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09-13-22 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.FYI E.Commission Disclosures F.Approval of Minutes F.1 Approve the regular meeting minutes from: July 12, 2022 July 19, 2022 July 26, 2022 August 2, 2022 August 9, 2022(Maas) G.Consent G.1 Accounts Payable Claims Review and Approval (Armstrong) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, September 13, 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: 2555 448 7011 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.2 Authorize the City Manager to Sign a Grant Agreement with One Valley Community Foundation for Investment in the Regional Housing Coalition(Fine) G.3 Authorize the City Manager to Sign Grant Agreement with El Mercadito for Reimbursement of Infrastructure Upgrades in the Midtown Tax Increment Financing District(Fine) G.4 Approval of the Blackwood Groves Phases 1 and 9 Major Subdivision Final Plat to divide a 119.45 acre parcel into 68 single-household residential lots, 6 multi-household residential lots, 5 park lots, 4 common open space lots, 5 restricted development lots needing further subdivision review, and associated roads and public infrastructure.(Montana) G.5 Approval of the Annie Phase 4 Major Subdivision Final Plat (Montana) G.6 Authorize the City Manager to sign a Public Access Easement and a Water Pipeline and Access Easement and Agreement with Mitchell Development & Investments, LLC for the Site A Everhome Site Plan (21341)(Schultz) G.7 Authorize the City Manager to sign a Release and Reconveyance of Easements, Releasing Document 2077892 with The State of Montana for the Bozeman Gateway Phase 5 Subdivision Final Plat (22145)(Schultz) G.8 Authorize the City Manager to sign a Public Street and Utility Easement and a Utility Easement with Viviana Heluik for the 130 Flanders Mill Annexation (22043)(Paz-Solis) G.9 Authorize the City Manager to sign a Public Trail Corridor Easement and a Sewer and Water Pipeline and Access Easement and Agreement with TruNorth Properties LLC for the Autumn Grove Condominiums (21104)(Schultz) G.10 Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement with Dixson and Company Inc for the Cattail Duplexes Site Plan (20285)(Paz- Solis) G.11 Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement and a Release and Reconveyance of Easement with Edward Balian for the Skylark Condos Site Plan (21391)(Paz-Solis) G.12 Authorize the City Manager to sign a Sanitary Sewer Pipeline and Access Easement and Agreement with Blackwood Land Fund, LLC for the Cottages at Blackwood Groves (21421)(Paz-Solis) G.13 Authorize the City Manager to Sign a Utility Access Easement and Agreement with NorthWestern Energy in the Bozeman Sports Park for Underground Electric Service(Jadin) G.14 Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with TruNorth Properties, LLC for the Autumn Grove Condominiums (21479)(Schultz) G.15 Authorize the City Manager to Sign a Memorandum of Understanding with the Western Transportation Institute for the Transportation Demand Management Initiative Partnership for 2022 through 2024(Mastel) 2 G.16 Authorize the City Manager to sign a Joint Funding Agreement with the U.S. Geological Survey for the continued operation of the real-time streamflow gaging stations on the East Gallatin River and Hyalite Creek(Heaston) G.17 Authorize the City Manager to Sign a Funding, Construction, and Maintenance Agreement with MDT for the North 7th Avenue and Griffin Drive intersection project.(Lonsdale) G.18 Authorize City Manager to Sign AIA Document B121 Master Agreement, and AIA Document B221 Service Order 1, and Future Service Orders within Budget for Community Engagement and Conceptual Design for the West Side Recreation and Aquatics Center and Library Branch.(Henderson) G.19 Authorize City Manager to Sign an Agreement for Services with The Community Design Center, Montana State University School of Architecture for the Bozeman Midtown Project(Fine) G.20 Authorize the City Manager to Sign a Guaranteed Maximum Price Amendment No. 2 to the Construction Contract for the Library Renovation Project.(Henderson) G.21 Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with 915 Building Partners, LLC for the Flooring Place Warehouse Site Plan (21354)(Flammond) G.22 Authorize the City Manager to sign Task Order #EDD22-02 for on-call Miscellaneous Parking Services to be billed on a Time and Materials Basis(Mike Veselik) G.23 Authorize City Manager to Sign a Professional Services Agreement with Ingram-Clevenger, Inc. for Facilities Projects(Ziegler) G.24 Authorize the City Manager to sign a Professional Services Agreement with Montana Outdoor Science School to Implement Year Two of a Direct Student Engagement Pilot Program in Bozeman Public Schools Utilizing the Bozeman Water Conservation and Stormwater Management Educator Guide(Ahlstrom) G.25 Authorize City Manager to Sign Professional Service Agreement with Journal Technologies for case management software for the City Attorney's Office(Bienvenue ) G.26 Authorize the City Manager to Sign Amendment 2 to the Professional Services Agreement with Sanderson Stewart for the Kagy Boulevard Signal Analysis and Pedestrian Hybrid Beacon Design Project(Lonsdale) G.27 Authorize the City Manager to Sign a Fourth Amendment to the Professional Services Agreement with MacDonald Consulting as assigned to Central House Strategies for Lobbying Services(Mike Veselik) G.28 Resolution 5386 to annex approximately 2.29 acres near Baxter Lane and Harper Puckett Road, and Authorize the City Manager to Sign the Annexation Agreement, Application 18240(Garber) G.29 Resolution 5442 Consenting to Haven's Sale of its Current Shelter Location to Assist in Paying the Costs of Constructing a New Shelter Adjacent to the Bozeman Pond 3 Park(Sullivan) G.30 Ordinance 2104 Provisional Adoption to Repeal and Replace Division 38.430 Planned Unit Development with a New Planned Development Zone Process and Amend 24 Related Sections of the Bozeman Municipal Code, Application 22133(Saunders) G.31 Ordinance 2103, Provisional Adoption of the Rainbow Creek Zone Map Amendment, Giving an Initial Designation of R-4, Residential High Density District, On Approximately 2.29 Acres Near Baxter Lane and Harper Puckett Road, in Association with Annexation Application 18240(Garber) H.Consent II: Items Acted Upon Without Prior Unanimous Approval H.1 Resolution 5441, Heritage Christian School Annexation to Annex Approximately 13.58 Acres at 4310 Durston Road, Application 22170(Saunders) H.2 Ordinance 2125 Provisional Adoption, Heritage Christian School Annexation Zone Map Amendment to Establish an Initial Municipal Zoning of R3, Residential Medium Density District, On 13.58 Acres at 4310 Durston Road, Application 22170(Saunders) I.Consent III: Items Acted Upon Without Prior Unanimous Approval I.1 Ordinance 2105 Provisional Adoption, Repeal Division 38.380, Affordable Housing, and Amend Associated Standards and Replace With a New Division 38.380 Affordable Housing Text Amendment, Application 22133(Saunders) J.Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. K.Action Items K.1 Approve the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) application for the 58 acre Site.(Montana) L.Work Session L.1 UDC Project - Review and Advise Regarding the Update to the Unified Development Code, Chapter 38, Bozeman Municipal Code to Address Formatting and Structure, Application 21381(Bentley) L.2 Legislative Priorities for the 68th (2023) Session of the Montana State Legislature (Mike Veselik) 4 M.FYI / Discussion N.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. 5 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Approve the regular meeting minutes from: July 12, 2022 July 19, 2022 July 26, 2022 August 2, 2022 August 9, 2022 MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment From August of 2013 through December 2020, the City Commission Minutes have been linked with audio and video using AV Capture. In addition to the City Commission, many Citizen Advisory Boards utilize the system as well. Beginning December 14, 2020 the City Commission and many Citizen Advisory Boards moved to our new Granicus Streaming Platform. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance. 6 UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: 07-12-22 City Commission Meeting Minutes.pdf 07-19-22 City Commission Meeting Minutes.pdf 07-26-22 City Commission Meeting Minutes.pdf 08-02-22 City Commission Meeting Minutes.pdf 08-09-22 City Commission Minutes.pdf Report compiled on: May 17, 2022 7 Bozeman City Commission Meeting Minutes, July 12, 2022 Page 1 of 12 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES July 12, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic Absent: Christopher Coburn Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Meeting Clerk (MC) Jesse DiTommaso A) 00:02:57 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:03:02 Pledge of Allegiance and a Moment of Silence C) 00:03:39 Changes to the Agenda • There were no changes to the agenda. D) 00:03:54 Authorize Absence D.1 00:03:53 Authorize the Absence of Commissioner Christopher Coburn 00:04:00 Motion to authorize the absence of Commissioner Christopher Coburn. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 00:04:07 Vote on the Motion to authorize the absence of Commissioner Christopher Coburn. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: 8 Bozeman City Commission Meeting Minutes, July 12, 2022 Page 2 of 12 None E) 00:04:20 FYI • City Manager Mihelich announced the opening of the Pickle Ball Courts. • City Manager Mihelich provided an update on the Aquatics Facility, Bogert Pool, and the Westside Facility. F) 00:10:24 Commission Disclosures • There were no Commission disclosures. G) 00:10:33 Approval of Minutes G.1 00:10:31 Approve the regular meeting minutes from: May 24, 2022 June 7, 2022 June 14, 2022 05-24-22 City Commission Meeting Minutes.pdf 06-07-22 City Commission Meeting Minutes.pdf 06-14-22 City Commission Meeting Minutes.pdf 00:10:43 Motion to approve the combined City Commission minutes as submitted. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 00:10:50 Vote on the Motion to approve the combined City Commission minutes as submitted. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None H) 00:11:04 Consent H.1 Accounts Payable Claims Review and Approval H.2 Authorize the City Manager to Enter into a Grant Contract with One Valley Community Foundation and Amend the Contract with the HRDC for Warming Center Operations To Distribute FY22 Grants to These Organizations H.3 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with ExxonMobil for the Griffin Drive and Manley Road Street and Stormwater Improvements Project H.4 Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement with Tom and Anna Reali for the 521 South 8th Avenue Project (21390) Sewer and Water Pipeline and Access Easement and Agreement 9 Bozeman City Commission Meeting Minutes, July 12, 2022 Page 3 of 12 H.5 Authorize the City Manager to Sign a Drainage Easement and a Public Street and Utility Easement with 915 Building Partners, LLC for The Flooring Place and Housing Site Plan (21354) Drainage Easement Public Street and Utility Easement H.6 Authorize the City Manager to Sign a Water Adequacy Agreement and a Public Street and Utility Easement (5) with Northwest Crossing Final Plat (21482) Public Street and Utility Easement-1 Public Street and Utility Easement-2 Public Street and Utility Easement-3 Public Street and Utility Easement-4 Public Street and Utility Easement-5 Water Adequacy Agreement for Northwest Crossing Development H.7 Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with (HRDC) Human Resource Development Council of District IX, Inc for the Community First Griffin Place Site Plan Project (21117) Conditional Irrevocable Offer of Dedication H.8 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with KQ Bozeman Harmon Stream, LLC for the Bozeman Gateway Phase 4 Final Plat (21032) Conditional Irrevocable Offer of Dedication H.9 Authorize the City Manager to Sign the Memorandum of Understanding (MOU) to Provide Assistance to Montana State University (MSU) with Water System Sampling Memorandum of Agreement Attachment A - Sampling and Related Services for MSU H.10 Authorize the City Manager to sign a Contract Agreement with Precision Concrete Cutting to provide sidewalk grinding services for the City CONSTRUCTION AGREEMENT.docx H.11 Authorize the City Manager to Sign a Task Order for Fiscal Year 2023 Groundwater and Perimeter Methane Monitoring at the Story Mill Landfill Groundwater and Methane Monitoring TO 2022-2023 H.12 Authorize the City Manager to Sign a Task Order for Fiscal Year 2023 Remediation Systems Oversight at the Story Mill Landfill Remediation Operation and Maintenance TO 2022-2023 H.13 Ratify the City Manager's Signature on a Professional Services Agreement with Cushing Terrell for Swim Center Assessment. Cushing Terrell Swim Center Submittal.pdf Swim Center - Engineering and Architectural Services - PSA.pdf H.14 Authorize the City Manager to Sign a Professional Services Agreement for the 2022 Capital Improvement Projects Field Survey PSA 2022 CIP Survey.docx Scope of Work 2022 CIP Survey.pdf H.15 Authorize the City Manager to execute the First Addendum to the PSA with Water and Environmental Technologies, Inc. (WET), to provide environmental consulting services pertinent to the East Gallatin Landfill FY 23 - Cost Estimate_Quarterly Sampling Professional Service Agreement First Addendum 10 Bozeman City Commission Meeting Minutes, July 12, 2022 Page 4 of 12 H.16 Ordinance 2109, Final Adoption Replacing the Term Columbus Day with Indigenous Peoples’ Day, and Designating the Second Monday of October as the Local Indigenous Peoples’ Day Holiday Ord. 2109 IPD_final.pdf H.17 Ordinance 2117 Final Adoption Establishing Municipal Court Fee Schedule Ordinance 2117 Municipal Court Fee Schedule.pdf 00:11:06 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:12:09 Public Comment 00:12:31 Kurt Klewin, Public Comment Kurt Klewin commented in opposition to the changing of Columbus Day to Indigenous People's Day. He asked the City declare Italian Hertage day. 00:15:44 Kathy Irvine, Public Comment Kathy Irvine commented on Consent Item H13. 