Program:Missouri River Drug Task Force16.738 N/A75,172 75,172 75,172 - Bullet-Proof Vest Partnership16.607 N/A- - 2,493 - COVID-19 Coronavirus Emergency Supplemental Funding16.034 2020-VD-BX-106660,489 34,154 38,095 - Total U.S. Department of Justice1,059,373 328,814 342,404 57,567 Office of National Drug Control PolicyPassed through the University of BaltimoreCombating Opioid Overdose through Community-level Internvestion Initiative (COOCLI) 95.007 G1999ONDCP06A 55,238 55,238 55,238 - U.S. Department of the TreasuryPassed through the State of Montana:COVID-19 CARES Act - Coronavirus Relief Fund 21.019 N/A 3,305,719 3,305,719 3,305,719 - COVID-19 Coronavirus State and Local Fiscal Recovery Funds 21.027 N/A 6,364,398 712,051 712,051 Total U.S. Department of Treasury9,670,117 4,017,770 4,017,770 - U.S. Department of the InteriorWaterSMART: Cemetery Irrigation Project15.507 N/A7,565 7,565 7,565 - U.S. Department of TransportationPassed through MT Dept. of Transportation: Highway Traffic SafetyState and Community Highway Safety 20.600 00-03-09-02 1,218 1,218 1,218 - National Priority Safety Programs 20.616 00-03-09-02 5,277 5,277 5,277 - Passed through Historical Society:Historic Preservation Grants in Aid 15.904 6,000 6,000 6,000 - Total U.S. Department of Transportation12,495 12,495 12,495 - Total Federal Financial Assistance10,804,788$ 4,421,882$ 4,435,472$ 57,567$ 199CITY OF BOZEMAN, MONTANANOTES TO THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDSYear Ended June 30, 2021NOTE 1. BASIS OF PRESENTATIONThe accompanying Schedule of Expenditures of Federal Awards (the Schedule) includes federal award activity of the City under programs of the federal government for the year ended June 30, 2021. The information in this Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedule presents only a select portion of the operations of the City, it is not intended to, and does not present, the financial position, changes in net assets, or cash flows of the City. NOTE 2. SUMMARY OF SIGNIFICANT ACCOUNTING PRINCIPLESThe Schedule has been prepared on the accrual basis of accounting, which is the method of accounting used for the financial statements. Such expenditures are recognized following Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement. Negative amounts shown on the Schedule present adjustments or credits made in the normal course of business to amounts reported as expenditures in prior years. NOTE 3. INDIRECT COST RATEThe City has elected not to use the optional 10 percent de minimis indirect cost rate allowed by Uniform Guidance.NOTE 4. MATCHING The City has not expended matching contributions during the year ended June 30, 2021.NOTE 5. LOAN AND LOAN GUARANTEESThe City has no direct loan guarantees at June 30, 2021. 540 2001019 E MAIN ST• SUITE 201• BOZEMAN, MONTANA 59715 TEL: 406.556.6160• FAX:406.586.8719• WEB: www.azworld.comANDERSON ZURMUEHLEN & CO., P.C. • CERTIFIED PUBLIC ACCOUNTANTS & BUSINESS ADVISORSMEMBER: AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDSHonorable Mayor, City Commissioners, and City Manager of the City of Bozeman, Montana We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standardsissued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of City of Bozeman, Montana (the City), as of and for the year ended June 30, 2021, which collectively comprise the City’s basic financial statements and have issued our report thereon, datedJanuary 27, 2022. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the City of Bozeman’s internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City of Bozeman’s internal control. Accordingly, we do not express an opinion on the effectiveness of City of Bozeman’s internal control.A deficiency in internal controlexists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent,or detect and correct, misstatements on a timely basis. A material weaknessis a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiencyis a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.Compliance and Other Matters As part of obtaining reasonable assurance about whether City of Bozeman’s financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.AANDERSON ZURMUEHLEN & CO., P.CCERTIFIED PUBLIC ACCOUNTANTS & BUSINESS ADVISORS201Purpose of this ReportThe purpose of this report is solely to describe the scope of our testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standardsin considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.Bozeman, MontanaJanuary 27, 2022541 2021019 E MAIN ST• SUITE 201• BOZEMAN, MONTANA 59715 TEL: 406.556.6160• FAX:406.586.8719• WEB: www.azworld.comANDERSON ZURMUEHLEN & CO., P.C. • CERTIFIED PUBLIC ACCOUNTANTS & BUSINESS ADVISORS MEMBER: AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTSINDEPENDENT AUDITOR’S REPORT ON COMPLIANCE FOR EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCEHonorable Mayor, City Commissioners, and City Manager of the City of Bozeman, Montana Report on Compliance for Each Major Federal ProgramWe have audited the City of Bozeman (the City)’s compliance with the types of compliance requirements described in the OMB Compliance Supplementthat could have a direct and material effect on each of the City’s major federal programs for the year ended June 30, 2021. The City’s major federal programs are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs.Management’s ResponsibilityManagement is responsible for compliance with the requirements of laws, regulations, contracts, and grants applicable to its federal programs.Auditor’s ResponsibilityOur responsibility is to express an opinion on compliance for each of the City’s major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal RegulationsPart 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances.We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of the City’s compliance.Opinion on Each Major Federal ProgramIn our opinion, the City of Bozeman, complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2021.AANDERSON ZURMUEHLEN & CO., P.CCERTIFIED PUBLIC ACCOUNTANTS & BUSINESS ADVISORS203Report on Internal Control over ComplianceManagement of the City is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the City’s internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control over compliance.A deficiency in internal control over complianceexists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over complianceis a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over complianceis a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.Bozeman, MontanaJanuary 27, 2022542 204CITY OF BOZEMAN, MONTANASCHEDULE OF FINDINGS AND QUESTIONED COSTSYear Ended June 30, 2021Section I - Summary of Auditor’s ResultsFinancial StatementsType of auditor’s report issued:UnmodifiedInternal control over financial reporting:Material weakness identified?NoSignificant deficiencies identified not considered to be material weaknesses?None reportedNoncompliance material to financial statements noted?NoFederal AwardsInternal control over major programs:Material weakness identified? NoSignificant deficiencies identified not considered to be material weaknesses? None reportedType of auditor’s report issued on compliance for major programs: UnmodifiedAny audit findings disclosed that are required to be reported in accordance with Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance)? NoIdentification of Major Programs:21.019 COVID-19 CARES Act – Coronavirus Relief FundDollar threshold used to distinguish between Type A and Type B programs: $750,000Auditee qualified as low-risk auditee? No205CITY OF BOZEMAN, MONTANASCHEDULE OF FINDINGS AND QUESTIONED COSTS (CONTINUED)Year Ended June 30, 2021Section II – Financial Statement FindingsNone Reported.Section III – Federal Award Finding and Questioned CostsNone Reported.Status of Prior Year Financial Statement Findings: None Reported.Status of Prior Year Federal Award Findings and Questioned Costs: None Reported.543 544 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Rachel Harlow-Schalk, Interim Finance Director SUBJECT:Resolution 5424 Certification of Delinquent City Assessments to the County MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5424, Certification of Delinquent City Assessments to the Gallatin County as submitted. 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:MCA 7-6-4182, 7-6-4183 and 7-6-4423. The city or town may provide by ordinance for the collection by its city treasurer or town clerk of all special assessments and taxes levied and assessed in accordance with any of the provisions of part 42 and this part in the same manner and at the same time as taxes for general, municipal, and administrative purposes are collected by the county treasurer. All of the provisions of 7-6-4423 apply to the collection of the special taxes and assessments in the same manner as the provisions apply to the collection of other city or town taxes. Delinquent special assessments must be certified to the county clerk of the county in which the city or town is situated. The county treasurer shall collect the delinquent special assessments and taxes in the same manner and at the same time that taxes for general, municipal, and administrative purposes are collected. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:By certifying the delinquent City Special Assessments to Gallatin County we will ensure the collection of the 1st half amounts that were not paid by the due date of May 31, 2022. The amount we have certified and will in turn collect is $283,444.92 as noted on Schedule “A” attached. These assessments will be placed as a lien against their property and their properties cannot be sold without bringing them current. Attachments: 545 Resolution 5424-Certification of Delinquent 2nd half-FY 2022.docx Delinquent Certification 061522.pdf Report compiled on: June 16, 2022 546 Page 1 of 5 RESOLUTION 5424 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE MAY 31, 2022, AND UNPAID AS OF THAT DATE, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE FINANCE DIRECTOR TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. WHEREAS,pursuant to Sec 2.06.670 of the Bozeman Municipal Code, the Finance Director has prepared and filed with the Commission of the City of Bozeman, attached hereto, a report entitled Schedule "A", describing the lot or parcel subject to the assessments, the name and address of persons assessed, showing all annual and semi-annual special assessments due and payable May 31, 2022, and unpaid as of that date, and the amount due thereunder, with penalty; and WHEREAS,pursuant to Sections 7-6-4423 and 7-12-4188, M.C.A., the City Commission of the City of Bozeman deems it necessary and proper, in order to protect the interests of the residents of the City of Bozeman and the bondholders of the respective Special Improvement District bonds, to declare all annual and semi-annual special assessments due and payable by 5:00 p.m. on May 31, 2022, and unpaid as of that date, delinquent and to certifythe same to the Gallatin County Treasurer for collection as other delinquent taxes, and the property and/or properties may be sold the same as other property is sold for taxes. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 547 Resolution 5424, Certification of Delinquent Assessments to Gallatin County Page 2 of 5 That all annual and semi-annual special assessments and installments of special assessments, due and payable May 31, 2022, and unpaid as of that date, as set forth in Schedule "A" hereto attached, and made a part hereof, are hereby declared delinquent. Section 2 That the Finance Director is hereby directed to certify all annual and semi-annual special assessments and installments of special assessments delinquent, with penalty, as herein provided, and as shown by Schedule "A", to the County Treasurer of Gallatin County for collection as other delinquent taxes. Section 3 That within ten (10) days from and after the filing of said certificate, the Finance Director shall publish in one issue of the Bozeman Daily Chronicle, Notice as provided by Sec 2.06.680 of the Bozeman Municipal Code. Section 4 That the County Treasurer shall proceed with the collection of all annual and semi-annual special assessments or installments of special assessments, as set forth in Schedule "A", that the same shall be spread upon the delinquent tax list of the County of Gallatin for the Year 2021, and the same shall be collected as other delinquent taxes; and that in the case the same are paid, collection shall be made by the County Treasurer of Gallatin County, as provided by Sections 7-12-4181 and 7-12-4183, M.C.A., and that in the case the same are not paid, the whole property shall be sold as in the case of other properties sold for non-payment of taxes. Section 5 That the Finance Director, under the direction of the City Manager, shall attend at the time and place for 548 Resolution 5424, Certification of Delinquent Assessments to Gallatin County sale of the property for delinquent taxes, as provided by Sec 2.06.700 of the Bozeman Municipal Code. Section 6 That a copy of Schedule "A" attached hereto and made a part hereof, shall on or before the 28th day of June 2022 be filed with the County Clerk and Recorder and the County Treasurer of Gallatin County. Section 7 That, pursuant to Sec 2.06 of the Bozeman Municipal Code, attached hereto and made a part hereof, shall be a certificate of the Finance Director. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 28th day of June 2022. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 549 Resolution 5424, Certification of Delinquent Assessments to Gallatin County CERTIFICATE OF FINANCE DIRECTOR I, Rachel Harlow-Schalk, duly appointed, qualified and acting as Interim Finance Director of the City of Bozeman, Montana, do hereby certify that the attached schedule marked Schedule "A" and made a part of Commission Resolution No. 5424 is a true and correct list of all annual and semi-annual delinquent special assessments and subsequent installments of special assessments due and owing the City of Bozeman as of May 31, 2022, at 5:00 p.m. That this certification and Schedule "A" attached hereto are made pursuant to and in conformance with Sec 2.06 of the Bozeman Municipal Code of the City of Bozeman, Montana. IN WITNESS WHEREOF, I hereunto set my hand this 28th day of June 2022. ________________________________________ RACHEL HARLOW-SCHALK Interim Finance Director 550 Version April 2020 NOTICE NOTICE IS HEREBY GIVEN by the Interim Finance Director for the City of Bozeman, Montana, that she has certified to the Treasurer of Gallatin County a list of all property and of the persons assessed for delinquent taxes and assessments which will be sold at public auction by the Gallatin County Treasurer unless re-instated prior to such auction by paying all delinquent taxes, together with interest, penalties and costs incurred. A list of all delinquent properties and persons assessed is on file and subject to public inspection in the offices of the Gallatin County Treasurer, Gallatin County Courthouse, 311 West Main Street, and the Finance Director for the City of Bozeman, 121 N Rouse Ave., Bozeman, Montana. DATED this 28th day of June 2022. __________________________________ RACHEL HARLOW-SCHALK Interim Finance Director City of Bozeman Legal Ad Publish: Sunday, July 3, 2022 551 Delinquent Certification 061522 Page 1 DELINQUENT 2%TOTAL PARCEL OWNER ADDRESS 2nd 1/2 PENALTY AMOUNT DUE RFG21678 BOZEMAN TRAX PARTNERS LLC 5148 US HIGHWAY 89 S 59047 COS 2153 MANDEVILLE ANNEXATION TRACT 2-B 14.63 ACRES 498.10 9.96 508.06RFG28603MOUNTAIN RAIN LLC PO BOX 1655 59771 KBMN SUBDIVISION LOT 1 GORDON MANDEVILLE SCHOOL LOT 1 1,332.63 26.65 1,359.28RFG29541MAKS INVESTMENTS 1635 REEVES RD EAST 59718 WALKER PROPERTY SUBDIVISION LOT 2 BLOCK 5 4,060.24 81.20 4,141.44RFG33551JACK LONG ENTERPRISES INC 8720 ROLLER COASTER RD 59808 GALLATIN CENTER SUBDIVISION PUD PHASE I LOT 2 4,021.15 80.42 4,101.57RFG440284 FARMERS LLC 346 GALLATIN PARK DR 59715 GALLATIN PARK SUBDIVISION LOT 11 BLOCK 2 PLUS OPEN SPACE 2,309.58 46.19 2,355.77RFG44044DAVE MALONE LLC 3182 E MILLCREEK CANYON RD 84109 GALLATIN PARK SUBDIVISION LOT 8 BLOCK 1 PLUS OPEN SPACE 551.07 11.02 562.09RFG44048OLD MARSH HOLDINGS LLC PO BOX 1167 59771 GALLATIN PARK SUBDIVISION LOT 12 BLOCK 1 PLUS OPEN SPACE 1,967.02 39.34 2,006.36RFG44603BOZEMAN TRAX PARTNERS LLC 5148 US HIGHWAY 89 S 59047 COS 2153 MANDEVILLE ANNEXATION TRACT 1-B 498.10 9.96 508.06RFG44604BOZEMAN TRAX PARTNERS LLC 5148 US HIGHWAY 89 S 59047 POS 2153 MANDEVILLE ANNEXATION TRACT 3-B 498.10 9.96 508.06 RFG44605 BOZEMAN TRAX PARTNERS LLC 5148 US HIGHWAY 89 S 59047 COS 2153 MANDEVILLE ANNEXATION TRACTS 4-B 9.49 ACRES 498.10 9.96 508.06RFG46788BRESTER, LAUREN 2969 WARBLER WAY UNIT 1 59718 WARBLER WAY CONDO UNIT 1 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 3 BLOCK 6 175.76 3.52 179.28RFG46791RJ APARTMENTS LLC C/O RYAN LOCATI 14 W LAMME ST 59715 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 6 BLOCK 6 606.58 12.13 618.71RFG46797ADELMANN, LINDA J 883 58TH ST 98368 MORRIS CONDOS UNIT A CATTAIL CREEK LOT 4 BLOCK 7 175.73 3.51 179.24RFG46801CAVON, JOSEPH A & KARYN C/O GRACE BIBLE CHURCH 3625 S 19TH 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177.82RGH3965SPENCER, MICHAEL 535 PERKINS PL 59715 PERKINS & STONE TRACT 5, 4' SOUTHSIDE TRACT 1 139.58 2.79 142.37 RGH4070 ST JONN, MYLES & BROOKE CADWELL 621 E DAVIS ST 59715 BAB-DAVIS S 150' OF E 1/2 TRACT 7 IN TRACT 13 BLOCK 4 209.20 4.18 213.38RGH4083EDWARDS, ROBERT L 1208 S CHURCH AVE 59715 BOZEMAN CREEK ANNEX TRACT 27 498.10 9.96 508.06RGH41724LARSEN, PAUL 4314 GRAF ST 59715 SUNDANCE SPRINGS SUBDIVISION PHASE 1A LOT 58 462.04 9.24 471.28RGH41727FORSTER, DANELLE 4214 E GRAF ST 59715 SUNDANCE SPRINGS SUBDIVISION PHASE 1A LOT 61 473.20 9.46 482.66RGH4329MEYER, WAYNE G 5950 ALPINE WOODS DR 99516 BLACKS 94'E SIDE TRACT 2 IN 1 ACRE LOT 1 BLOCK C LIND &GUYS TRACT 1 IN FRACTION'L 215.85 4.32 220.17RGH4361RITCHEY, KATHLEEN &DAVID HENKIN 327 N ROUSE AVE 59715 BEALLS 1ST TRACT E TRIANGLE TRACT IN SE CORNER OF TRACT 14 BEING 50' EAST & 85 ' SOUTH 70.59 1.41 72.00 RGH4368 INGENUITY INVESTMENTS LLC 813 DIMAGGIO DR 59714 BEALLS 1ST 35'S OF N83'TRACT 2 IN 1A LOT 15 157.27 3.15 160.42RGH43796BEAUVAIS, PASCAL & BETSY 4040 E GRAF ST 59715 SUNDANCE SPRINGS SUBDIVISION PHASE 2B LOT 88 498.10 9.96 508.06RGH43805REISTAD, CORY 122 TALON WAY UNIT B 59718 SUNDANCE SPRINGS SUBDIVISION PHASE 2B LOT 97 498.10 9.96 508.06RGH4386CRAIGHEAD, LANCE & APRIL 1134 HOLLY DR 59715 NEW HYALITE LOT 6 BLOCK 2 249.06 4.98 254.04RGH44432PONY CREEK PARTNERS LLC 108 S MAIN 59047 STORYS W 29.5' LOT 9 E 7.5' LOT 10 BLOCK A LONE STAR COMMERCIAL CONDOS 276.60 5.53 282.13RGH44795WILSON, CINDY K & HOGAN M JR 3163 LILY DR 59718 SUNDANCE SPRINGS SOUTHEAST SUBDIVISION LOT 5 498.10 9.96 508.06RGH4520HAWKWEST RENTALS LLC 2958 SOURDOUGH RD 59715 IMES LOTS 7 & 8 BLOCK 41 219.18 4.38 223.56RGH4541HANSEN, ANNE 1701 S BLACK AVE 59715 FAIRVIEW S 1/2 LOT 8, ALL LOTS 9-10 BLOCK 4 348.69 6.97 355.66RGH4569REISTAD, CORY 122 TALON WAY UNIT B 59718 IMES LOTS 17-18 BLOCK 40 264.82 5.30 270.12RGH4572FEDRO, LAURA A 310 S GRAND AVE 59715 ALDERSONS N1/2 LOT 16, ALL LOT 17 S1/2 LOT 18 BLOCK H 259.01 5.18 264.19RGH4621SUPERIOR INVESTMENTS C/O LUNA PROPERTIES 605 W PEACH ST #201 59715 BAB-DAVIS N10' LOT 1 & ALL LOT 3 BLOCK 5 366.61 7.33 373.94RGH4704NEFF, WILLIAM A & MARY JORDAN 1103 N CEDARVIEW DR 59715 NEW HYALITE LOT 1 BLOCK 6 249.06 4.98 254.04RGH4764NEWVILLE, SAMUEL 101 E JEFFERSON 59714 THOMPSONS LOT 6 BLOCK 2 410.43 8.21 418.64 RGH4776 CLOW, CHRISTOPHER C & CAISELA R ORSINI 517 S 13TH AVE 59715 NORMANDY LOT 4 BLOCK 19 255.03 5.10 260.13RGH4872KLEINE, JULIE & AARON MUGAAS 2345 ARROWLEAF HILLS DR 59715 NP LOTS 5-6 BLOCK 52 235.77 4.72 240.49RGH49246PRAGER, DENIS J & BARBARA M PRAGER LIVING TRST PO BOX 149 59108 JACOB'S CROSSING RESIDENTIAL UNIT E ROUSE'S 1ST LOTS 6-14 123.78 2.48 126.26RGH49260BIKEN + 1 LLC C/O ELIZABETH BAUR 1011 FLOWERREE ST 59601 PARKVIEW CONDOS UNIT 300 LOT 1A-1 PLAT C-23-A21-D 338.66 6.77 345.43RGH4974MANRY, VANESSA R 1207 HOLLY DR 59715 NEW HYALITE LOT 10 BLOCK 1 249.06 4.98 254.04RGH5008VAUGHN, RACHEL 1414 CHERRY DR 59715 NEW HYALITE LOT 23 BLOCK 15 298.87 5.98 304.85 RGH5009 SICKLER, PETER 518 N TRACY AVE 59715 BEALLS 2ND LOT 13 & NORTH 1/2 LOT 14 BLOCK F 414.44 8.29 422.73RGH5014WEIX, MICHAEL 629 E MENDENHALL ST 59715 ROUSES 1ST LOT 13 & LOT 14 BLOCK I 278.94 5.58 284.52RGH5025JONES, RANDALL B & KRISTINA M 1411 S MONTANA AVE 59715 UNIVERSITY 2 LOT 23 BLOCK 2 265.65 5.31 270.96RGH5035101 ROUSE LLC 321 E MENDENHALL ST 59715 OP SOUTH 50' LOTS 17-19 BLOCK I 385.98 7.72 393.70RGH5057ULRICHS, SCOTT C & MEGAN R 955 STONEGATE DR 59715 GUYS 2ND 75 X 79 SW COR F &75 X 300 SS 1A LOT 2 DELL CONDO UNIT 6 84.88 1.70 86.58RGH50701WORTMAN, JEREMY K & TAYLOR 129 VILLAGE CROSSING WAY 59715 VILLAGE BOULEVARD MINOR SUBDIVISION 344 LOT 1 VILLAGE DOWNTOWN SUB LOT 129 173.12 3.46 176.58 RGH50703 LONE STAR PROP CONS TRUST II 900 NE LOOP 410 STE A107 78209 VILLAGE BLVD MINOR SUB 344 LOT 2 VILLAGE DOWNTOWN SUB LOT 133 544.35 10.89 555.24RGH5096CENTRAL HOLDINGS LLC 1612 GOLD AVE 59715 NP PORT LOTS 11-18 N OF HW VAC SWITZLER BLOCK 24 PORTION LOTS 1 & 22 BLOCK 25 1,176.53 23.53 1,200.06RGH5112REESE HARGROVE, CYNTHIA 508 S 15TH AVE 59715 NORMANDY LOT 10 BLOCK 13 246.09 4.92 251.01RGH5220LEACHMAN, H LOGAN & JAMIE 11330 BRIDGER CANYON RD 59715 GUYS 1ST EAST 62 1/2 OF NORTH 50 1/2 OF 1/2 ACRE LOT 1 TRACT R 104.80 2.10 106.90RGH53879QUAY, SUSAN & WALTER 16121 BRIDGEWOOD CIR 99516 SOURDOUGH VILLAGE CONDOS UNIT 7 391.90 7.84 399.74RGH5411DEVITT, PHILIP & NELLIE 109 N BROADWAY AVE 59715 NP LOTS 12-13 BLOCK 32 214.49 4.29 218.78RGH5426SCHWEITZER, KALVIN 504 FIELDSTONE DR 59715 THOMPSONS 4 LOT 7 BLOCK 9 367.49 7.35 374.84RGH5444ATTICUS PRIME LLC 420 S WILLSON AVE 59715 FAIRVIEW LOTS 11-13 BLOCK 1 584.27 11.69 595.96RGH5450SEITZ, LAURA MICHELLE 708 S 15TH AVE 59715 NORMANDY LOT 11 BLOCK 21 258.03 5.16 263.19 561 Delinquent Certification 061522 Page 11 RGH5512 JOHNSON, JAMES F 517 N WILLSON AVE 59715 BEALLS 3RD SOUTH 9' LOT 3, ALL LOTS 4-5 BLOCK 6 306.64 6.13 312.77RGH5545MCCALLUM, BRUCE D &MARY LOUISE 409 E STORY ST 59715 PARKSIDE LOT 8 BLOCK A 331.15 6.62 337.77 RGH55661 HEXOM, HEATHER 1316 S CHURCH AVE 59715 ABELIN ESTATE CONDOS UNIT 1316 BOZEMAN CREEK ANNEX TR A 86.25 1.73 87.98RGH55801PPI PARTNERSHIP LLLP 3348 SWEENEY HOLLOW RD 37064 E MAIN PLAZA CONDOS UNIT 2-2A NP TRACT 1 BLK 22-24 137.07 2.74 139.81RGH55802SWANSON, JARED D 924 INCLINE WAY STE B 89451 E MAIN PLAZA CONDOS UNIT 3 NP TRACT 1 BLK 22-24 137.07 2.74 139.81RGH5592BARTON, JEREMY TAYLOR MICHELLE DESCHANT BARTON TRUST 205 N BROADWAY AVE 59715 NP LOTS 13-14 & N2' LOT 15 BLOCK 42 245.21 4.90 250.11RGH56229NAESE, CHRISTOPHER & YVONNE A 150 VILLAGE CROSSING WAY UNIT 59715 VILLAGE LOFT CONDOS UNIT 3H PHASE 1 BLDG A 121.08 2.42 123.50RGH56243BAIRD, FRANK WELDON &CLAUDIA S 2240 PEACHTREE RD NW UNIT 12 30305 VILLAGE LOFT CONDOS UNIT 5B PHASE 1 BLDG A 282.43 5.65 288.08 RGH5627 BAKER, MARK & JUDY 117 HUDSON ST FL 3 10013 BUTTE LOTS 1-4 BLOCK 9 571.47 11.43 582.90RGH5891BAR LAZY G LLC 615 N BLACK AVE 59715 IMES LOTS 5-6 BLOCK 46 234.12 4.68 238.80RGH5960COSTIGAN, BARBARA S 511 S 14TH AVE 59715 NORMANDY LOT 3 BLOCK 13 245.07 4.90 249.97RGH5979TIAHRT, NANCY A NANCY A TIAHRT LIVING TRUST 204 E LINCOLN ST 59715 THOMPSONS ADDITION #4 LOT 13 BLOCK 7 260.35 5.21 265.56RGH60086ERICKSON, CLAUDIA 1372 POST DR 59715 THE KNOLLS AT HILLCREST BLOCK 5 LOT 6 213.07 4.26 217.33RGH6153LANDSGAARD, PAUL & PAM 1627 W MAIN ST #260 59715 NP TRACTS 1 & 2 IN NE4NW4 SURVEY 7P38 & ABANDONED MENARD LINE ADJC 498.10 9.96 508.06 RGH6230 SEWELL, SAUNDRA 625 N BOZEMAN AVE 59715 IMES ALL LOT 1 N15' OF LOT 2 BLOCK 45 211.86 4.24 216.10RGH6271A1 SECURITY STORAGE MLLC 1623 N ROUSE AVE 59715 NORTHEAST ANNEX TRACT 44 2,237.36 44.75 2,282.11RGH63271AOK LOFT LLC PO BOX 924 03444 MILL STREET LOFT CONDO UNIT LOFT-2 75.19 1.50 76.69RGH63510PELLING, KARRIE LARK 23322 145TH PL SW 98070 NP LOT 16A BLK 51 179.29 3.59 182.88RGH63703BETHERE LLC 23 S TRACY AVE 59715 TRACY BABCOCK CONDOS UNIT 23 LOT 18-22 BLK A STORYS ADD & FRACT BLK 'AE' ALDERSON ADD 198.00 3.96 201.96RGH63735FREEMAN, CHESTER 1976 LITTLE COTTAGE LN 59715 MINOR SUB 467 LOT 1 HACOT CONDOMINIUMS UNIT 10 428.30 8.57 436.87RGH63746CHANDLER III, WILLIAM D 1930 LITTLE COTTAGE LN 59718 MINOR SUB 467 LOT 1 HACOT CONDOMINIUMS UNIT 25 219.30 4.39 223.69RGH6390YEOMANS, BENJAMIN 2272 VIRGINIA CITY CT 59715 BEALLS 1ST TRACT 4 LOT 10 387.65 7.75 395.40RGH6472PETERSON, RICHARD &BONNIE TYLER 3810 EASTWOOD LN 84109 NEW HYALITE LOT 2 BLOCK 2 249.06 4.98 254.04RGH6484SARLES, STEVEN WESLEY &TAMMY LYNN WERT PO BOX 393 82190 NEW HYALITE LOT 14 BLOCK 8 231.99 4.64 236.63RGH6541STUTZMAN, LINDAY & JON T MARY STUTZMAN 719 S CHURCH AVE APT 59715 TRACTS A & B COS 666 TRACT IN SE 1/4 SECTION 7 NE 1/4 182 S 6 E 112.11 2.24 114.35RGH6582FIVE MIN MAJOR LLC 502 E COTTONWOOD ST 59715 NP ADD BLOCK 107 LOTS 1-2 N 120' OF LOTS PLAT C-23 199.61 3.99 203.60RGH65918BRIDGE PHYSICAL THERAPY HLDGS 1119 WOODLAND DR 59718 LINDLEY PARK PLACE CONDO #E NP ADD LOT 1A BLK 22 PLAT C-23-A25 PLUS VAC ALLEY 28.68 0.57 29.25 RGH65927 1010 MAIN LLC 128 E DYER RD STE F 92707 LINDLEY PARK PLACE CONDO #301 NP ADD LOT 1A BLK 22 PLAT C-23-A25 PLUS VAC ALLEY 62.53 1.25 63.78RGH6597MORRIS, JOHN R 1215 N PINECREST DR 59715 NEW HYALITE LOT 14 BLOCK 3 271.37 5.43 276.80RGH6598MORRIS, JOHN R & BRIGITTE 1215 N PINECREST DR 59715 NEW HYALITE LOT 13 BLOCK 3 271.37 5.43 276.80RGH6632SHAW, CRAIG S PO BOX 168 59741 NORMANDY SOUTH 60' OF LOT 8 BLOCK 22 250.65 5.01 255.66RGH6637GROSSENBACKER, JENNIFER PO BOX 6740 59771 ROUSES 1ST LOT 23 BLOCK H 139.48 2.79 142.27RGH66536FARMHOUSE PARTNERS-HAGGERTY LIMITED PARTNERSHIP 2555 W COLLEGE, STE B 59718 HACOT MINOR SUB NO 467 LOT 2 .795 ACRES 1,149.93 23.00 1,172.93 RGH66879 JAMES, MARIANNE 1112 S TRACY AVE 59715 BOZEMAN CREEK ANNEXATION TR 11 GREENHOUSE VILLAGE CONDOS UNIT 6 325.90 6.52 332.42RGH6703ZINNER, JOSEPH H 113 S WALLACE AVE 59715 ROUSES 2ND NORTH 14' LOT 11,ALL LOT 12 BLOCK A 241.08 4.82 245.90RGH6709FRONTAGE ROAD LLC PO BOX 1070 59771 BURRUP ANNEX TRACT 9 13.72 0.27 13.99RGH69078SELBY HOLDINGS LLC PO BOX 1771 59771 BUTTE ADDITION TO BOZEMAN BLOCK 22 LOTS 11-12 292.76 5.86 298.62RGH69344CAMPEAU, ANTONI A PO BOX 5286 59717 FAIRVIEW LOTS 6-7 BLOCK 3 279.16 5.58 284.74RGH70353BUCKHAVEN HOLDINGS LLC 5013 TOWNE LAKE HILLS N 30189 HBP RESIDENTIAL CONDOMINIUM UNIT 310 TRACYS 2 LOT 1A BLK A 168.54 3.37 171.91 RGH70358 BOULOUKOS, DEAN 89 FAIRHAVEN ST 59741 HBP RESIDENTIAL CONDOMINIUM UNIT 315 TRACYS 2 LOT 1A BLK A 73.03 1.46 74.49RGH70383508 MONTANA LLC 9 E LAMME ST 59715 HBP RESIDENTIAL CONDOMINIUM UNIT 508 TRACYS 2 LOT 1A BLK A 71.03 1.42 72.45RGH82068PATTON, ROBERT C & VICTORIA M PATTON FMAILY TRUST 423 N WILLSON AVE 59715 BEALLS 3RD ADD BLK 5 LOT 14A 108.16 2.16 110.32 Total 277,887.18 5,557.74 283,444.92 562 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Director SUBJECT:Ordinance 2111 Final Adoption, Departures for Housing Creation, Create a New Section of the Municipal Code, 38.320.070 to Authorize Additional Administrative Flexibility In Administration of Specified Residential Standards through departures and Create Definitions for Infill and Missing Middle Housing to incentivize housing creation, Application 22133 MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Adoption of Ordinance 2111 as presented. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:Ordinance 2111 is one part of a larger effort to support more housing affordability in the community. The Bozeman Code Audit completed this spring made a number of recommendations to support housing creation. Ordinance 2111 creates two new definitions and authorizes additional administrative flexibility in applying adopted development standards for home construction to incentivize creation of more housing. Infill has been a long standing priority of the City but no formal definition of the term has been created. Missing middle housing is a more recent term in community discussion of housing but likewise not formally defined. As applied to the new departures, the term missing middle housing is focused solely on the nature of the structure containing the homes and has no connection to the cost of the housing. The amendments allow relaxed standards relating to setbacks, building heights, lot coverage, parking, open space (not parks), and standards for accessory dwellings in exchange for creation of more housing. See the attached draft Ordinance 2111 for the proposed text. The attached Ordinance includes the amendment made by the City Commission at their public hearing on June 7, 2022 to add minimum lot width related to accessory dwellings as an available departure. The discussion on Ordinance 2111 begins at 45 minutes into the recording. See the attached staff report for further background and purpose. A copy of an informational notice sent out through the City's website and other services is also attached. 563 UNRESOLVED ISSUES:None. The City Commission considered and decided two unresolved issues on whether to make further amendments as recommended by the Community Development Board at the Commission's June 7th meeting. ALTERNATIVES:1. Continue the item with direction for staff to make further revisions to the text of Ordinance 2111. 2. Not pass the item for final adoption which would terminate the amendment process and make no changes to the municipal code. FISCAL EFFECTS:None. Attachments: Ordinance 2111 Departures - Commission Provisional 6-8- 2022.pdf 22133 City Commission Staff Report - Departures.pdf 22133 Departures amendments - e-news.pdf Report compiled on: June 8, 2022 564 Ord 2111 Page 1 of 7 ORDINANCE 2111 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO CREATE 38.320.070, DEPARTURES FOR HOUSING CREATION, ESTABLISHING A NEW METHOD OF DEPARTURES TO AUTHORIZE ADDITIONAL FLEXABILITY IN THE ADMINISTRATION OF SPECIFIED RESIDENTIAL STANDARDS, AMENDING 38.700.100, I DEFINTIONS, AMENDING 38.700.120, M DEFINTIONS, AND PROVIDING AN EFFECTIVE DATE, APPLICATION 22133. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and WHEREAS, after proper notice, the Community Development Board in their capacity as Bozeman Zoning Commission held a public hearing on May 16, 2022 to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the Community Development Board acting in their capacity as the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 22133, be approved as proposed; and WHEREAS, after proper notice, the City Commission held its public hearing on June 7, 2022, to receive and review all written and oral testimony on the proposed amendment to the subdivision regulations; and WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated § 76-2-304, and found that the proposed amendments are in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 565 Ordinance No. 2111, Departures for Housing Creation Page 2 of 7 1. The City has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2- 304, 76-3-102, and 76-3-501. 2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by Resolution 5133 to establish policies for development of the community which policies include support for infill and redevelopment, increased density of homes, and housing diversity. 3. Zoning and subdivision regulations must be in accordance with the adopted growth policy; and the growth policy encourages development of standards to encourage infill development and incremental increases in residential density in existing developed areas. 4. The City accepted as a basis for housing implementation actions an amended Community Housing Action Plan by Resolution 5143. 5. The City undertook a public process to review and consider possible revisions to the City zoning regulations with the intent to remove potential barriers and to encourage creation of additional housing and especially housing which accomplishes community aspirations identified in the growth policy and the Community Housing Action Plan. 6. The City Commission conducted a work session on March 1, 2022 to receive public comment, consider alternative options, and provide direction to staff during which work session they directed preparation of amendments in the form of those included with this ordinance. 7. A staff report analyzing the required criteria for an amendment to the City’s regulations for zoning review, including the amendment’s accordance with the BCP 2020, and has found that the required criteria of Montana Code Annotated § 76-1-304 are satisfied. 8. The necessary public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the applicable materials and provide comment. 9. The City Commission considered the application materials, staff analysis and report, recommendation of the Community Development Board acting in their capacity as the municipal Zoning Commission, all submitted public comment, and all other relevant information. 10. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of the decision, the required criteria for approval of this ordinance are satisfied. 566 Ordinance No. 2111, Departures for Housing Creation Page 3 of 7 11. The City Commission determines that the ordinance provides a proper balance of interests, rights, and responsibilities of all parties affected by the ordinance. Section 2 That Section 38.320.070, Departures for Housing Creation, of the Bozeman Municipal Code be created to read as follows: 38.320.070, Departures for Housing Creation A. Intent. The intent of this provision is to allow minor departures from existing residential development standards when the review authority determines that the departure will reduce the cost of production of and an increase production of housing while maintaining consistency with the City’s adopted growth policy and purposes of this chapter. These departures are especially applicable to infill sites as defined in 38.700.100 and missing middle housing as defined in 38.700.120. B. Applicability. The review authority may approve departures from residential development standards as identified in Table 38.320.070 if the review authority determines that the criteria in Subsection C below have been met. Approval of a departure authorizes development with a different standard than is otherwise required by this chapter. Table 38.320.070 Ordinance Standard Amount of Departure Permitted from Standard All Types of Residential Dwellings Maximum or minimum building setbacks 10% Reduction from minimum setback requirements of Division 38.320, (which may be limited by other standards or may have impacts on construction costs); Does not apply to watercourse or floodplain setbacks. Maximum building height 5 feet above the maximum applicable limit in Division 38.320 Maximum lot coverage 10% above the maximum applicable limit in Division 38.320 Parking requirements for single or multi- household dwellings with 2 or more bedrooms 2 parking spaces per dwelling, without regard to number of bedrooms in each dwelling for, not less than one and up to 5 dwellings or 20% of dwellings, in a development whichever is more. Parking requirements for multi-household dwellings with one or fewer bedrooms 1 parking space per dwelling for any efficiency or one-bedroom unit for, not less than one and up to 5 dwellings or 20% of dwellings, in a development whichever is more. Townhouse or Rowhouse Dwellings Useable open space (38.360.220) Reduction of up to 20% in required dimension, or area, or both of per-unit useable open space. 567 Ordinance No. 2111, Departures for Housing Creation Page 4 of 7 Multi-household Residential (5+ units) Useable open space (38.520.060) 20% reduction for any new development within one-quarter mile pedestrian travel distance of an existing park. Accessory Dwelling Units (ADU) Lot size ADUs may be permitted on any lot in a district where ADUs are an allowed use that meets the lot size requirement for the principal structure and all other standards in the zone district in which the lot is located (except for lots under 3,000 sq. ft. in area or lots containing attached townhomes), without the requirement for 1,000 square feet of additional lot area. Minimum Lot Width A reduction of not more than 10 feet to the numerically specified minimum residential lot width in Division 38.320. Number permitted Up to 1 internal and 1 detached ADU per lot ADU size Minimum size is allowed to be above 600 feet up to a maximum size of 60% of gross floor area of primary dwelling unit; or If the ADU is above a garage: Equal to footprint of main floor of garage; or If the ADU is in an attic or basement: Equal to footprint of main floor of the primary dwelling. C. Criteria. To approve departures , the review authority must determine that criteria 1 and 2; and at least one of criteria 3-5 are met: 1. The departure will result in at least one more home than would otherwise be possible; and 2. The purpose of the standard can still be accomplished if the departure is granted; and 3. The departure will not impose negative impacts on surrounding property; or 4. The departure is applicable to missing middle housing; or 5. The departure is applicable to an infill site. D. Procedure. The request for a departure must be submitted with the initial application for any development. Review times and processes are coordinated with the development application. These departures are not applicable to subdivision reviews. E. Appeals. A decision by the review authority to approve or deny a departure may not be appealed independently, but the decision regarding an application as a whole that includes a departure may be appealed pursuant to Division 38.250. 