00:16:27 Megan Belasko, Public Comment Megan Belasko commented on Item H13. 00:17:34 Christina McColley, Public Comment Christina McColley commented on the sense of urgency felt by the swim community. 00:20:05 Motion to approve the Consent Agenda as submitted. Jennifer Madgic: Motion Terry Cunningham: 2nd 00:20:23 Vote on the Motion to approve the Consent Agenda as submitted. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None I) 00:20:33 Public Comment 00:22:16 Hans Dersch, Public Comment Hans Dersch commented on the swim center's recruitment, the backstroke flags (at Bogert), and the lane lines. He noted the consultant's report regarding the swim center. 00:25:26 Andrew Williamson, Public Comment 11 Bozeman City Commission Meeting Minutes, July 12, 2022 Page 5 of 12 Andrew Williamson invited members of the Commission to attend swim practice. He noted the timeline regarding the club swim start and the completion of the work. 00:27:10 Annalyse Belasco, Public Comment Annalyse Belasco commented on her options when the outdoor pools close at the end of the summer. 00:28:42 Bryn King, Public Comment Bryn King commented on her experience swimming. She requested the swim center open as soon as possible. 00:29:46 Maya Maginito, Public Comment Maya Maginito shared a poem she wrote "A Fish Out of Water". 00:31:29 Kit Kusak, Public Comment Kit Kusak commented on the Swim Center and aquatics operations. 00:32:03 June Kusak, Public Comment June Kusak commented on the next swim season. 00:32:32 Madison McBride, Public Comment Madison McBride commented on the long form swimming pool. 00:33:12 Elizabeth WIlliamson, Public Comment Elizabeth Williamson commented on the impact of the closing of the pool. 00:34:10 Ollie Belasco, Public Comment Ollie Belasco commented on what swimming means to him and the closing of the swim pool. 00:34:59 George Dendrinos, Public Comment George Dendrinos commented on what swimming means to him. 00:35:30 May Madison, Public Comment May Madison commented on her senior year swim season. 00:36:09 Siobhan Gilmartin, Public Comment Siobhan Gilmartin commented on the importance of high school swimming and the inequitable loss of the high school program. 00:38:01 Kathy Irvine, Public Comment Kathy Irvine commented on the Ballard and King report. She commented on the user groups of the swim center. She noted the report did not include that the user groups include a lot of the same members and the relationships and they do not feel heard. Her idea is for the sustainability board. 00:40:29 Kim Kusak, Public Comment Kim Kusak commented encouraging the commission to expediate the repairs to the swim center. 00:41:21 Ashley Ogle, Public Comment 12 Bozeman City Commission Meeting Minutes, July 12, 2022 Page 6 of 12 Ashley Ogle commented on the timeline for the swim center and information sharing regarding a potential opening date. 00:43:52 Marcia Kaveney, Public Comment Marcia Kaveney commented suggesting incorporating a town hall style meeting regularly for more interactive style conversations. She commented on allowing public commenters to speak on more than one item. She commented on noxious weeds and maintenance of City buildings. J) 00:47:28 Action Items J.1 00:47:29 Authorize the City Manager to Sign a Professional Services Agreement with Logan Simpson for the Gallatin Valley Sensitive Lands Protection Plan. Gallatin Valley Sensitive Lands Protection Plan - Professional Services Agreement.pdf Gallatin Valley Sensitive Lands Protection Plan - Scope of Work.pdf Gallatin Valley Sensitive Lands Protection Plan - Fee Proposal.pdf Gallatin Valley Sensitive Lands Protection Plan - Submittal.pdf 00:47:32 City Manager Introduction 00:48:26 Staff Presentation Jon Henderson, Strategic Services Director, provided the staff presentation on the Gallatin Valley Sensitive Lands Protection Plan. He highlighted the critical connections needed to support a healthy environment. He noted alignment with adopted City Plans. He presented the regional approach, noting the broad range of partners and constituents working on the plan as well as the area of interest in the plan. Jon Henderson provided shared outcomes expected. He highlighted the steps moving forward, from public engagement to recommendations. He provided the motion and vote language. 00:54:07 Questions of Staff 01:16:43 Public Comment There were no comments on this item. 01:17:00 Motion to Authorize the City Manager to Sign a Professional Services Agreement with Logan Simpson for the Gallatin Valley Sensitive Lands Protection Plan. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 01:17:11 Discussion 01:26:23 Vote on the Motion to Authorize the City Manager to Sign a Professional Services Agreement with Logan Simpson for the Gallatin Valley Sensitive Lands Protection Plan. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic 13 Bozeman City Commission Meeting Minutes, July 12, 2022 Page 7 of 12 Disapprove: None 01:26:31 Meeting Recess Mayor Andrus called the meeting to recess. 