568 Ordinance No. 2111, Departures for Housing Creation Page 5 of 7 Section 3 That Section 38.700.100, I Definitions, of the Bozeman Municipal Code be amended to include a new definition with the remainder of the section to remain as written: Infill. The development or redevelopment of vacant, abandoned, or underutilized properties within or wholly surrounded by the City, and where water, sewer, streets, and fire protection have already been developed and are provided. Infill is development proposed or located within land that has been subdivided for at least 35 years. Section 4 That Section 38.700.120, M Definitions, of the Bozeman Municipal Code be amended to include a new definition with the remainder of the section to remain as written: Missing middle housing. A residential building containing two, three, or four dwellings in any configuration, as well as townhomes and cottage housing. Section 5 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are hereby repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 6 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred, or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 7 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. 569 Ordinance No. 2111, Departures for Housing Creation Page 6 of 7 Section 8 Codification. This Ordinance shall be codified as appropriate in Section 2 – 4. Section 9 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 7th day of June, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2022. The effective date of this ordinance is __________, __, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 570 Ordinance No. 2111, Departures for Housing Creation Page 7 of 7 _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 571 Page 1 of 14 22133 Staff Report for the Housing Departures Text Amendment, Ordinance 2111 Public Hearings: Community Development – May 16, 2022. City Commission – June 7, 2022. Project Description: Create a new tool for additional flexibility in applying the City’s development standards for housing. See Appendix A for the detailed description. Project Location: Revision to the text is applicable City-wide to all development that includes housing. Recommendation: Meets applicable criteria. Community Development Board Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22133 and move to recommend approval of Ordinance 2111. City Commission Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22133, and move to provisionally adopt Ordinance 2111. Report: May 25, 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 Accept or not accept recommended additions and changes by the Community Development Board (CDB). 1) Additional departure for lot width for Accessory Dwellings as described below in the Community Development Board summary. If the Commission wishes to accept this recommendation, staff recommends the following language be added to Table 38.320.070 under the Accessory Dwelling Unit portion. Existing required lot widths in Table 572 Staff Report for the Housing Departures Text Amendment 22133 Page 2 of 14 38.320.030.B for ADUs vary by residential district and range from 0 in R-5 to 50 feet in RS with the majority being 40 feet. Minimum Lot Width A reduction of not more than 10 feet to the numerically specified minimum residential lot width in Division 38.320. 2) Revisions to Paragraph 38.320.070.C An amendment was offered and passed to revise Paragraph 38.320.070.C in several ways. First, to amend the introductory sentence to read “To approve departures as written, the review authority must determine that criteria 1 and 2; and at least one of criteria 3 and 4 are met.” Second, to strike criterion 3 and renumber the following two criteria. Third, to add a concluding sentence to read “In addition, for the departure to be approved, the City must determine that any negative impacts on surrounding property are, on balance, insignificant in comparison to the positive effects of approving the departure.” The practical effect of this proposed CDB amendment to the staff draft of the ordinance is that the scope of the departures would be narrowed to only apply to sites that are infill and missing middle construction. The original language of section C.3 allows the departures to be available to any type or location of new residential construction; but it imposes a subjective balancing test of the benefits of the development and the impacts to the neighboring properties prior to approval of any departure in exchange for the additional flexibility. Therefore, under the staff language a departure is allowed when any one or more of criteria C 3-5 are met. Should the City Commission accept the overall approach offered in the CDB motion, Staff suggests criterion 3 be dropped entirely. A key question is whether the Commission wishes to limit the new departures to infill and missing middle housing. If the answer is no and the Commission wants all forms and locations of residential housing to be able to seek a departure, then staff suggests criterion C.3 be reworded to read “The departure has no demonstrable physical hazards to adjacent properties, or” and the remainder of the CDB recommendation not adopted. This leaves open the option for all forms of residential development to pursue one of the new departures and provides a simpler and more readily demonstrated standard. Project Summary The amendments create two new definitions and a new section to authorize additional administrative flexibility. The amendments apply to adopted development standards for home construction. Infill is a long standing priority of the City but no formal definition of the term has been created. Missing middle housing is a more recent term in community discussion of housing but likewise is not formally defined. As applied to the new departures, 573 Staff Report for the Housing Departures Text Amendment 22133 Page 3 of 14 the term missing middle housing is focused solely on the nature of the structure containing the homes and has no connection to the cost of the housing. See the attached draft Ordinance 2111 for the proposed text. These amendments are applicable across the entire city where construction including housing is allowed. Use of these departures is voluntary. The applicant chooses whether or not to use them if the departure has value to the project. This work is partial implementation of a review of municipal standards for housing construction. The City Commission gave direction at their March 1, 2022 to start this amendment process. The proposed ordinance balances community priorities of encouraging additional housing production and addressing impacts of development. Separate ordinances addressing other housing and review processes will be reviewed during the course of the summer. A larger update of the UDC is starting this spring. The proposed amendments provide increased flexibility for the designer. The trade-off is additional complexity in code administration and less predictability for the general public. See Appendix A for additional information. Strategic Plan Implementation 4.1 Informed Conversation on Growth - Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. 4.2 High Quality Urban Approach - Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. 4.5 Housing and Transportation Choices - Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. 7.3 Best Practices, Creativity & Foresight- Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. Economic Vitality Board The Economic Vitality Board (EVB) has the duties of the former Community Affordable Housing Advisory Board. The EVB reviewed draft Ordinance 2111 on May 5, 2022. They unanimously recommend approval to the City Commission. The EVB questioned the 574 Staff Report for the Housing Departures Text Amendment 22133 Page 4 of 14 paragraph D requirement for departure requests to be submitted as part of the initial application and expressed a desire to allow departure submissions later in the review process. Staff recommends that departure requests only happen at the beginning of the review process to streamline the review process and ensure transparency for members of the public who wish to examine a development proposal and provide public comment. the City must disclose to the public what is being reviewed and possibly approved with an application. This enables the public to comment and participate in decision making. There isn’t a separate application for departures. Instead, a narrative explaining what departure is requested and how it meets criteria is part of the overall project package. If applicants are allowed to submit departure requests later in the review process, the effect is a substantial change the project and, therefore, public notices and other process requirements must be repeated. So, putting in the submittal requirement up front actually speeds up the total review process. In the event a need for a departure is identified part way through a project the applicant can amend the application. That slows application review as noted above, but departures are not prohibited if the applicant overlooks something initially. Community Development Board The Community Development Board conducted a public hearing in their capacity as the Zoning Commission on June 16, 2022. The video recording of the meeting is available through the City’s online services. The discussion on this item begins at 1 hour 33 minutes into the meeting. Written comments were received from three people. All are available in the Laserfiche folder for this project. Any additional received comments will be added to the folder. After conducting the hearing and discussion the Board recommended approval on a vote of 7:1. The Board recommended two amendments to the draft ordinance. 1. That lot width be included in allowable departures in Table 38.320.070 to encourage ADU construction with an opportunity to reduce minimum required lot width by 10 feet. 2. Revise 38.320.070.C.3 to say, “To approve departures as written, the review authority must determine that criteria 1 and 2; and at least one of criteria 3 and 4 are met.” And then we delete what’s currently 3, so four becomes 3 and 5 becomes 4. And then we add sentence after all of that that says: “In addition, for the departure to be approved, the City must determine that any negative impacts on surrounding property are, on balance, insignificant in comparison to the positive effects of approving the departure.” Alternatives 1. Deny the ordinance based on findings of non-compliance with the applicable criteria contained within this report; 2. Adopt the ordinance with Commission directed amendments; or 575 Staff Report for the Housing Departures Text Amendment 22133 Page 5 of 14 3. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. 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 - ZONE AMENDMENT STAFF ANALYSIS AND FINDINGS....................... 6 Spot Zoning Criteria ......................................................................................................... 10 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 10 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 11 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 14 APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 14 FISCAL EFFECTS ................................................................................................................. 14 ATTACHMENTS ................................................................................................................... 14 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a text amendment, the Staff recommends approval. A possible change in wording is presented in the Executive Summary in response to a recommendation by the Community Development Board. The Community Development Board in their capacity as the Zoning Commission held a public hearing on these amendments on May 16, 2022, at 6 pm. The Community Development Board recommended to amendments to the draft ordinance. See discussion under Executive Summary. The City Commission will hold a public hearing on the text amendment on June 7, 2022 at 6:00 p.m. 576 Staff Report for the Housing Departures Text Amendment 22133 Page 6 of 14 SECTION 2 - ZONE AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone text amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone text amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone text amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone text amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. The existing development review processes and standards were previously found to satisfy all of the following criteria during earlier reviews. The focus of this report is only on the amendments proposed. Where a finding of Neutral is presented it represents that the criteria is either not applicable to the proposed amendments or that the change does not materially advance or detract from compliance. Therefore, a finding of Neutral is not necessarily an indication of a deficiency in the proposed amendments or the existing standards. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion is met. A growth policy provides a high level vision of how a community hopes to develop over time. As a key tool to implement the growth policy, zoning must be in accordance with the growth policy per 76-2-304(1)(a), MCA. Bozeman adopted a new growth policy in November 2020. A review of the growth policy shows multiple goals and objectives relating to housing. The proposed amendments implement the growth policy. Examples of relevant goals and objectives are: N-1.1. Promote housing diversity, including missing middle housing. N-1.11. Enable a gradual and predictable increase in density in developed areas over time. Goal N-4: Continue to encourage Bozeman’s sense of place. 577 Staff Report for the Housing Departures Text Amendment 22133 Page 7 of 14 DCD-1.2. Remove regulatory barriers to infill. DCD-1.5. Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. DCD-4.4. Differentiate between development and redevelopment. Allow relaxations of code provisions for developed parcels to allow redevelopment to the full potential of their zoning district. The proposed ordinance creates key definitions, such as infill and missing middle, so it can be determined when standards can be subject to flexibility versus applied as the default values. The additional flexibility allows context specific analysis of individual sites. For example, land that remains undeveloped often has fewer site specific conditions that make complying with established standards difficult. In contrast, long-developed areas may have existing features that make it hard to meet a full standard, but can overall meet the purpose of a standard. The additional flexibility proposed by this ordinance supports redevelopment with accompanying required increase in housing stock. The limits on the degree of flexibility allowed respects the existing context of an area and therefore Bozeman’s sense of place. The facilitation of additional housing construction will support an increase in density in a gradual manner and support redevelopment of areas not meeting their full potential at this time. The municipal code authorizes housing meeting the definition of missing middle housing in most residential and some mixed use zoning districts. Missing middle is, among other purposes, a method to support increased density in existing areas while addressing the constraints of smaller existing sites. No element of the proposed ordinance affects the future land use map. Therefore, no analysis of correspondence to the future land use map is provided. B. Secure safety from fire and other dangers. Criterion is met. Building code standards for fire resistance, exiting, and other protection remain in place and will continue to protect the public. The requirements to avoid floodplains and similar physical hazards remain in place. These departures will only apply in areas that can meet the generally applicable standards for development. Therefore, access by emergency services, suitable water and sewer services, and other safety features remain. C. Promote public health, public safety, and general welfare. Criterion is met. The existing standards addressing this criterion remain in place. See also responses to Criteria B and D. The criteria for approval of a departure requires creation of additional homes therefore there will be a public benefit (additional housing) in exchange for the flexibility allowed by the departure. The additional criteria limit the scope of standard reduction to ensure that public interests and concerns are addressed. 578 Staff Report for the Housing Departures Text Amendment 22133 Page 8 of 14 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. The proposed amendments allow for some additional flexibility but still require that each functional element be addressed. The core standards will still apply for the majority of new construction. The departures are seeking a balance between community priorities and offering more latitude in defined areas to support creation of additional numbers and wider range of homes types. F. The effect on motorized and non-motorized transportation systems. Neutral. The City conducts extensive planning for municipal transportation, trails, and parks related to this criterion and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The proposed amendments do not alter these plans or associated standards. Parking is a component of a functional transportation system. The proposed amendments include a modest adjustment for residential parking for a partial reduction for a small number of homes. The City will consider more extensive potential changes to parking under other amendments. Therefore, the impacts on transportation should be minimal from these amendments. G. Promotion of compatible urban growth. Criterion is met. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, 579 Staff Report for the Housing Departures Text Amendment 22133 Page 9 of 14 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. The amendments do not alter the uses allowed in zoning districts. Setbacks and height are allowed to be reduced or exceeded by a small percentage which varies by district. Other standards addressing compatibility are not being modified through these amendments. Compliance with City standards is generally considered adequate to avoid negative impacts of development. Therefore, staff concludes the criterion is met. H. Character of the district. Criterion is met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the text and not the zoning map. The analysis focuses on the nature and character of the districts separate from an individual property or site. No uses are changed by the amendments. The departures only apply to residential uses. Residences are allowed in some form in most zoning districts so the departures are applicable throughout most of the city. The definition of infill inherently restricts its use to about half of the city. This area will expand every year as the definition includes a time component. The types of housing meeting the missing middle definition excludes traditional single homes or apartments. These elements will limit the scope to which the departures may be applied. However, in combination the alternative criteria 3-5 for approval allows application through one or another criterion broadly in the community. The scope of departures is deliberately narrow. 