01:31:49 Call to Order Mayor Andrus called the meeting back to order. J.2 01:32:12 Ordinance 2104 Provisional Adoption to Repeal and Replace Division 38.430 Planned Unit Development with a New Planned Development Zone Process and Amend 24 Related Sections of the Bozeman Municipal Code, Application 22133 22133 CC Staff Report - PUD_PDZ.pdf Ordinance 2104 Planned Unit Development - Provisional 7-12-2022.pdf CDB Passed Motion 6-27-2022.pdf PDZ Flow Chart City Version 5-26-2022.pdf Planned Development Zone HP Admin Procedures Outline - DRAFT.pdf Sustainable Energy Manual Draft.pdf Sustainable Resilient Design PDZ_Water Conservation.pdf Sustainability Public Benefit - Transportation DRAFT.pdf PDZ Non-Renewable Energy Flow Chart DRAFT.pdf TRANSPORTATION ADEQUACY REQUIREMENTS - Draft manual.pdf 22133 PDZ e-notification.pdf 01:32:17 City Manager Introduction 01:32:51 Staff Presentation Community Development Manager Chris Saunders presented Ordinance 2104. He provided a broad overview of the Ordinance. He gave background on Planned Unit Developments. He listed the similarities and differences between the Planned Unit Development (PUD) and the Planned Development Zone (PDZ). He provided the distinguishing features of a PDZ. He outlined the process as well as the post planned development zone process. He provided the transition plan for implementation. He highlighted the staff report zoning and subdivision review process criteria. He provided the public comments and recommendations. He introduced the staff report, the public comment, and all materials into the record. He provided a synapsis of the Economic Vitality Board's recommendation and the Community Development Board's recommendation. He provided the amendment given by the Community Development Board. 01:48:13 Questions of Staff 02:04:47 David Fine answered questions relevant to the Economic Vitality Board. 02:09:29 Additional Questions of Staff 02:35:38 Public Comment Mayor Andrus opened this item for public comment. 14 Bozeman City Commission Meeting Minutes, July 12, 2022 Page 8 of 12 02:36:38 Jerry Pape, Public Comment Jerry Pape commented in opposition to Ordinance 2104. 02:40:56 Mary Wictor, Public Comment Mary Wictor commented on the Community Development Board's recommended motion. 02:43:53 Clarification of Staff 02:45:32 Motion Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22133 and move to recommend approval of Ordinance 2104. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 02:45:59 Discussion 03:07:35 Motion to amend the proposed ordinance to add a fifth of public benefit "other". Terry Cunningham: Motion Jennifer Madgic: 2nd 03:07:51 Discussion on the Amendment 03:12:24 Vote on the Motion to amend the proposed ordinance to add a fifth of public benefit "other". The Motion carried 3 – 1. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Cyndy Andrus 03:12:38 Staff recommendation of two additional readings. 03:13:27 Vote on the Motion Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22133 and move to recommend approval of Ordinance 2104. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: 15 Bozeman City Commission Meeting Minutes, July 12, 2022 Page 9 of 12 None K) 03:13:38 Appointments K.1 03:13:39 Appointments to the Historic Preservation Advisory Board. Chelsea Holling.pdf Linda Semones.pdf Michael Wiseman.pdf Savannah Donnelly.pdf 03:14:20 Public Comment There were no public comments on this item. 03:14:52 Motion to appoint Savannah Donnelly and Chelsea Holling to the Bozeman Historic Preservation Advisory Board both in the professional designation with terms ending on June 30, 2024, Linda Semones to the Bozeman Historic Preservation Advisory Board to the at-large member position with a term expiring on June 30, 2024, and Michael Wiseman to the Bozeman Historic Preservation Advisory Board in the architect position with a term expiring on June 30, 2024. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 03:16:07 Vote on the Motion to appoint Savannah Donnelly and Chelsea Holling to the Bozeman Historic Preservation Advisory Board both in the professional designation with terms ending on June 30, 2024, Linda Semones to the Bozeman Historic Preservation Advisory Board to the at-large member position with a term expiring on June 30, 2024, and Michael Wiseman to the Bozeman Historic Preservation Advisory Board in the architect position with a term expiring on June 30, 2024. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 03:16:17 Motion to appoint Savannah Donnelly as Chair and Linda Semones as Vice-chair. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 03:16:29 Vote on the Motion to appoint Savannah Donnelly as Chair and Linda Semones as Vice-chair. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham 16 Bozeman City Commission Meeting Minutes, July 12, 2022 Page 10 of 12 I-Ho Pomeroy Jennifer Madgic Disapprove: None K.2 03:16:39 Appointments to the Library Board of Trustees Pamela Henley.pdf 03:16:43 Public Comment There were no public comments on this item. 03:16:57 Motion to appoint Pamela Henley, to the Library Board of Trustees for a term ending June 30, 2027. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 03:17:14 Vote on the Motion to appoint Pamela Henley, to the Library Board of Trustees for a term ending June 30, 2027. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None K.3 03:17:18 Appointments to the Downtown Business Improvement District Board Eric Bowman.pdf Ileana Indreland.pdf 03:17:24 Public Comment There were no public comments on this item. 03:17:47 Motion to appoint two members, Ileana Indreland & Eric Bowman to terms ending June 30, 2025. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 03:18:07 Vote on the Motion to appoint I move to appoint two members, Ileana Indreland & Eric Bowman to terms ending June 30, 2025. The Motion carried 4 – 0. Approve: Cyndy Andrus 17 Bozeman City Commission Meeting Minutes, July 12, 2022 Page 11 of 12 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 03:18:21 Motion to appoint Eric Bowman as Chair and Erik Nelson as Vice-chair of the Downtown Bozeman Improvement District. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 03:18:31 Vote on the Motion to appoint Eric Bowman as Chair and Erik Nelson as Vice-chair of the Downtown Bozeman Improvement District. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None L) 03:18:41 FYI / Discussion • DM Cunningham noted his interest in a Resolution looking at City Commissioner and Mayoral pay. • Mayor Andrus provided clarification to the public commenter regarding the amount of time public comment can be given. • CM Mihelich commented on the reopening of the swim center. M) 03:23:11 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk 18 Bozeman City Commission Meeting Minutes, July 12, 2022 Page 12 of 12 PREPARED BY: ___________________________________ Jesse DiTommaso Economic Development Specialist/Meeting Clerk Approved on: September 13, 2022 19 Bozeman City Commission Meeting Minutes, July 19, 2022 Page 1 of 6 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES July 19, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:00:28 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:02:58 Pledge of Allegiance and a Moment of Silence C) 00:03:33 Changes to the Agenda • There were no changes. D) 00:03:54 FYI • 00:03:55 Mayor Andrus opened