38.250.060 states “The purpose is to provide applicants with the option of proposing alternative design treatments provided such departures meet the purpose of the particular standard and any additional departure criteria set forth for the particular departure opportunity.” The scope of specific departures shown in the amendments is deliberately modest. For example, in the R-3 district the maximum building height is 36 or 46 feet depending on roof pitch. The departure allows up to a 5 foot height increase. This means the departure authorizes up to a 13.8% to 10.8% increase in height. Such a difference is reasonably modest and does not materially change the character of the district. I. Peculiar suitability for particular uses. Neutral. The proposed amendments are not changing the zoning map or the uses allowed within zoning districts. Therefore, no detailed analysis regarding this criterion can be 580 Staff Report for the Housing Departures Text Amendment 22133 Page 10 of 14 performed. The existing zoning districts were previously found to be suitable for the locations shown on the zoning map. J. Conserving the value of buildings. Criterion is met. The proposed amendments are not changing the zoning map or the uses allowed within zoning districts. No standard is being created which will reduce allowed building areas or otherwise restrict the development capacity of a specific property. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion is met. The zoning map and future land use map of the growth policy identify areas where specific uses are generally appropriate. However, both occur at a coarse level of detail and do not authorize construction. Site development review through the site plan, special use permit, or sketch plan review does address details and authorize construction once a building permit is issued. The proposed departures support increased housing construction in infill locations. This is an outcome supported by the growth policy, see Criterion A. Therefore, the criterion is met. Spot Zoning Criteria Amendments to the zoning map may, in certain factual circumstances, constitute impermissible “spot zoning.” The proposed amendments do not alter the zoning map in any way. The amendments allow greater flexibility and development capacity equally to all applicable districts. Therefore, no analysis of spot zoning criteria is provided. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against 581 Staff Report for the Housing Departures Text Amendment 22133 Page 11 of 14 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 City supports creation of housing overall by many methods including: o supporting and completing infrastructure construction, o primarily of-right development review except where required by state law, o use of tax increment financing in support of housing, o general fund support for affordable housing projects, and o many others. The City consistently reviews and updates it regulations to keep them relevant and effective. Over the past 20 years, the City has increased allowed development intensity by many actions including, but not limited to: • reduced standards such as land area per home by as much as 60%; • reduced setbacks from property lines by as much as 58%, • removed requirements for minimum home sizes, • increased maximum allowed heights, • authorized accessory dwellings for all residential zoning and reduced standards related to accessory dwelling several times, • narrowed required width of lots, • simplified landscaping standards and encouraged lower water use plantings, • approved dozens of zone map amendments to allow more intensive uses, and 582 Staff Report for the Housing Departures Text Amendment 22133 Page 12 of 14 • simplified review processes. Despite the continuing reduction in regulatory requirements the cost of housing continues to escalate, especially compared to local wages. Lack of adequate construction personnel, rapidly increasing prices of materials and land, and other broad issues continue to drive up housing costs. The recent pandemic amplified existing trends and housing prices have greatly increased. An article by Tim Ford in the May 1, 2022, Bozeman Magazine shows median single home sale prices in the Bozeman area from first quarter 2020 to first quarter 2022 increasing by $389,000. This is an increase of 76% in two years. The gap between cost of construction and wages is not limited to Bozeman city limits. The One Valley Foundation prepared a housing study in 2021 looking at the entire county and affordable housing issues. Across all housing types and locations they found consistent gaps in available wages and cost of construction. The following image is from that report. The City cannot change any regulation that offsets such large increases in home prices and capital gaps between wages and cost of construction. The City can, and is, examining what it 583 Staff Report for the Housing Departures Text Amendment 22133 Page 13 of 14 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 is the Housing Departures for Housing Creation text amendment, Ordinance 2111. Amendments to replace planned unit development and affordable housing requirements and process will be reviewed this summer. A larger and more comprehensive code review is beginning and is expected to conclude by the end of 2023. The City has prioritized infill and redevelopment for many years. The proposed amendment continues code revisions in support of infill. The nature of previously developed areas is complex and highly variable as uses and structure change over time and under a range of regulatory standards. The new departures support infill by providing a bit of additional flexibility in applying standards, found to be necessary for public health, safety, and welfare, to existing sites. When developing a standard it is necessary to determine when it has been met. Generally, people prefer clear numeric standards and they are simpler to understand and apply. However, it is rare that a specific number is always exactly the right answer under every circumstance. The departure process allows an applicant to show compliance with the essential intent and most of the numeric standard under defined situations. This keeps a basic level of predictability while allowing some site specific responsiveness with associated ability to construct additional housing. 584 Staff Report for the Housing Departures Text Amendment 22133 Page 14 of 14 Housing in some form is allowed in all Bozeman’s zoning districts. Therefore, the scope of the amendment can apply to any parcel in the community. To take advantage of the new departure a development must construct housing. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was published in the Bozeman Daily Chronicle on 5/1/2022, 5/8/2022, and 5/22/2022 and contained all required elements. Notice was provided at least 15 days before the Zoning Commission public hearing, and not more than 45 days prior to the City Commission public hearing. The City exceeded the required notice provision. Hearing dates are on the first page of this report. Three written public comments has been received so far on this item. Comments are available through the Laserfiche archive. If additional comments are received they will be placed in the same project folder in Laserfiche. APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771 Representative: Department of Community Development, City of Bozeman, PO Box 1230, Bozeman MT 59771 Report By: Chris Saunders, Community Development Manager FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Ordinance 2111 Public information sheet 585 Revisions to the Unified Development Code create more flexibility in housing standards. What? The City of Bozeman continuously evaluates its regulations, seeking more effective ways to address community issues and needs. Last year, Bozeman hired a consultant to look over its land development regulations and identify possible barriers to creating more homes in the community. The review included multiple public meetings and other opportunities to learn from the community. You can check out the full report from the project in the Documents section on the Code Audit web page to see details. The report contains suggested alternatives. The City Commission is considering which suggestions to pursue. The City proposes to change some regulations as a result of that evaluation. Other changes will follow. There are three things the proposed amendments will do: 1. Create a new section 38.320.070, “Departures for Housing Creation” in the Unified Development Code 2. Create a new definition for “Infill” to be included in section 38.700.100, I definitions. 3. Create a new definition for “Missing middle housing” to be included in section 38.700.120, M definitions. Why? Departures allow the city staff to approve development that meets a less restrictive standard than usually applies to building homes. Examples of departures include allowing a smaller lot size, fewer parking spaces, and flexibility in open space requirements. The additional flexibility is limited to specific purposes and only applies to the standards established in the new Departures section of the Unified Development Code. The intent of this amendment is to make it easier to construct homes, especially a broader variety of types of homes, and in areas that are already developed. The complete text of the proposal, and other related information like meeting dates, is available through the Department Community Development, 20 E Olive Street, Bozeman MT 59715; 406-582- 2260, and online. The proposal may change as the public review process proceeds. Who Decides? At the City Commission’s public hearing the City Commission may act to approve, modify, or reject the proposal or continue the public hearing to another date. The City Commission may change any of the proposed wording in this project during the public hearing process. How can I weigh in? There will be two public hearings, on Monday, May 16, 2022 at 6:00 p.m., before the Community Development Board and on Tuesday, June 7, 2022 at 6:00 p.m., before City Commission. Both meetings will be at City Hall at 121 N Rouse at 6 pm. The city encourages anyone to review the new rules and let us know what you think. You can tell us your thoughts at the public hearings or in writing. Written comments may be submitted before the public hearings to Chris Saunders at the City of Bozeman, Department of Community Development, P.O. Box 1230, Bozeman, MT 59771-1230. Comments may also be emailed to agenda@bozeman.net. Please reference Ordinance 2111 in all comments. 586 If you would like accommodations for disabilities, please contact Mike Gray, City of Bozeman ADA Coordinator, 582-3232 (voice), 582-3203 (TDD). 587 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Community Development Director SUBJECT:Ordinance 2112 Final Adoption of Amended Zoning on 7.33 Acres from B-2, Community Business District to B-2M Community Business District - Mixed Located Northwest of West Main and Babcock Streets, Application 21438 MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisional Adoption of Ordinance 2112. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City Commission preliminarily adopted this application on April 5, 2022. Application materials and staff report are available with the initial packet as item M.4 in the City Commission packet. The video recording of the City Commission is also available. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No budgeted funds are used by this action. Attachments: 21438 Carroll on Main ZMA Ordinance 2112.pdf 21438 Carroll on Main ZMA Map Exhibit.pdf Report compiled on: May 26, 2022 588 Ord 2090 Page 1 of 5 ORDINANCE NO. 2112 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE TWO PARCELS FROM B-2, COMMUNITY BUSINESS, TO B-2M, COMMUNITY BUSINESS MIXED, ON 7.33 ACRES, THE CARROLL ON MAIN ZONE MAP AMENDMENT, APPLICATION 21438. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2, Part 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to rezone two existing parcels from B-2 to B-2M on 7.33 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on June 28, 2021 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 21438, the Carroll on Main Zone Map Amendment, be approved as requested by the applicant; and 589 Ordinance No. 2090, 1919 Bridger Drive ZMA Page 2 of 5 WHEREAS, after proper notice, the City Commission held its public hearing on April 5, 2022, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested B-2M district. 590 Ordinance No. 2090, 1919 Bridger Drive ZMA Page 3 of 5 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the Carroll on Main Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby amended from B-2, Community Business, to B-2M, Community Business Mixed District: The property is described as: Tracts of land described as Tract 1 of COS 133-A and Lot 2 Minor Subdivision No. 72, both situated in the Northeast One-Quarter (NE ¼) of Section 11, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana and more particularly described as: Beginning at a point whose Northing is 1024210.097 and whose Easting is 831983.608; thence bearing N 1-32-34.481 E a distance of 269.75 feet; thence bearing S 87-08-02 E a distance of 52.99 feet; thence along a curve to the RIGHT, having a radius of 1431.78 feet, a delta angle of 18° 23' 38", and whose long chord bears S 77-52-21 E a distance of 457.68 feet; thence bearing S 68-48-34 E a distance of 139.91 feet; thence along a curve to the LEFT, having a radius of 422.15 feet, a delta angle of 18° 59' 31", and whose long chord bears S 11-57-11 W a distance of 139.29 feet; thence bearing N 88-11-24 W a distance of 119.21 feet; thence bearing S 1-28-27 W a distance of 225.64 feet; thence along a curve to the LEFT, having a radius of 1537.50 feet, a delta angle of 15° 21' 40", and whose long chord bears S 55-50-14 W a distance of 410.97 feet; thence bearing N 88-52-50 E a distance of 157.34 feet; thence bearing N 1-29-57 E a distance of 471.90 feet to the point of beginning. Area = 7.33 acres more or less, along with and subject to all easements of record. 591 Ordinance No. 2090, 1919 Bridger Drive ZMA Page 4 of 5 Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 592 Ordinance No. 2090, 1919 Bridger Drive ZMA Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 7th day of June, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2022. The effective date of this ordinance is __________, ___, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 593 ES ES ES ES ES ES ES ES ES CURRENT ZONING: B-2 PROPOSED ZONING: B-2M SIZE: ~ 4.22 AC (183,823.2 SQ FT) & ENGINEERS PLANNERS SURVEYORS DESIGNER DRAWN CHECKED PROJ. NO. DATE SURVEYED DESCRIPTIONDATEREVISION SHEET OF 10/26/21 15:52 MIKE.RUSSELL F:\7263 CARROLL ON MAIN\ENGINEERING\DOCS\ZMA\ZMA MAP\ZMA MAP COM.DWG;11 --- ALTA 10/25/2021 - MR KD - ZMA MAP EXHIBIT ~ 2121 WEST MAIN CARROLL ON MAIN N SCALE IN FEET 0 50 100 (PLOT SIZE = 11" x 17") CURRENT ZONING: B-2 PROPOSED ZONING: B-2M SIZE: ~ 3.11 AC (135,471.6 SQ FT) CURRENT ZONING: R-0 PROPOSED ZONING: R-0 SIZE: ~ 2.54 AC (110,642.4 SQ FT) SURROUNDING PROPERTY ZONING: R-3 SURROUNDING PROPERTY ZONING: PLI GENERAL NOTES: -AN EXISTING STREAM THAT ALSO SERVES AS A STORM DRAIN FACILITY RUNS NORTHWARD NEAR THE NORTHEAST BORDER OF THE PROPERTIES PROPOSED TO BE REZONED. -THERE IS NO CURRENT COUNTY ZONING WITHIN OR NEAR THE PROPERTY PROPOSED TO BE RE-ZONED. -SOURCE OF INFORMATION: BOZEMAN GIS, GALLATIN COUNTY GIS, NATIONAL HERITAGE MAP VIEWER, SURVEY DATA -REFERENCED SURVEY DATA IS PROVIDED FROM AN ALTA SURVEY PERFORMED BY ALPINE SURVEYING & ENGINEERING ON 02/05/2020 -SEWER (GREEN) AND WATER LINES (BLUE) HAVE BEEN HIGHLIGHTED FOR EASE OF LOCATING BOUNDARY OF PROPOSED RE-ZONING (TYP.) SURROUNDING PROPERTY ZONING: R-3 SURROUNDING PROPERTY ZONING: B-2 PROPOSED REZONE LOCATION CURRENT ZONING MAP 594 Memorandum REPORT TO:City Commission FROM:Greg Sullivan, City Attorney SUBJECT:Ordinance 2118 Final Adoption Authorizing City Commission to Establish by Resolution Criteria and Procedures for Remote Participation by Commissioners and Board Members MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Finally Adopt Ordinance 2118 STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:On June 14, 2022, the City Commission provisionally adopted Ordinance 2118. This Ordinance provides enabling authority in the Commission's Rules of Procedure to adopt criteria and policies for remote participation by commissioners and board members at public meetings. The policies for remote participation were adopted by Resolution 5421 and became effective immediately. The amendment made by the Commissioners related to requiring the presiding officer to be in-person at the meeting was made to Resolution 5421. UNRESOLVED ISSUES:City staff are continuing to work on the technology that would enable remote participation to begin. Resolution 5421 requires the city manager to determine when the technology and organizational capacity exists to support remote participation. Only upon such a determination may commissioners and board members begin to participate remotely. In addition, additional work will be required with board liaisons and board chairs before board members can begin to participate remotely. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:City staff are working to determine whether new technology must be purchased. City staff will continue to work to determine the costs associated with the technology. City Manager Mihelich estimated the costs of technology could be between $3,000 and $5,000. 595 Attachments: Ordinance 2118 Remote Participation 6122 gs.docx Report compiled on: June 14, 2022 596 Ord 2118 Page 1 of 4 ORDINANCE 2118 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING SECTION 2.02.110, BOZEMAN MUNICIPAL CODE, TO AUTHORIZE THE CITY COMMISSION TO ADOPT PROCEDURES AUTHORIZING REMOTE ATTENDANCE BY MEMBERS OF THE COMMISSION AND CITY BOARDS AT PUBLIC MEETINGS. WHEREAS,pursuant to 2-3-103, MCA, and the Montana Constitution, the City of Bozeman must establish procedures for permitting and encouraging the public to participate in decisions of the City Commission and of the City’s boards, committees, or agencies that are of significant interest to the public; and WHEREAS,the City has adopted such procedures through Chapter 2, Article 2, Bozeman Municipal Code, among others; and WHEREAS,the Commission desires to adopt procedures to authorize members of the commission and the City’s boards, committees, and agencies to participate remotely under specific circumstances and conditions while ensuring such remote participation fulfills the City’s obligation to permit and encourage public participation. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That section 2.02.110, BMC shall be amended to read as follows: Sec. 2.02.110. Open meetings, remote meetings, and email. A.Except for properly called executive sessions as permitted by state law, all meetings of the city commission must shallbe open to the public and media, freely subject to recording 597 Ordinance No. 2118 (Authorizing the Establishment of Procedures for Remote Attendance) Page 2 of 4 by radio, television and photography at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings. B.The city commission may by resolution adopt procedures authorizing remote attendance by commissioners at public meetings. Such rules must establish procedures and criteria for when a commissioner may participate remotely and the manner in which remote participation must occur, including any technological requirements. The commission may by resolution authorize remote attendance by members of city boards. C.A majority of the commission shall not conduct synchronized email discussions involving a matter over which the commission has supervision, control, jurisdiction, or advisory power. Synchronized email discussions are email exchanges among three or more commissioners within minutes of each other that create the quality of simultaneity similar to instant messaging or chat room discussions. Such discussions are characterized as an active exchange of information rather than the passive receipt of information. An example of synchronized email discussion would be three commissioners sitting at their computers and instantly exchanging emails concerning city business, whereas a passive receipt of information is where a commissioner receives an email and responds in the normal course of time similar to responding by letter received in the mail. The commission shall not view emails or other electronic communication mechanisms concerning any matter on the agenda during a city commission meeting unless the submission is part of a specifically approved and adopted electronic public testimony program. Electronic communication mechanisms include text messaging or any other emerging technology that violates the spirit of open meeting laws. This does not preclude viewing emails or electronic communication mechanisms that were received prior to the commission meeting. Emails received by commissioners concerning an agenda item shall be forwarded to the city clerk and retained in accordance with the city's retention policy. Section 2 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. 598 Ordinance No. 2118 (Authorizing the Establishment of Procedures for Remote Attendance) Page 3 of 4 Section 3 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 4 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 5 Codification. This Ordinance shall be codified as indicated in Section 1. Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 599 Ordinance No. 2118 (Authorizing the Establishment of Procedures for Remote Attendance) Page 4 of 4 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 14th day of June, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is __________, __, 20__. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 600 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Community Development Interim Director SUBJECT:Annexation and Initial Zoning Application 21443 Requesting Annexation of 8.56 Acres and Amendment to the City Zoning Map for the Establishment of a Zoning Designation of B-2M (Community Business-Mixed District) MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21433 and move to approve the 6590 Davis Lane Annexation. AND Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21433 and move to recommend approval of the 6590 Davis Lane Annexation Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The applicant and property owners seek to annex one parcel totaling approximately 8.56 acres into the City limits and establish initial zoning of B- 2M, Community Business District--Mixed. The property is currently zoned “Agriculture Suburban” (AS) within the Gallatin County Bozeman Area Zoning District and surrounded to the north, east, and south by the same AS county zoning. Nearby municipal zoning to the east is B-2 (Community Business District). The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Community Commercial Mixed Use” which includes the B-2M district as an implementing zoning district. The property is bordered by Davis Lane to the west (a Bozeman classified minor arterial street). The proposed annexation would bring in additional right of way to 601 build out Davis Lane to the full city street classification as would be required with future development. The property is currently host a detached single-household residential structure connected to an individual well and septic systems. The property is surrounded to the north, east, and south by other similar residential properties utilizing individual well and septic systems. There is an existing 24 inch sanitary sewer pipe in Davis Lane. Water supply is installed in adjacent streets of Galloway and Kimberwicke Streets west of Davis Lane. UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. ALTERNATIVES:1. Approve the application and associated resolution and ordinance; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Attachments: 21443 6590 Davis Lane Annx-ZMA CC SR.pdf Report compiled on: May 11, 2022 602 Page 1 of 44 21443 Staff Report for the 6590 Davis Lane Property Annexation and Zone Map Amendment Public Hearing: Zoning Commission meeting is on May 16, 2022; Continued to June 6, 2022 City Commission meeting is on June 7, 2022; Continued to June 28, 2022 Project Description: Annexation application 21433 requesting annexation of 8.56 acres and zone map amendment of the City Zoning Map for the establishment of a zoning designation of B-2M (Community Business Mixed district). Project Location: 6590 Davis Lane and more particularly described as Tract 1 of COS 3053, a parcel of land located in Section 35, Township One South (T1S), Range Five East (R5E) of P.M.M., Gallatin County, Montana. The annexation and zone map amendment would also apply to the streets adjacent to the property. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21433 and move to recommend approval of the 6590 Davis Lane Annexation Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21433 and move to approve the 6590 Davis Lane Annexation. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21433 and move to approve the 6590 Davis Lane Zone Map Amendment subject to contingencies required to complete the application processing. Report: June 6, 2022 Staff Contact: Tom Rogers, Senior Planner Lance Lehigh, City Engineer Agenda Item Type: Action - Legislative 603 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 2 of 44 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Zoning Commission as well as the annexation and the zoning amendment for the City Commission. Application materials available at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=258209 Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owners seek to annex one parcel totaling approximately 8.56 acres into the City limits and establish initial zoning of B-2M, Community Business District- -Mixed. The property is currently zoned “Agriculture Suburban” (AS) within the Gallatin County Bozeman Area Zoning District and surrounded to the north, east, and south by the same AS county zoning. Nearby municipal zoning to the east is B-2 (Community Business District). The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Community Commercial Mixed Use” which includes the B-2M district as an implementing zoning district. The property is bordered by Davis Lane to the west (a Bozeman classified minor arterial street). The proposed annexation would bring in additional right of way to build out Davis Lane to the full city street classification as would be required with future development. The property currently hosts a detached single-household residential structure connected to an individual well and septic system. The property is surrounded to the north, east, and south by other similar residential properties utilizing individual well and septic systems. There is an existing 24 inch sanitary sewer pipe in Davis Lane. Water supply is installed in adjacent streets of Galloway and Kimerwicke Streets west of Davis Lane. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. 604 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 3 of 44 The City has received public comment on this application. Public comment can be reviewed at the following links: https://weblink.bozeman.net/WebLink/DocView.aspx?id=261270&dbid=0&repo=BOZEMA N&cr=1 Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on June 6, 2022. After consideration of the application materials, Staff report, and public comment the Board voted unanimously (8:0) to recommend approval of the Zone Map Amendment to establish B-2M zoning as requested by the applicant. No public comment was heard on the application at the public hearing. A video recording of the meeting can be viewed at the following link. The item starts at time stamp 2:23.55. https://bozeman.granicus.com/player/clip/313?view_id=1&redirect=true Alternatives 1. Approve the application and associated resolution and ordinance; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 605 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 4 of 44 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Community Development Board (Zoning Commission) Summary ................................... 3 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES: ................................................................................................... 5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 8 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 11 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11 Annexation ........................................................................................................................ 11 Zone Map Amendment ..................................................................................................... 12 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 12 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 19 Spot Zoning Criteria ......................................................................................................... 28 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 29 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 30 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 30 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 44 APPENDIX D – ADVISORY COMMENTS......................................................................... 44 FISCAL EFFECTS ................................................................................................................. 44 ATTACHMENTS ................................................................................................................... 44 606 Page 5 of 44 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map Subject Property Baxter Lane 19th Avenue Davis Lane 607 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 6 of 44 Map 2: BCP 2020 Future Land Use Map Subject Property 608 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 7 of 44 Map 3: Existing City Zoning Subject Property 609 Page 8 of 44 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “6590 Davis Lane Property Annexation”. 2. An Annexation Map, titled “6590 Davis Lane Annexation” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers Office. This map must be acceptable to the Director of Public Works and City Engineers Office, and must be submitted with the signed Annexation Agreement. 3. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 4. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 5. The Annexation Agreement must include the following notices: a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. 610 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 9 of 44 e. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. f. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. g. The Annexation Agreement must include notice that charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. h. The Annexation Agreement must include notice that the City will assess system development and impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. i. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 6. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent (Nick Pericich) for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 7. The applicant must completely disconnect the on-site well from the house prior to connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnect prior to connection of water service from the house to the City water system. 8. If they do not already exist the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. Street improvements to (Please refer to Engineering comments) including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at (Please refer to Engineering comments) including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. c. Alternate Financing Term. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to 611 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 10 of 44 participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver in conjunction with the Annexation Agreement. d. SID waiver template term. The applicant may obtain a copy of the template SID waiver from the City Engineering Department. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver filed with the County Clerk and Recorder prior to annexation. 9. The applicant must contact Brian Heaston with the City’s Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to the adoption of Resolution of Annexation, if applicable. 10. The land owners and their successors must pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 11. The applicant must provide a copy of the filed SID waiver prior to the adoption of Resolution of Annexation. A draft SID waiver with required streets and intersections is included in the city documents folder. 12. Davis Lane is classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of (100) feet. The applicant must provide their respective Davis Lane ROW from the centerline of the existing ROW as a public street and utility easement where Davis Lane is adjacent to the property. A 50 foot public street and utility easement must be provided prior to the adoption of Resolution of Annexation. The applicant can contact the City's Engineering Department to receive a copy of the standard easement language. 612 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 11 of 44 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. The applicant must submit a zone amendment map, titled “6590 Davis Lane Zone Map Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and total acreage of the property. 2. That all documents and exhibits necessary to establish the amended municipal zoning designation of B-2M (Community Business-Mixed) shall be identified as the 6590 Davis Lane Properties Zone Map Amendment. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. 4. All required materials shall be provided to the Department of Community Development within 60 days of a favorable action of the City Commission or any approval shall be null and void. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) recommends approval of the requested annexation. The City Commission will hold a public meeting on the annexation on June 28, 2022. The meeting will be held in the in the Commission Room at City Hall, 121 N. Rouse Ave. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Annexation and Zone Map Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. 613 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 12 of 44 Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 21443. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this ZMA on June 6, 2022 and will forward a recommendation to the City Commission on the Zone Map amendment. The City Commission will hold a public meeting on the zone map amendment on June 28, 2022. The meeting will be held in the in the Commission Room at City Hall, 121 N. Rouse Ave. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Annexation and Zone Map Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion Met. The property in question is contiguous to the City limits on the western side of the property with over 640 lineal feet adjacent to existing City limits. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion met. The subject property is totally surrounded by City limits. Eight (8) separate parcels are within this enclave of unannexed land totaling 90.56 acres. Two additional properties within this unannexed area are currently in the annexation process. All three parcels currently being considered for annexation total 33.56 acres. Please refer to the Section 2- Maps 3 for a map of this area. 614 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 13 of 44 Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Neutral. The subject property is not currently contracting for services. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Criterion Met. The subject property lies within the planned service area of the municipal water and sewer services. The existing residential structure and any proposed future developments will be required to utilize municipal water or sewer systems. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion Met. As shown in Section 1, the subject property is primarily planned as ‘Community Commercial Mixed Use’ and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Criterion Met. The proposed annexation will fill in a missing gap to continue Davis Lane as a north-south western border of the City limits. If approved, this annexation will temporarily create an irregular city boundary it does partially fill another inholding in the city. This annexation would further the goal of a consistent north-south border along Davis Lane. Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Criterion Met. The subject property will provide the necessary right of way and utility easements for Davis Lane to the west which is designated by the City as a minor arterial. No addition internal street network is required to serve the property at this time. Further development may necessitate additional local and/or internal streets. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, 615 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 14 of 44 sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion Met. The subject property is 8.56 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. After annexation, the subject property will be bound to the provisions of 38.410.130 which require evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Terms of Annexation 5. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. There is an existing 24 inch sanitary sewer pipe in Davis Lane. Water supply is installed in adjacent streets of Galloway and Kimerwicke Streets west of Davis Lane. Any future development will be required to connect to the City systems. Per Term of Annexation 5, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. Criterion Met. As discussed in Section 5 Goal 7, right of way is being included for Davis Lane to the west. The Recommended Terms of Annexation include requirements for these right of way provisions. See Terms of Annexation 12. 616 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 15 of 44 Any additional easements and rights of way will be provided within the property with future development of the property as required by municipal standards. Exact locations will be determined by further technical analysis and site design. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion Met. The subject property is planned for Community Commercial Mixed Use. An existing anomaly is present on the eastern side of the property where a sliver of Urban Neighborhood is designated which is not implemented by the B-2M zoning district. The application includes a request for initial zoning of B-2M. See the zone map amendment section of this report for analysis of the zone map amendment criteria. If multiple zoning districts are required the Community Development Director may have discretion to determine permitted uses and development form and intensity to allow minor adjustments (up to ten percent increase or decrease in area, not to exceed one acre, of either zone on the applicable lot) to the zoning boundary pursuant to section 38.300.050.C, BMC. The REMU district is the most similar implementing district to B-2M for the Urban Neighborhood designation. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Criterion Met. The property is designated “Community Commercial Mixed Use” and a small sliver of “Urban Neighborhood” on the northeast edge on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The Community Development Board (CDB) acting in their capacity as the City Zoning Commission will be reviewing the requested zoning district designation on June 6, 2022. The CDB’s recommendation will be passed along to the City Commission for review and consideration along with the annexation request on June 28, 2022. Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of B-2M, Community Business-Mixed district. See Section 6 of this report for analysis of the requested zoning. 617 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 16 of 44 Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion Met. The subject property is accessed by Davis Lane which is a minor arterial and paved to the edge of the subject property. Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Commission. Term of Annexation No. 9 requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development. Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. There is an existing 24 inch sanitary sewer pipe in Davis Lane. Water supply is installed in adjacent streets of Galloway and Kimerwicke Streets west of Davis Lane. The property is located adjacent to existing urban development that is currently served by Bozeman Fire. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary 618 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 17 of 44 sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. Criterion Met. The property is not currently provided City services. No emergency connection is requested. City services will be required to be provided concurrent with future development. Terms of Annexation 5 address connection to services. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Criterion Met. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Mapping requirements are addressed in Recommended Term of Annexation 2. The map must include adjacent right of way. Policy 12: The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Neutral. The annexation does not require immediate payment of fees. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in ordinance. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle twice, and posted on the site as set forth under this policy. See Appendix A for more details. 619 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 18 of 44 Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Criterion Met. An annexation agreement has been prepared and will be provided to the landowner. This policy will be implemented only if the Commission acts to grant approval. If the application is denied then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion Met. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Neutral. No road improvement district is associated with this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion Met. The necessary agencies were notified and provided copies of the annexation. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. There is an existing residential structure on the property utilizing on-site well and septic system. The applicant will be required to disconnect the septic system upon annexation and cease the use of the well for domestic water and connect to City water and sewer service. A term of annexation requires connection to municipal water and sewer implements this policy. In conjunction with future connection the septic system must be properly abandoned and the well disconnected from the domestic supply. Terms of Annexation 6-7 address these issues. 620 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 19 of 44 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The requested B-2M Zoning classification substantially complies with the Bozeman Community Plan 2020 and is in accordance with the future land use designations. The broad discretion the Commission has when determining the appropriate zoning classification for a property supports applying B-2M to the entire property rather than mixing zoning districts on an undevelopable portion of a lot without adequate access to support any potential use. Being in accordance with a growth policy [emphasis added] allows the governing body to find that such an anomaly is in substantial compliance and agreement with the Plan and conforms with its intent and purpose of Plan. 621 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 20 of 44 The majority of the property is within the Community Commercial Mixed land use designation and small area protrudes into the adjacent Urban Neighborhood designation. While B-2M is not an implementing district of the Urban Neighborhood it is for the primary designation for the Community Commercial Mixed area. At its widest the sliver is 36 feet wide and narrows to a point and account for approximately 4 percent of the total area being annexed and zoned. Staff concludes that this small area is de minimis in determining consistency with the future land use map. Additionally, City code allows discretion for the Community Development Director to determine permitted uses and development form and intensity to allow minor adjustments (up to ten percent increase or decrease in area, not to exceed one acre, of either zone on the applicable lot) for properties with multiple zoning designations to the zoning boundary pursuant to section 38.300.050.C, BMC. The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Community Commercial Mixed Use. The Community Commercial Mixed Use designation description reads: “The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi- story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a 622 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 21 of 44 center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the B-2M district is an implementing district of the Community Commercial Mixed Use category. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. 623 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 22 of 44 The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. This mix of development at densities appropriate for a growing urban area is therefore grounded on tenets of the Community Plan. Moreover, the B-2M zoning proposed through this application fosters flexibility to address both current market trends and long term land use goals for the subject property. The Community Plan includes several goals and objectives that are broadly served through this application, including: Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and minimize disruption to the public. DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric scooters, powered wheelchairs, etc.).” N-1.11 Enable a gradual and predictable increase in density in developed areas over time. Therefore, based on the broad discretion the governing body when considering an appropriate zoning designation, no substantive conflicts with the Growth Policy have been identified and based on the aforementioned analysis, the proposed B-2M zoning districts are promotive of the BCP 2020. 624 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 23 of 44 B. Secure safety from fire and other dangers. Criterion Met. There is an existing home and related out buildings, however future development will be served by the Bozeman Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. The proposed zoning designation will promote general welfare by implementing the future land use map in the BCP 2020. Public health and safety will be positively affected by requiring new development to connect to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Section 6, Criterion A, shows advancement of the well- being of the community as a whole. See also Criterion B. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 625 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 24 of 44 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” See also comments under Criterion C. E. Reasonable provision of adequate light and air. Criterion met. This criterion is not about individual preferences for a given degree of visual openness but about preservation of public health. The B-2M district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion Met. The proposed zoning will allow for a higher density of uses than is currently allowed under Gallatin County zoning. As a result, under the proposed zoning, when a development is proposed, they will be responsible for their frontage improvements which will include improvements along Davis Lane. In addition, the City’s proposed trails plan includes a future trail along the northern boundary of the property along the former rail road bed. Assuming there is a nexus, future development will be required to provide these improvements which will enhance the city’s motorized and non-motorized transportation systems. The property is addressed as 6590 Davis Lane and has a Walk Score of 11, a Transit score of 19, and Bike Score of 38. Average walk score for the city as a whole is 47 out of 100. 626 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 25 of 44 Average walk score for the city as a whole is 47 out of 100. According to Walk Score® the walks score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. G. Promotion of compatible urban growth. Criterion Met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). The City’s future land use map designates the properties as Community Commercial Mixed- Use. These designations correlate with several zoning districts including the B-2M district proposed by the applicants. The districts were developed by the City to promote appropriate urban growth compatible with the areas of the City as identified on the future land use map. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicants, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. H. Character of the district. Criterion Met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate 627 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 26 of 44 development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing agricultural character of the subject property. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed B-2M district to be compatible with adjacent development’s mixed-use characteristics, emerging urban development and uphold the unique character of the area. The site hosts a residential structure and a few adjacent properties are similar in size and use, these areas are designated for urban development upon annexation, if they chose that route. Considerable commercial and high density residential development is in the immediate vicinity. Further, two of the eight unannexed properties in this County inholding areas are currently undergoing annexation review; applications 22020 and 22094. In addition, the property to the west across Davis Lane has been planned and developing for commercial uses for two decades. 628 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 27 of 44 Therefore, the change in zoning does not appear to conflict with the character of the area. I. Peculiar suitability for particular uses. Criterion met. Future uses for construction on the site are not finalized at this time, so the suitability of the site for particular uses is not easily evaluated at this time and we defer to the intent described in the future land use map and the geographic extent of the commercial node which totals 90 acres.. The proposed B-2M district would provide for a more intensive development than the existing County zoning. The commercial future land use designation has been in place for more than 20 years and is coming in fruition as the community grows. This property is part of a much larger regional commercial area consisting of over 90 acres. The property is bounded by other Community Commercial Mixed Use designation to the north and the south with municipal B-2 zoning on the west side of Davis lane. The property to the east is designated as Urban Neighborhood. Any municipal zoning district allows more use and greater intensity than allowed by County Zoning which is capped at one dwelling unit per 20 acres. Allowed use in the B-2M district are harmonious with other annexed property in the districts. J. Conserving the value of buildings. Criterion met. There is no known data that suggests intensification adjacent to inholding properties diminished the value of adjacent property or buildings, however a perception of decreased value often referenced. In fact, based on available evidence it appears that annexation and further intensification in fact increases the value of property and buildings adjacent to those properties that are annexed. The values of some buildings may improve in the future as new and improved amenities are provided to the area as the site is developed according to the proposed B-2M district, while other buildings’ values are unlikely to be impacted largely due to a robust real estate market and lack of unmitigated offensive uses allowed by the proposed zoning district. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. As stated above, the BCP 2020 illustrates the most appropriate use of the land through the future land use map. This application complies with the BCP 2020 by proposing zone map amendments of districts that continue to implement the future land use map designations. In this case, urban mixed-use development have been identified by the community as the most appropriate types of development for the property. The Unified Development Code contains standards, protections and review processes to ensure the land is developed in ways that are appropriate to a site’s context and according to the BCP 2020. The new zoning will allow for higher residential and commercial densities to be constructed on an infill site in a growing area of Bozeman. The City is in need of additional housing and retail/commercial services in proximity to established neighborhoods to accommodate demand and meet additional community needs. The Community Plan is also supportive of 629 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 28 of 44 the appropriateness of the possible uses of the lands encompassed in the ZMA, as has been described in the response to Criteria A (above). The B-2M zoning offers an opportunity to create neighborhood scale commercial development adjacent to a critical transit corridor and established residential neighborhoods, while providing for additional site design flexibility (i.e. lower parking requirements). Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. Based on the review of the following criteria, Staff concludes that this application is not Spot Zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? No. The proposed zoning is in substantial compliance and in accordance with the adopted Bozeman Community Plan 2020. Adjacent to and across Davis Lane is similarly zoned property of B-2 and are being developed with a more urban form and higher intensity in land use. The subject property is one small part of a large commercial node in the City that has been designated for such use in the past two Growth Policies. While the proposed use is not an exact match in type or intensity of the adjacent land uses overall, it is not significantly different from the uses. To the west of the subject property is currently property being used for high density residential and commercial activity. The unannexed property to the south and east are single family homes. Thus, while the B-2M is not the same as the adjacent properties today, it is a proposed intensity that falls within the range of adjacent properties land uses of high density residential, commercial use, and single-household residential that is being converted into urban uses and densities according to the BCP 2020. As discussed in Criterion A above, the B-2M zoning is consistent with the adopted growth policy. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Yes. The application is submitted by one landowner in conjunction with the proposed annexation of the property. While the City supports and encourages multiparty annexation applications, they are not required, thus single owner petition annexation requests are the most frequently seen. The amendment is consistent with and supports the City’s adopted 630 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 29 of 44 growth policy, thus is assumed to be a benefit to the greater community even though the number of immediate landowners are small. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. While the applicant will directly benefit from the proposed zone map amendment, the amendment is not at the expense of surrounding landowners or the general public. As discussed previously, no substantial negative impacts are identified due to this amendment. The application is consistent both with the City’s and the County’s growth policy. The growth policy’s consistency demonstrates benefit to the general public and greater community. As mentioned previously, any future development will require the applicant to provide the needed infrastructure to support new development. Concurrency and adequacy of infrastructure should mitigate potential negative effects on others. As discussed in Criterion H, the application is similar and consistent with the existing and developing character of the area. Therefore, the amendment does not benefit the landowner at the expense of others. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. 