the opportunity for the City Commission to offer comments on the Swim Center and aquatics operations, and provided her comments. • 00:09:31 DM Cunningham commented on the Swim Center and aquatics operations. • 00:17:07 Cr. Pomeroy commented on the Swim Center and aquatics operations. • 00:18:15 Cr. Coburn commented on the Swim Center and aquatics operations. • 00:19:57 Cr. Madgic commented on the Swim Center and aquatics operations. • 00:24:23 CM Mihelich provided an update on aquatics operations; and, he noted that Fire Chief Josh Waldo was elected to be the 2nd Vice-President of the International Association Fire Chiefs. E) 00:29:23 Commission Disclosures • There were no Commission disclosures. F) 00:29:30 Consent F.1 Accounts Payable Claims Review and Approval 20 Bozeman City Commission Meeting Minutes, July 19, 2022 Page 2 of 6 F.2 Authorize the City Manager to Sign a First Amendment to the Professional Services Agreement with The Nest Collective for Public Relations Services for the Bozeman Municipal Watershed Fuels Reduction Project Amendment 1 to PSA with The Nest.pdf F.3 Authorize the City Manager to Sign a First Amendment to the Professional Services Agreement with Peck Forestry, Inc. for the Sourdough Creek Municipal Watershed Fuels Reduction Project Amendment 1 to PSA with Peck Forestry.pdf F.4 Authorize the City Manager to Sign a First Amendment to the Professional Services Agreement with Sanderson Stewart to Provide Right of Way Acquisition Services on a Term Contract Basis Until July 2023 First Amendment for ROW Acquisition_Sanderson Stewart 06 2022.pdf 00:29:34 City Manager Introduction 00:29:48 Public Comment There were no comments on the Consent agenda. 00:30:23 Motion to approve Consent items 1 - 4 as submitted. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 00:30:31 Vote on the Motion to approve Consent items 1 - 4 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:30:41 Public Comment Mayor Andrus opened general public comments. 00:31:42 Kurt Klewin, Public Comment Kurt Klewin commented on the flags in front of City Hall. 00:34:58 Nina Hans, Public Comment Nina Hans commented on construction noise in the Northeast Neighborhood. 00:37:50 Alex Merianthal, Public Comment Alex Merianthal commented on construction noise in the Northeast Neighborhood. 00:41:01 Jason Schoper, Public Comment 21 Bozeman City Commission Meeting Minutes, July 19, 2022 Page 3 of 6 Jason Schoper, a swim coach for the Barracudas, commented on the Swim Center and aquatics operations. 00:44:23 Jan Strout, Public Comment Jan Strout, co-leader of Bozeman Task Force on the Status and Safety of all Women and Girls, commented on the Equity and Inclusion Work Session. 00:47:35 Shelby Russell, Public Comment Shelby Russell commented on the Swim Center and aquatics operations. 00:48:36 Bert McCallister, Public Comment Bert McCallister commented on the flags at City Hall. 00:52:15 Anna Schchemelinin, Public Comment Anna Schchemelinin commented on flags. 00:56:02 Lei-Anna Bertelson, Public Comment Lei-Anna Bertelson, co-founder and co-leader of the Bozeman Task Force on the Status and Safety of all Women and Girls, commented on the Diversity, Equity, & Inclusion Plan. 00:58:10 Recess Mayor Andrus called the meeting into recess. 01:05:48 Call to Order Mayor Andrus called the meeting back to Order 01:06:04 Leif Sundeen, Public Comment Leif Sundeen commented on the Swim Center and aquatics operations. 01:08:57 Adrienne Henton, Public Comment Adrienne Henton commented on the Swim Center and aquatics operations. 01:12:09 Nicole Howe, Public Comment Nicole Howe commented on the Swim Center and aquatics operations. 01:13:50 Trevor Hoffmaster, Public Comment Trevor Hoffmaster commented on the Swim Center and aquatics operations. 01:16:55 Christina McColley, Public Comment Christina McColley commented on the Swim Center and aquatics operations. 01:19:37 Nicole Olsen, Public Comment Nicole Olsen commented on the Swim Center and aquatics operations. 01:22:50 Jamie Cornish, Public Comment Jamie Cornish commented on the Diversity, Equity, and Inclusion Plan. 01:23:23 Troy Bertelson, Public Comment 22 Bozeman City Commission Meeting Minutes, July 19, 2022 Page 4 of 6 Troy Bertelson commented on the Diversity, Equity, and Inclusion Plan. 01:24:33 Ashley Ogle, Public Comment Ashley Ogle commented on the Swim Center and aquatics operations. H) 01:28:06 Action Items H.1 01:28:10 Continue the Silo Annexation and Zone Map Amendment to Annex and Establish Residential Emphasis Mixed Use Zoning District on 115 Acres Located Northwest of the Intersection of Davis Lane and East Valley Center Road in Conjunction with Annexation, Application 21442, to July 26, 2022 01:28:17 Motion to continue review of application 21442 to July 26, 2022. I-Ho Pomeroy: Motion Christopher Coburn: 2nd 01:28:31 Vote on the Motion to continue review of application 21442 to July 26, 2022. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 01:28:40 Work Session I.1 01:28:45 Belonging in Bozeman Work Session: Introduction and Discussion on the Equity & Inclusion Planning Process RFP Equity and Inclusion Plan 062122 final.pdf Equity and Inclusion Plan Timeline and Roles 04072022.pdf City Commission Work Session 07072022.pdf 01:30:00 Staff Presentation Interim Communications Manager & Engagement Coordinator Dani Hess and Planner Nakeisha Lyon presented the overview of the Equity and Inclusion (E&I) Planning process, why develop and E&I plan, recent efforts, currently ongoing efforts, shared language, *, the Economic Vitality Board discussion, and a timeline of developing the plan. 01:46:35 Questions of Staff 02:09:42 Public Comment There were no public comments on this item. 02:10:26 Discussion 23 Bozeman City Commission Meeting Minutes, July 19, 2022 Page 5 of 6 02:37:34 City Manager response J) 02:38:31 Appointments J.1 02:38:32 Appointments to the Downtown Business Improvement District Board 02:38:47 Public Comment 02:39:31 Motion to appoint Eric Sutherland as the Vice-chair of the Downtown Business Improvement District Board. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 02:39:23 Vote on the Motion to appoint Eric Sutherland as the Vice-chair of the Downtown Business Improvement District Board. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K) 02:39:38 FYI / Discussion L) 02:39:42 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk 24 Bozeman City Commission Meeting Minutes, July 19, 2022 Page 6 of 6 PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: September 13, 2022 25 Bozeman City Commission Meeting Minutes, July 26, 2022 Page 1 of 6 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES July 26, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas DUE TO TECHNICAL DIFFICULTIES THERE IS DUAL AUDIO FOR THE FIRST THIRTEEN MINUTES OF THE MEETING. A) 00:00:42 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:03:26 Pledge of Allegiance and a Moment of Silence C) 00:04:20 Changes to the Agenda D) 00:04:30 FYI • CM Mihelich provided an update on the Swim Center and his meetings with user groups; and, notified everyone of the ribbon cutting on the new pickleball courts at Bogert Park on Thursday at 4:00 p.m. E) 00:06:27 Commission Disclosures F) 00:06:33 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Grant Agreement with Little Spanish Preschool for Impact Fee Reimbursement 23- Grant Agreement - Little Spanish Preschool - Impact Fee Reimbursement.pdf 2021-CCC-Gallatin-Child-Care-Fact-Sheet-5.26.2021 (1).pdf Childcare Report 2020 MT Dept. of Labor & Industry.pdf F.3 Authorize the City Manager to Sign a Renewal with DocuSign for Electronic Signature Software City of Bozeman - Renewal (2022-07-29)_DocuSign Order Form FX2_2022-07-14.pdf 26 Bozeman City Commission Meeting Minutes, July 26, 2022 Page 2 of 6 F.4 Authorize the City Manager to Sign a Contract Amendment 7 with Sanderson Stewart for Construction Administration and Staking for the Front Street Connector Project 07062022_FrontSt_Amendent.pdf 00:06:36 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:08:15 Public Comment There were no public comments on the Consent Agenda. 00:08:43 Motion to approve Consent Items 1 - 4 as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:08:50 Vote on the Motion to approve Consent Items 1 - 4 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:09:00 Public Comment • Mayor Andrus opened general public comments. 00:10:26 Megan Belasko, Public Comment Megan Belasko commented on swim operations from the City of Missoula and swim meets. 00:13:30 John Kiser, Public Comment John Kiser commented on the Swim Center, the engineering report, and aquatics operations. 00:16:34 Eric Belasko, Public Comment Eric Belasko commented on aquatics operations with a comparison to the City of Missoula. H) 00:19:28 Special Presentation H.1 00:19:35 IRC Master Building Plan Review Process 00:20:30 Staff Presentation Chief Building Official Ben Abbey presented the IRC Master Building Plan Review policy overview, the background and need, the goals, the review phase and process, and changes to approvals. I) 00:35:25 Action Items 27 Bozeman City Commission Meeting Minutes, July 26, 2022 Page 3 of 6 I.1 00:35:29 130 Flanders Mill Road Annexation of 1.0875 acres and amendment of the City Zoning Map for the establishment of a zoning designation of R-3 (Residential Medium Density). 22043 Flanders Mill Annex Resolution 5425.pdf 22043 Flanders Mill ZMA Ordinance 2119.pdf 537-01 HELVIK Zone-Map-Amnd.pdf 537-01-HELVIK ANNEXATION MAP.pdf 22043 Flanders Mill ZMA CC SR.pdf 00:35:42 Staff Presentation Senior Planner Tom Rogers presented the application, submitted the staff report, the applicant submittal, and all public comment into the record. He presented the project vicinity, the Future Land Use Map (FLUM) designation, neighboring zoning designation, zoning correlation implementing the FLUM, the annexation goals and policies findings, the zoning criteria of evaluation, findings related to spot zoning, and recommendations. 00:42:19 Questions of Staff 00:44:36 Applicant Presentation Vivian Helvik, property owner, was available for questions. 00:45:15 Questions of Applicant 00:45:50 Public Comment There were no public comments on this item. 00:46:20 Motion to approve 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 22043 and move to approve Resolution 5425, the 130 Flanders Mill Road Annexation. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:46:56 Discussion 00:51:06 Vote on the Motion to approve 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 22043 and move to approve Resolution 5425, the 130 Flanders Mill Road Annexation. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: 28 Bozeman City Commission Meeting Minutes, July 26, 2022 Page 4 of 6 None 00:51:18 Motion to approve 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 22043 and move to provisionally adopt Ordinance 2119, the 130 Flanders Mill Road Zone Map Amendment. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:51:50 Discussion 00:55:43 Vote on the Motion to approve 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 22043 and move to provisionally adopt Ordinance 2119, the 130 Flanders Mill Road Zone Map Amendment. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.2 00:55:56 Silo Annexation and Zone Map Amendment to Annex and Establish Residential Emphasis Mixed Use Zoning District on 115 Acres Located Northwest of the Intersection of Davis Lane and East Valley Center Road in Conjunction with Annexation, Application 21442 21442 Silo Annx-ZMA CC SR.pdf 00:56:19 Staff Presentation Community Development Program Manager Chris Saunders presented the application, presented a summary of the application, the FLUM designation, the annexation goals and policies findings, the zoning criteria, the spot zoning criteria, and the recommendations. He presented a response to submitted public comments. 01:00:41 Questions of Staff 01:29:29 Applicant Presentation Rob Lateiner, Managing Member of the applicant team, presented the purpose of the application. Rob Pertzborn, Intrinsik Architecture, presented the materials of the application, an orientation of the property, the location map in relation to the urban services planning boundary, the vicinity map, surrounding zoning, FLUM designation, correlated zoning, Community Plan goals and objectives met by the project, zoning criteria, project schedule, and the proposed zoning. 