631 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 30 of 44 APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on May 1 and 8, 2022. The notice was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. As of the writing of this report on May 26, 2022, one written comment has been received on this application. Comment can be reviewed at the following link. https://weblink.bozeman.net/WebLink/DocView.aspx?id=261270&dbid=0&repo=BOZEMA N&cr=1 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as community commercial mixed use in the Bozeman Community Plan 2020 future land use map – see descriptions below. “Community Commercial Mixed Use.” The growth policy states that, “activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings…High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile… Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development.” The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the 632 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 31 of 44 proposed zoning designation of B-2M correlates with the Growth Policy’s future land use designation of “Community Commercial Mixed Use”. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2M (Community Business District-Mixed). The intent of the B-2M district is “…to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit”. 633 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 32 of 44 634 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 33 of 44 Table 38.310.040.A Permitted general and group residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses Zoning Districts Commercial Mixed Use Industrial PLI B-1 1 B-2 B-2M B-3 UMU RE MU NEHM U 2 BP M-1 M-2 General sales Automobile, boat or recreational vehicle sales, service and/or rental — — — — — — P — P P — Automobile fuel sales or repair (38.360.070)* S S S S S S P — P P — Convenience uses (38.360.100)* — P P C C P P — — — — Heavy retail establishment (Retail, large scale - 38.360.150)* — P P C P C P — P P — Restaurants* P 3 P P P P P P 1,500sf — P 3 P 3 — Retail* 635 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 34 of 44 • 0-5,000sf GFA P 4 P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C 7 A 6 C 7 — • 5,001-24,999sf GFA — P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C 7 A 6 C 7 — • 25,000sf-39,999sf GFA — P 4 P 4 P 4 P 4 — A 6 C 7 A 6 A 6 C 7 A 6 C 7 — • Over 40,000sf GFA (Retail, large scale - 38.360.150)* — P 4 P 4 — S — — — — — — Sales of alcohol for on-premises consumption (38.360.060) S 8 S 8 S 8 S 8 S 8,9 S 8,9 S 8 — C 8,10 C 8,10 — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this table). 3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is less, or occupying not more than 45 percent of the gross floor area of a food processing facility. 4. Excluding adult businesses as defined in section 38.700.020 of this chapter. 5. Special REMU district conditions based on the amount of on-site retail uses: a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are limited to no more than four structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C. b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are limited to no more than two structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C. 6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20 percent of gross floor area or 10,000 square feet, whichever is less. 7. Retail establishments as a primary use are conditionally permitted. 8. Also subject to chapter 4, article 2. 9. No gaming allowed. 10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with the following conditions: 636 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 35 of 44 a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility; and/or b. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000 square feet or 50 percent of the facility, whichever is less. Table 38.310.040.B Permitted services and temporary lodging uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. Uses Zoning Districts Commercial Mixed Use Industrial PLI B-1 1 B-2 B- 2M B- 3 UMU REMU NEHMU 2 BP M-1 M-2 Personal and general service Animal shelters — — — — — — C — S S — Automobile washing establishment* — P P C C C P — P P — Daycare—Family, group, or center* P 3 P 3 P 3 P 3 P 3 P 3 S/A S/A 4 C/A 4 C/A 4 C 637 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 36 of 44 General service establishment* P P P P P P P C P C — Health and exercise establishments* P S P P P P P P C P P — Heavy service establishment* — P P C P C P — P P — Medical and dental offices, clinics and centers* P 3 S P 3 P 3 P 3 P 3 P 3 P P P P — Mortuary — S S S S — — — — — — Offices* P 3 S P 3 P 3 P 3 P 3 P 3 P P 5 P P — Personal and convenience services* P P P P P P A A A A — Truck repair, washing, and fueling services — — — — — — C — C P — Temporary lodging Bed and breakfast* — — — — — P C — — — — Short Term Rental (Type 1)* — P P P P P P — — — — Short Term Rental (Type 2)* — P P P P P P — — — — Short Term Rental (Type 3)* — P P P P P — — — — — Hotel or motel* — P P P P P 40,000sf P — P P — Notes: 638 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 37 of 44 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this table). 3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set forth in section 38.510.020. 4. If primarily offering services to a single business or group of businesses within the same building or building complex. 5. Professional and business offices only. Table 38.310.040.C Permitted residential uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. Uses Zoning Districts Commercial Mixed Use Industrial PLI B-1 1 B- 2 B- 2M B- 3 UMU REMU NEHMU 2 BP M-1 M- 2 General residential Accessory dwelling unit (38.360.040) — — — — — P P — — — — Apartments* 3 P 4 P 4 P 5 P 5 P P A 6 — A 6 A 6 — Apartment buildings* 3 — C P P 5 P P — — — — — Cottage housing* (38.360.110) — — — — — P — — — — — 639 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 38 of 44 Single household dwelling (38.360.210) — — — — — P P — — — — Three household dwelling or four-household dwelling (38.360.210) — — — — — P — — — — — Townhouses* 3 & rowhouses* (38.360.240) — C 7 P 7 P 7 — P 8 P — — — — Two-household dwelling (38.360.210) — — — — — P P — — — — Live-work units* P P P P P P P — — — — Ground floor residential C P 5 P 5 — — — — — — — Group residences Community residential facilities with eight or fewer residents* P 4 P 4, 5 P 4, 5 P 4, 5 P 4, 5 P P — — — — Community residential facilities serving nine or more residents* - C C — P P — — — — — Cooperative household* — — — — — P C — — — — Group living (38.360.150)* P 4 P 4 P 5 P 4 — P P — — — — Lodging houses* — C C 5 C 3 P P — — — — — Transitional and emergency housing and related services (38.360.135)* — S S S S S S S S — S Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 640 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 39 of 44 3. May be subject to the provisions of chapter 38, article 380. 4. When located on the second or subsequent floor, or basement as defined in section 38.700.030 of this chapter. Lobbies associated with residential uses are allowed on the ground floor. 5. Non-residential uses (except for lobbies associated with residential uses) are required on the ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to designated storefront streets per section 38.500.010. 6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of the building, and not located on the ground floor. 7. Five or more attached units. 8. Five or fewer attached units. Table 38.310.040.D Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. Uses Zoning Districts Commercial Mixed Use Industrial PLI B-1 1 B- 2 B- 2M B- 3 UMU REMU NEHMU 2 BP M- 1 M-2 Industrial and Wholesale Junk salvage or automobile reduction/salvage yards — — — — — — — — — C — Manufacturing, artisan* P P P P 3 P P P P P P — Manufacturing (light)* — S S C 4 P 5 P 6 P P 5 P 5 P — Manufacturing (moderate)* — C C — — — P P P P — 641 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 40 of 44 Manufacturing (heavy)* — — — — — — — — C P — Outside storage — — — — — — P A P P — Refuse and recycling containers A A A A A A A A A A — Warehousing* — — — — — — P — P P — Warehousing, residential storage (mini warehousing) (38.360.180)* — — — — — — P — P P — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 3. For uses in the downtown core as described below, a high volume, pedestrian-oriented use adjoining the building's entrance on Main Street is required. The downtown core includes those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street. 4. Except on the ground floor in the downtown core (those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street). 5. Completely enclosed within a building. 6. Limited to 5,000 square feet in gross floor area. Additional uses for telecommunication facilities are provided for in division 38.370 of this article. Table 38.310.040.E Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 642 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 41 of 44 5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. Uses Zoning Districts Commercial Mixed Use Industrial PLI B-1 1 B-2 B- 2M B- 3 UMU REMU NEHMU 2 BP M- 1 M-2 Public, educational, government and regional Business, trade, technical or vocational school — P P P 3 P P P P P P — Cemeteries* — — — — — — — — — — P Essential services (38.360.140) • Type I A A A A A A A A A A A • Type II P P P P P P P P P P P • Type III C 4 P P C 4 C C 4 P C P P P P Meeting hall - P P P P P — — — — — Production manufacturing and generation facilities (electric and gas) — — — — — — — — — S — Public and nonprofit, quasi- public institutions, e.g. universities, elementary junior and senior high schools and hospitals — — — — — — — — — — P 643 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 42 of 44 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 12,000sf — — — — — Casinos — — — — — — — — C C — Community centers (38.360.080)* P P P P P P P P P P P Accessory and/or other uses Agricultural uses* — — — — — — — — — P — Home-based businesses (38.360.140)* A A A A A A A A A A — Other buildings and structures (typically accessory to permitted uses) A A A A A A A A A A A Temporary buildings and yards incidental to ongoing construction work — — — — — — A A A A — 644 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 43 of 44 Any use, except adult businesses and casinos, approved as part of a planned unit development subject to the provisions of division 38.430 C C C C C C C C 5 C 5 C 5 — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 3. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set forth in section 38.510.020. Otherwise, the applicable use is permitted when located on the second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter. 4. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 5. Also excludes retail, large scale uses. Additional uses for telecommunication facilities are provided for in division 38.370 of this article. 645 Staff Report for the 6590 Davis Lane Annexation & ZMA, Application 21186 Page 44 of 44 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: S&S Davis, LLC, 640 Taylor Street, Suite 2200, Fort Worth, TX 76102 Applicant: S&S Davis, LLC, 640 Taylor Street, Suite 2200, Fort Worth, TX 76102 Representative: Hyalite Engineers, 2304 N 7th Avenue, Suite L, Bozeman, MT 59771 Report By: Tom Rogers, Senior Planner APPENDIX D – ADVISORY COMMENTS The following informational items are provided for consideration during the design of development on the site in the future. General 1. Annexation Policies #1: There are not any local streets adjacent to the proposed annexation. Local street easements are not required at the time of this annexation. However, Galloway Street and Windward Avenue are aligned to pass through the subject property and require coordination with the Engineering Department to establish easements or ROW dedication at the time of site development. FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record was electronically submitted and can be viewed at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=258209 Digital access is also available at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 646 Memorandum REPORT TO:City Commission FROM:Anna Saverud SUBJECT:Ordinance 2117 Provisional Adoption Establishing Municipal Court Fee Schedule MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Move for provisional adoption of Ordinance 2117 Establishing 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 the 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 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. Criminal cases, orders of protection, and municipal infractions have no filing fees associated and are not impacted by this ordinance. UNRESOLVED ISSUES:None ALTERNATIVES:Not establish a fee schedule for the Bozeman Municipal Court. FISCAL EFFECTS:None Attachments: Ordinance 2117 Municipal Court Fee Schedule.pdf Report compiled on: June 16, 2022 647 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 648 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. 649 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. 650 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. 651 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 652 Memorandum REPORT TO:City Commission FROM:Jennifer A. Giuttari, Assistant City Attorney Greg Sullivan, City Attorney Jeff Mihelich, City Manager SUBJECT:Ordinance 2109, 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:June 28, 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. 653 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 654 CONFIDENTIAL ATTORNEY WORK PRODUCT DO NOT COPY OR REPRODUCE 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 655 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 656 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. 657 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 658 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 659 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 660 Memorandum REPORT TO:City Commission FROM:Kaitlin Johnson, Budget Analyst Rachel Harlow-Schalk, Interim Finance Director Jeff Mihelich, City Manager SUBJECT:Resolution 5392 Adopting Fiscal Year 2023 Budget as the Final Appropriation Resolution MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:After voting on any modifications to the City Manager's Recommended Fiscal Year 2023 Budget, vote to approve Resolution 5392 and adopt the City’s Fiscal Year 2023 budget. 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:On May 24, 2022, the City Commission was presented with the City Manager’s Recommended FY2023 budget. After the recommended budget presentation on May 24th, the Commission was provided a presentation on June 7, 2022 noting highlights on the General and Enterprise funds as and on June 14, 2022, information highlighting Internal Service and Special Revenue Funds. This evening, represents the Final Budget Hearing for the appropriation of the fiscal year 2023 budget. Once completed, the budget becomes the City Commission’s adopted budget for the City of Bozeman beginning July 1, 2022. The City’s total budget is estimated at $183.5 million, supporting 512.896 full-time equivalent employees and $35 million in capital spending. The entire “FY2022-2023 Final Adopted Budget” document will be created based on any modifications approved by the City Commission to the “FY2022-2023 City Manager Recommended Budget”. This document will then be made available online at https://www.bozeman.net/departments/finance/budget- and-financial-reports. Copies of the final approved City Commission budget will also be made available to the public at the Bozeman Library and in the City Clerk’s office. 661 The Resolution to adopt the FY23 budget, is based on the City Manager’s Recommended Budget, with the following changes since introduction on May 24: GENERAL FUND - Updated allocation of ARPA dollars. SPECIAL REVENUE FUND- The budgets submitted for the Business Improvement District and the Tax Increment Districts have been incorporated into the attached Resolution, based on their respective June 14th presented work plans. For the City Manager’s Recommended Budget we include the previous year’s budget and include their current year’s plan in the Final budget resolution. None of these revisions changes the anticipated $21.47 per month (9.92%) per household increase in assessments and fees per as has been estimated. Below is a summary of the budget including modifications made: ALL FUNDS Projected Beginning Fund Balance/Working Capital $ 86,288,735 Revenues $ 176,988,389 Expenditures $ 183,518,043 Less Reserves $ 8,368,693 Increase/(Decrease) in Fund Balance / Working Capital $ (14,898,347) Projected Ending Fund Balance / Working Capital $ 71,390,388 UNRESOLVED ISSUES:None. ALTERNATIVES: As suggested by the Commission. FISCAL EFFECTS:The Final Budget adoption has far-reaching fiscal effects, which are described in the City Manager’s Recommended Budget, in the numerous materials prepared for budget work sessions, and in the information above. 662 Attachments: 1 Summary FY23 Final_Budget_Adoption.pdf 2 Overall_FY23_Budget_Summary Table.pdf 3 Appropriations & Fund Balance FY23 Table.pdf 4 Rev Resolution 5329 - FY23 Appropriation Resolution.pdf Report compiled on: May 13, 2022 663 1 City of Bozeman Fiscal Year 2023 Final Budget Adoption Summary Information June 28, 2022 Background In order to begin the City of Bozeman’s fiscal year on July 1, 2022 with an adopted budget, the City Commission has been considering the City Manager’s Fiscal Year 2022‐23 Recommended Budget document. This document has been communicated to the Commission through presentations which began on May 24, 2022. Through the months of May and June, additional presentations were provided during regular City Commission meetings on elements within the City Manager’s recommendation. All meetings were public and the community could view the document in hard copy at the Bozeman Public Library or in the City Clerk’s Office as well as online at: https://www.bozeman.net/government/finance/budget‐and‐financial‐reports. All memos and meeting minutes related to the FY2023 budget adoption can be found with the Commission packets for the following meetings in 2022: May 24 – Introduction of the City Manager Recommended Budget June 7 – General Fund and Enterprise Funds June 14 – Internal Service Funds and Special Revenue Funds June 28 – Resolution No. 5392 Adopting the Fiscal Year 2023 Budget as the Final Appropriation Resolution The City’s total budget this year is estimated to be $183.5 million supporting 512.86 full‐time equivalent employees and $35 million in capital spending. Based on feedback during these work sessions, the City Commission is being presented with the Appropriation Resolution on June 28, 2022. The FY23 budget estimates an annual increase in assessments and taxes for the typical residential property of $257.67, or $21.47 per month. This includes mill levies, rates, assessments and other changes based on recent rate studies, growth, inflation, and Strategic Plan objectives. The Strategic Plan and nine Commission Priorities established the basis from which the FY23 budget was created. The Appropriation Resolution: The Resolution appropriating the FY2023 budget is based in the City Manager’s Recommended Budget, with the following changes: General Fund: Updated allocation of ARPA dollars. Special Revenue Funds: The budgets submitted for the Business Improvement District and the Tax Increment Districts have been incorporated into the attached Resolution, based on their respective June 14th presented work plans. For the City Manager’s Recommended Budget we include the previous year’s budget and include their current year’s plan in the Final budget resolution. 664 2 The following is a summary of appropriations within the resolution: The estimated impact per household of 9.92% remains as was previously presented in the City Manager’s Recommended Budget: It is important to note, that inflation nationally and competition to attract and retain qualified employees have played a role in driving increases. On June 10, 2022, the 1U.S. Bureau of Labor and Statistics published the Consumer Price Index noting that the all items index increased 8.6% for the 12 months ending May, 2022. This represented the single largest 12‐month increase in 40 years since the period ending December 1981. Additionally, the Bureau shared that the energy index rose 34.6% over the last year, representing the largest 12‐month increase since the period ending September 2005 (17 years ago). 1 U.S. Bureau of Labor and Statistics. (2022, June 10). Consumer Price Index Summary. Economic News Release. Retrieved June 21, 2022, from https://www.bls.gov/news.release/pdf/cpi.pdf All Funds Projected Beginning Fund Balance/Working Capital 86,288,735$ Revenues 176,988,389 Expenditures 183,518,043 Less Reserves 8,368,693 Increase/(Decrease) in Fund Balance/Working Capital (14,898,347) Projected Ending Fund Balance/Working Capital 71,390,388$ FY22 Est Cost/Year Increase (Decrease FY23 Est Cost/Year % Change FY22 to FY23 Street Assessment 257.06$ $ 15.42 $ 272.48 6.00% Arterial Street Assessment 56.53$ $ 3.39 $ 59.92 6.00% Tree (Forestry ) Assessment 25.05$ $ 1.50 $ 26.55 6.00% Parks & Trails Assessment 169.58$ $ 25.44 $ 195.02 15.00% Property Taxes 818.36$ $ 204.32 1,022.68$ 24.97% Storm Water Services 84.42$ $ 7.60 92.02$ 9.00% Water Service 555.81$ $ ‐ 555.81$ 0.00% Sewer Services 630.99$ $ ‐ 630.99$ 0.00% Total Annually 2,597.80$ 257.67$ 2,855.47$ 9.92% Per Month 216.48$ 21.47$ 237.96$ Annual Service Cost for a Household Based on Home "Phase ‐in" Value of $364,000 (Taxable Value of $200,000) on a 7,500 SQFT lot with water use of 10‐HCF 665 3 General Fund Balance Per City Ordinance, the General Fund is required to end every fiscal year with a budget minimum of 16.67% of that year’s revenues in its fund balance. Over the past several years, the City shifted from removing the reserve before expenditure allocations in the budget process. Instead, the City was projecting potential end of year balance based on spend down funds to arrive at only the reserve balance at the end of the fiscal year. This practice eroded the City’s fund balance. The Government Finance Officers Association recommends cities evaluate risks to the General Fund and then establish a reserve to address that risk. While the City has not completed this analysis, this year’s budget exercise identified that its single largest risk to the General Fund was utilizing the budgeting method that arrived at a General Fund balance of 16.67% of revenues every year. This did not allow for capital project balances in the Fund or other large expense funding at the beginning of the fiscal year. This year’s budget, the City returns to its previous method of removing the anticipated 16.67% revenues before allocating expenses in the budget thereby addressing its single largest risk. Beyond this risk, the City’s reserve has an impact on its ability to seek the lowest interest rate on General Obligation bonds. In June of 2022, the City’s bond rating was completed. While Bozeman has the best rating of all municipalities in the state of Montana at Aa1, it is not the highest rating possible of Aaa. To improve its bond rating, it was recommended that the city reduce the risk to its General Fund in the following ways: Increase reserves available to address pension draw demand. Employee retirement and potential demand on pension funds have doubled since the year 2020. Diversify revenue sources for primary General Fund activities including improved liquidity sources like establishment of a local sales tax. This year, the FY23 final budget adoption includes the minimum fund reserve of $7,336,626 and staff will seek out ways to implement recommendations that will reduce risk to the fund. Items of note Regarding property taxes and the tax levy: Property Valuations‐ Montana’s Department of Revenue will certify property valuation the first Monday in August. This makes accurately estimating Bozeman’s property tax cap difficult along with, the number of mills needed for a fiscal year levy, and the taxable value of the median home. Additionally, property valuations are established in a “tax year” which is defined as a calendar year. Whereas, the City manages a fiscal year budget beginning in July annually. Actual revenue received in any fiscal year represent six months’ of revenues in the previous calendar property values and six months of revenue in the current calendar year property values. We have done our best to estimate these amounts, but all estimates are likely to change when the City receives the certification of values and returns to the Commission to adopt the year’s new levies. End of New ARPA Funding‐ American Rescue Plan dollars have been used to reduce per household impact of this budget. ARPA dollars are dedicated to large projects that take time to spend funds. The City has until 2026 to expend all funds on projects, and a fund balance will be carried forward into each fiscal year while projects are completed. For this year’s budget, the Commission is being asked to approve $11,267,081 of the $12 million estimated from the American Rescue Plan including the anticipated second tranche from the federal government. Additionally, more funds will become available outside of the City’s direct allocation, which staff will continue to seek in alignment with the Commission’s priorities. 666 General Fund Special Revenue Debt Service Construction Projects Enterprise Internal Service Permanent All Funds Projected Beginning Fund Balance/Working Capital 8,827,694$ 30,751,517$ 3,757,166$ (1,490,228)$ 41,465,202$ 1,287,906$ 1,689,479$ 86,288,735$ Revenues 44,010,953 54,820,444 5,205,633 13,976,101 44,660,655 14,254,603 60,000 176,988,389 Expenditures 45,276,720 64,303,150 5,011,973 9,323,520 45,441,404 14,161,276 - 183,518,043 Less Reserves 7,336,626 284,558 - - 747,509 - - 8,368,693 Increase/(Decrease) in Fund Balance/Working Capital (8,602,393) (9,767,264) 193,660 4,652,581 (1,528,258) 93,327 60,000 (14,898,347) Projected Ending Fund Balance/Working Capital 225,301$ 20,984,253$ 3,950,826$ 3,162,353$ 39,936,944$ 1,381,233$ 1,749,479$ 71,390,388$ Financial Summary- Recommended Budget Fiscal Year 2022 - 2023 667 1. These Funds can be utilized to balance Special Revenue funds that are not structurally balanced ensuring that overall, Special Revenues are balanced. 2. These Funds include multiple fund numbers which are summarized in the line itself. #Fund FY23 Projected Fund Balance/Working Capital FY23 Estimated Revenues FY23 Appropriations Reserves FY23 Budgeted Ending Fund Balance/Working Capital General Fund (010) 10 General Fund 8,827,694 44,010,953 45,276,720 7,336,626 225,301 Special Revenue Funds (100s and 200s) 100 Planning Fund 350,489 2,371,214 4,269,000 (1,547,297) 101 American Rescue Plan 4,532,500 6,734,581 11,267,081 - 103 Health-Medical Insurance 767,512 3,300,689 3,300,689 767,512 110 Gas Tax Apportionment 589,121 1,744,520 2,333,641 - 111 Street Maintenance District 1,062,415 8,669,083 9,395,234 284,558 51,706 112 Tree Maintenance 413,681 884,292 1,048,074 249,899 113 Fire Impact Fee 4,318,992 519,981 1,525,560 3,313,413 114 Street Impact Fee 5,788,963 5,788,830 3,793,392 7,784,401 115 Building Inspection Special Revenue 1,070,078 2,141,980 4,319,526 (1,107,468) 120 Community Housing 954,420 770,035 1,178,728 545,727 140 Police Domestic Violence - - - - Multiple Downtown Improvement Districts 1,943,055 8,297,437 5,495,935 4,744,557 117 TIF Pole Yard 89,552 260,180 80,000 269,732 141 Street Arterial Construction (97,754) 2,643,062 1,203,000 1,342,308 143 TIF Midtown (formerly N7th)2,029,679 2,683,661 4,649,763 63,577 144 TIF NE Urban Renewal 567,424 651,986 1,137,624 81,786 145 TIF Mandeville Industrial 167,477 54,701 100,000 122,178 187 Fire Department Equipment 1,031,147 615,508 1,641,750 4,905 192 TIF South Bozeman Technology 7,870 57,408 10,000 55,278 195 Parks & Trails District 976,698 5,452,003 6,043,304 385,397 Multiple Vet Court Funds - - - - Multiple Lighting Districts 354,277 498,853 571,616 281,514 Multiple Department Special Revenue Fund Combined 2,492,780 625,440 934,233 2,183,987 850 Park Land - Cash in Lieu 1,341,141 55,000 5,000 1,391,141 Special Revenue Funds 30,751,517 54,820,444 64,303,150 284,558 20,984,253 Debt Service Funds (300s and 400s) 300 Special Improvement District Revolv. Fund 1,498,601 10,000 - 1,508,601 304 Park & Trails Bond - 1,078,750 1,078,750 - 305 TIF 2007 Downtown Bonds - 330,150 330,150 - 306 TIF 2020 Midtown Bonds - 409,950 409,950 - 307 Bozeman Public Safety Center - GO Bonds - 2,370,750 2,370,750 - 311 Firestation 2 & Recreation Bonds - 504,680 504,680 - Multiple SID Funds 2,258,565 501,353 317,693 2,442,225 Total Debt Service Funds 3,757,166 5,205,633 5,011,973 - 3,950,826 Construction Funds (500s) 500s Capital Projects (1,490,228) 13,976,101 9,323,520 - 3,162,353 Enterprise Funds (600s) 600 Water Funds 26,973,165 19,661,821 20,165,794 500,152 25,969,040 620 Waste Water Funds 10,386,284 16,062,074 14,576,161 11,872,197 640 Solid Waste Funds 973,150 5,710,631 6,581,727 102,054 650 Parking Enterprise 1,664,767 1,177,757 1,644,027 247,357 951,140 670 Storm Water 1,467,836 2,048,372 2,473,695 1,042,513 Total Enterprise Funds 41,465,202 44,660,655 45,441,404 747,509 39,936,944 Internal Service Funds (700s) 710 Vehicle Maintenance Shop (187,474) 2,295,211 2,107,737 - 720 Health-Medical Self-Insurance Fund 409,295 5,836,508 5,836,508 409,295 750 Public Works Administration 1,066,085 6,122,884 6,217,031 971,938 Total Internal Service Funds 1,287,906 14,254,603 14,161,276 - 1,381,233 Permanent Funds (800s) 800 Cemetery Perpetual Care 1,689,479 60,000 - - 1,749,479 Total All Funds 86,288,735 176,988,389 183,518,043 8,368,693 71,390,388 1 1 1 1 1 1 668 RESOLUTION 5392 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING FUNDS FOR VARIOUS BUDGET UNITS, AND FURTHER ESTIMATING REVENUE NECESSARY TO OPERATE AND MAINTAIN SERVICES OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2023. WHEREAS, the City Commission did, on the 24th day of May, 2022, receive and hear the City Manager’s Budget Recommendations for Fiscal Year 2022-2023 (Fiscal Year 2023); and WHEREAS, the City Commission did, on May 24, June 7, and June 14 hold Budget Work Sessions that were open to the public to discuss the details of the Recommended Budget and make changes to the same; and WHEREAS, the City Commission did, on the 28th day of June, 2022, after due and proper legal notice, conduct a public hearing on the proposed municipal budget. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 The City Commission of the City of Bozeman, Montana, does hereby authorize and appropriate expenditures of governmental fund types (general fund, special revenues funds, debt service funds and capital project funds) and operating expenses for proprietary fund types (enterprise funds and internal service funds) and fiduciary fund types (permanent funds) for budget units and purposes set forth below, in the amounts designated herein, as follows. The City Commission further authorizes and re-appropriates the unexpended balance of Capital Improvement Program & repair and equipment items as approved by the City Manager which were previously budgeted and have not been completed. 669 Resolution 5392, Appropriating Funds for Fiscal Year ending June, 30, 2023 2 Budget Unit Total/Fund General Fund $ 45,276,720 Special Revenue Funds $ 64,303,150 Debt Service Funds $ 5,011,973 Capital Projects $ 9,323,520 Enterprise Funds $ 45,441,404 Internal Service Funds $ 14,161,276 Permanent Funds $ - GRAND TOTAL – Operating Budget $ 183,518,043 Reserves $ 8,368,693 Section 2 The City Commission of the City of Bozeman, Montana does hereby estimate revenues for the various funds, as follows: Budget Unit Total/Fund General Fund $ 44,010,953 Special Revenue Funds $ 54,820,444 Debt Service Funds $ 5,205,633 Capital Projects $ 13,976,101 Enterprise Funds $ 44,660,655 Internal Service Funds $ 14,254,603 Permanent Funds $ 60,000 GRAND TOTAL – Estimated Revenues $ 176,988,389 Section 3 That budget information contained in the "City Manager's Recommended Budget for Fiscal Year 2022-2023" document pertaining to Policy Direction, Fiscal Policy, and the specific information concerning budgeting for each department, as may be subsequently amended prior to final adoption of the budget, are hereby incorporated into the document entitled "Approved Budget for Fiscal Year 2022-2023" and are hereby adopted by reference. 670 Resolution 5392, Appropriating Funds for Fiscal Year ending June, 30, 2023 3 Section 4 Pursuant to Sections 7-6-4006 and 7-6-4012, M.C.A., the City Commission hereby delegates appropriation and budget amendment authority to the City Manager for the expenditures from the following funds: debt service funds; fee-based budgets; trust funds; federal, state and private grants accepted and approved by the City Commission; special assessments; monies borrowed during the year; proceeds from sale of land; and funds for gifts or donations. Section 5 Pursuant to Section 7-6-4030, M.C.A., this resolution, upon its passage, shall be in full force and effect on July 1, 2022. Section 6 That upon this resolution becoming effective, as provided in Section 5 above, all resolutions and parts thereof in conflict herewith are hereby repealed. Section 7 That should it be found by any court of competent jurisdiction that any section, clause, portion, sentence, word, or phrase of this resolution is deemed to be contrary to any existing law or regulations, that in this instance, it is the intent of the City Commission of the City of Bozeman, Montana, that all other portions, sections, words, clauses, phrases, or paragraphs of this document shall remain in full force and effect. PASSED, APPROVED, AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 28th day of June, 2022. ________________________________________ Cyndy Andrus Mayor ATTEST: _____________________________________ Mike Maas City Clerk APPROVED AS TO FORM: ________________________________________ GREG SULLIVAN City Attorney 671 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Appointments to the City-County Board of Health MEETING DATE:June 28, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint Mayor Cyndy Andrus to the City-County Board of Health's Governing Body, one City Commission appointee to a term ending June 2023 and one City Commission appointee to a term ending June 2024. 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:An updated Interlocal Agreement was entered into by the City of Belgrade, the City of Bozeman, and Gallatin County. This is the initial appointment of members under this new structure. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per Commission FISCAL EFFECTS:None Attachments: Becky Franks.pdf Buck Taylor.pdf Interlocal Agreement_Board of Health.pdf Report compiled on: June 15, 2022 672 From:Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Friday, May 27, 2022 10:11:36 AM Citizen Advisory Board Application Submission #:1692759 IP Address:207.173.159.100 Submission Date:05/27/2022 10:11 Survey Time:21 minutes, 14 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 Becky Franks Physical Address 1805 Kenyon Dr. Bozeman, MT 59715 Primary Phone 4065802308 Additional Phone Current Occupation CEO Employer Cancer Support Community Montana Email becky@cancersupportmontana.org Which position are you applying for? City-County Board of Health 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 673 Where, how long, and what Board? Board of Health for 10 years or more Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have been immersed in the health system in Bozeman for the past 20 years and partner with Bozeman Health, CHP, nonprofit organizations and others to improve the health system for our constituents. In addition, I have served on the Board of Health for over a decade. 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 participated in a number of DEI trainings and worked to incorporate health equity in the strategic plan for CSC as well as the Health Department. References Read-Only Content Reference #1 Full Name Jenny Runkel, APRN Phone 9704098686 Email Jennyrunkel65@gmail.com Section Break Reference #2 Full Name Cyndy Andrus Phone 4066000987 Email Candrus@bozeman.net 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? Board of Health meeting Is there any other information that you feel we need to know? Thank you for your diligence Read-Only Content Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 674 From:Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Thursday, May 26, 2022 12:54:35 PM Citizen Advisory Board Application Submission #:1690653 IP Address:47.47.147.210 Submission Date:05/26/2022 12:54 Survey Time:8 minutes, 38 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 Buck Taylor Physical Address 704 S. Willson Avenue Bozeman, MT, MT 59715 Primary Phone 4065399358 Additional Phone Current Occupation Healthcare administrator Employer Community Health Partners Email taylorbu@chphealth.org Which position are you applying for? City-County Board of Health 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 675 Where, how long, and what Board? Gallatin City-County Board of Health Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Currently I am vice-chair for the Board of Health and have been a member for 20 years, including serving 5-6 as chair. I have a master's degree in public health, work for a community health non-profit organization and bring institutional knowledge to the board and its mission. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. The organization I work for, Community Health Partners, has been providing this training for the past year. I also serve on the board of Bienvenidos, a local non-profit working with new immigrant populations in the Gallatin Valley to help them access services and become more informed about our community. References Read-Only Content Reference #1 Full Name Christopher Coburn Phone 4064938694 Email ccoburn@bozeman.net Section Break Reference #2 Full Name Terry Cunningham Phone 4065953295 Email tcunningham@bozeman.net 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? Through the Board of Health and Christopher Coburn Is there any other information that you feel we need to know? Thank you for your consideration and I look forward to serving if appointed by the Commission. Read-Only Content Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 676 677 678 679 680 681 682 683 684