29 Bozeman City Commission Meeting Minutes, July 26, 2022 Page 5 of 6 01:38:07 Questions of Applicant 02:00:59 Public Comment There were no comments on this item. 02:01:55 Motion to approve 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 21442 and move to the Silo Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 02:02:03 Discussion 02:07:15 Vote on the Motion to approve 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 21442 and move to the Silo Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:07:26 Motion to approve 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 21442 and move to approve the Silo Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 02:07:51 Discussion 02:21:25 Vote on the Motion to approve 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 21442 and move to approve the Silo Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. The Motion carried 5 – 0. Approve: 30 Bozeman City Commission Meeting Minutes, July 26, 2022 Page 6 of 6 Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J) 02:21:40 FYI / Discussion K) 02:21:48 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: September 13, 2022 31 Bozeman City Commission Meeting Minutes, August 2, 2022 Page 1 of 13 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES August 2, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present at the Dais: City Manager (CM) Jeff Mihelich, Assistant City Attorney (ACA) Tim Cooper, City Clerk (CC) Mike Maas A) 00:04:27 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:07:18 Pledge of Allegiance and a Moment of Silence C) 00:08:06 Changes to the Agenda • There were no changes. D) Authorize Absence E) 00:08:14 FYI • DM Cunningham provided an update on the Governor's Task Force Subtask Force meeting on Local Authority on housing. • CM Mihelich provided an update on the repairs for the Swim Center that pre-design is complete and the scope of work is underway. F) 00:11:06 Commission Disclosures • DM Cunningham disclosed his recusal on Consent II. G) 00:11:20 Consent G.1 Accounts Payable Claims Review and Approval G.2 Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as of June 30, 2022 Commission Memo - Pledged Securities - Appoint Sub-Committee 0622.doc Depository Bonds & Securities 0622.pdf 32 Bozeman City Commission Meeting Minutes, August 2, 2022 Page 2 of 13 G.3 Authorize the City Manager to Sign Grant Award Agreement with Gallatin County for the Burke Park/Peet's Hill Expansion and Improvement Project Grant Award Agreement for Other Eligible Project_Burke Park Expansion (2).docx Exhibit A - City of Bozeman 2022 Gallatin County Open Space Grant.pdf G.4 Recommend Rejecting All Bids for the 2022 N 7th Avenue Water Renovations Project and Rebidding the Project at a Later Date Bid Sheet.pdf G.5 Authorize the City Manager to Sign a Utility Easement with L&S Properties, LLC for Oak and Cottonwood Phase 1 (21379) Utility Easement G.6 Authorize the City Manager to Sign a Utility Easement with 70 Bucks, LLC for the Alderson 5 Row Houses Site Plan (21164) Utility Easement G.7 Authorize the City Manager to Sign a Temporary Occupancy Permit with Montana Rail Link to Facilitate Exploratory Excavation and Inspection of an Existing Trunk Sewer Main Crossing the Railroad 300773 - Bozeman City of - TOP Unsigned Muni Form- 6-27-2022.pdf G.8 Authorize the City Manager to Sign a Professional Services Agreement with AE2S to Provide Preliminary Engineering Design Services for the Membrane Backwash Recycling and Sludge Handling Project at the City of Bozeman Water Treatment Plant Professional Service Agreement and Scope G.9 Authorize the Signature for the First Amendment to Professional Services Agreement with Mountain Time Arts for Enhancement of Bozeman Creek in the Downtown Area PSA Amendment MTA Bozeman Creek 6-22.pdf G.10 Authorize the City Manager to Sign a Professional Services Agreement with Altitude Training Associates, LLC for Contractor Training Services Contractor Training Services - PSA.pdf ATAScopeOfWorkStormWaterTraining.pdf G.11 Resolution 5435 Authorizing Prime Change Order 18 with Langlas and Associates for Construction of the Bozeman Public Safety Center BPSC Job No. 19426 Prime CO 18 signed STL.pdf Resolution_5435 CO18.docx 00:11:27 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:12:09 Public Comment There were no comments on the Consent Agenda. 00:12:43 Motion to approve Consent Items 1 - 11 as submitted. Terry Cunningham: Motion Christopher Coburn: 2nd 00:12:54 Vote on the Motion to approve Consent Items 1 - 11 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus 33 Bozeman City Commission Meeting Minutes, August 2, 2022 Page 3 of 13 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:13:05 Consent II H.1 Authorize the City Manager to Sign a Heart of the Valley Shelter and Services Agreement FY23-FY25 Heart of the Valley Shelter and Services Agreement FY23-FY25.docx 00:13:09 Motion to approve Consent II item H.1 as submitted. Christopher Coburn: Motion Jennifer Madgic: 2nd 00:13:15 Vote on the Motion to approve Consent II item H.1 as submitted. The Motion carried 4 – 0. Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None Recused: Terry Cunningham I) 00:13:25 Public Comment Mayor Andrus opened General Public comments. 00:14:51 Emilia Olsen, Public Comment Emilia Olsen commented on the Swim Center and aquatics operations. 00:16:41 Ingrid Olsen, Public Comment Ingrid Olsen commented on the Swim Center and aquatics operations. 00:17:51 Leif Sundeen, Public Comment Leif Sundeen commented on the Swim Center. 00:20:26 John Kiser, Public Comment John Kiser commented on the Swim Center. 00:23:29 Ashley Ogle, Public Comment 34 Bozeman City Commission Meeting Minutes, August 2, 2022 Page 4 of 13 Ashley Ogle commented on the Swim Center 00:25:00 Justin Woodward, Public Comment Justin Woodward commented on the Swim Center and aquatics operations. 00:28:52 Dylan Gillespie, Public Comment Dylan Gillespie commented on the Swim Center and aquatics operations. 00:30:24 Hans Dersch, Public Comment Hans Dersch commented on aquatics operations. J) 00:33:54 Action Items J.1 00:34:02 1001 Thomas Drive Annexation, Application 22067, Requesting Annexation of 15.115 Acres and Zone Map Amendment of the City Zoning Map for the Establishment of a Zoning Designation of REMU (Residential Emphasis Mixed Use) 22067 1001 Thomas Annx-ZMA CC SR.pdf 00:34:13 Staff Presentation Senior Planner Tom Rogers entered the staff report, applicant submittal, and public comments into the record, presented the application's subject property, project vicinity, neighboring zoning, the annexation goals and policies, the zoning review criteria, the spot zoning findings, the recommendations, and that there were no public comments. 00:42:27 Questions of Staff 00:47:47 Applicant Presentation Perrin Raymond, with Madison Engineering representing the owner, provided a brief statement on the application. 00:49:52 Questions of the Applicant 00:52:08 Public Comment There were no public comments on this item. 00:52:38 Motion to approve 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 22067 and move to approve the 1001 Thomas Drive Annexation, with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:53:13 Discussion 00:56:15 Vote on the Motion to approve 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 22067 and move to approve the 1001 Thomas Drive Annexation, with 35 Bozeman City Commission Meeting Minutes, August 2, 2022 Page 5 of 13 recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 00:56:25 Motion to approve 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 22067 and move to approve the 1001 Thomas Drive Zone Map subject to contingencies required to complete the application processing. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:57:01 Discussion 01:01:56 Vote on the Motion to approve 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 22067 and move to approve the 1001 Thomas Drive Zone Map subject to contingencies required to complete the application processing. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J.2 01:02:08 6730 Davis Lane Annexation, Application 22020, Requesting Annexation of 10.071 Acres and Amendment City Zoning Map for the Establishment of a Zoning Designation of REMU (Residential Emphasis Mixed-Use District) 22020 6730 Davis Annx-ZMA CC SR.pdf 01:02:17 Staff Presentation Planner Rogers entered the staff report, the applicant submittal, and all public comments into the record. He presented the subject property, the project vicinity, the Future Land Use Map (FLUM) designation, adjacent zoning districts, other recent applications, implementing zoning districts, 36 Bozeman City Commission Meeting Minutes, August 2, 2022 Page 6 of 13 annexation goals and policies, zoning review criteria, the spot zoning criteria, recommendations, and that there have been no public comments. 01:10:43 Questions of Staff 01:25:10 Applicant Presentation Dean Burgess, with Proof Architecture, representing the applicant presented the desire for REMU zoning and responded to Commission questions related to the commercial density and flexibility within the subject property. 01:28:53 Questions of Applicant 01:31:22 Public Comment There were no comments on this item. 01:31:57 Motion to approve 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 22020 and move to approve the 6730 Davis Lane Annexation. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:32:29 Discussion 01:35:22 Vote on the Motion to approve 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 22020 and move to approve the 6730 Davis Lane Annexation. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:35:38 Motion to approve 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 22020 and move to approve the 6730 Davis Lane Zone Map Amendment. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:36:13 Discussion 37 Bozeman City Commission Meeting Minutes, August 2, 2022 Page 7 of 13 01:43:56 Vote on the Motion to approve 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 22020 and move to approve the 6730 Davis Lane Zone Map Amendment. The Motion carried 4 – 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Christopher Coburn J.3 01:44:10 Continue Resolution 5406 Establishing Tree Maintenance District Assessments for FY2023 to August 9, 2022 01:44:28 Motion to adopt Resolution 5406 establishing a Tree Maintenance District Assessments for FY2023 to August 9, 2022. Terry Cunningham: Motion Christopher Coburn: 2nd 01:44:51 Vote on the Motion to continue Resolution 5406 establishing a Tree Maintenance District Assessments for FY2023 to August 9, 2022. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J.4 01:45:00 Resolution 5407 Establishing a Six Percent Change to Arterial and Collector Street Maintenance District Assessments for Fiscal Year 2023 Resolution 5407 Arterial-CollectorStreet Mtc Assessments FY23.docx 01:45:37 Staff Presentation Interim Finance Director Rachel Harlow-Schalk presented the resolution implementing the rate increase to operationalize the adopted budget. 01:48:07 Questions of Staff 01:49:46 Public Comment 38 Bozeman City Commission Meeting Minutes, August 2, 2022 Page 8 of 13 There were no comments on this item. 01:50:16 Motion to adopt Resolution 5407 Establishing a 6% change in Arterial and Collector Street Maintenance Assessments for FY 2023, making the assessment rate $0.007417 per assessable square foot. Christopher Coburn: Motion Jennifer Madgic: 2nd 01:50:37 Discussion 01:51:55 Vote on the Motion to adopt Resolution 5407 Establishing a 6% change in Arterial and Collector Street Maintenance Assessments for FY 2023, making the assessment rate $0.007417 per assessable square foot. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J.5 01:52:05 Resolution 5408 Establishing a Six Percent Increase to Street Maintenance District Assessments for Fiscal Year 2023 Resolution 5408 Street Mtc Assessments FY23.docx 01:52:17 Staff Presentation Interim Finance Director Rachel Harlow-Schalk presented the resolution implementing the rate increase to operationalize the adopted budget. 01:54:42 Questions of Staff 01:55:40 Public Comment There were no comments on this item. 01:56:04 Motion to adopt Resolution 5408 establishing a 6% increase in Street Maintenance District Assessments for FY 2023, making the assessment rate $0.035100 per assessable square foot. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 01:56:31 Discussion 39 Bozeman City Commission Meeting Minutes, August 2, 2022 Page 9 of 13 01:58:42 Vote on the Motion to adopt Resolution 5408 establishing a 6% increase in Street Maintenance District Assessments for FY 2023, making the assessment rate $0.035100 per assessable square foot. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J.6 01:58:54 Resolution 5409 Establishing a 15 Percent Change to Parks and Trails Maintenance District Assessments for Fiscal Year 2023 Resolution 5409 Parks Trails FY23 Assessment.docx 01:59:15 Staff Presentation Interim Finance Director Rachel Harlow-Schalk presented the resolution implementing the rate increase to operationalize the adopted budget. 02:02:13 Questions of Staff 02:03:03 Public Comment There were no comments on this item. 02:03:28 Motion to adopt Resolution 5409 Establishing a 15% change in Parks and Trails Maintenance District Assessments for FY 2023, making the assessment rate $0.026002 per assessable square foot. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:03:56 Discussion 02:06:03 Vote on the Motion to adopt Resolution 5409 Establishing a 15% change in Parks and Trails Maintenance District Assessments for FY 2023, making the assessment rate $0.026002 per assessable square foot. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 40 Bozeman City Commission Meeting Minutes, August 2, 2022 Page 10 of 13 J.7 02:06:13 Resolution 5427 Establishing Rates for Emergency Medical Services Transport COMMISSION RESOLUTION NO 5427 ESTABLISHING RATES FOR EMERGENCY MEDICAL SERVICES TRANSPORT.pdf EMS Transport Cost Recovery FY-23.pdf 02:06:26 Staff Presentation Fire Chief Josh Waldo presented the resolution establishing Emergency Medical Services transport fees, a background on the need for this cost recovery, the proposed rate schedule, the revenue will be collected by a third party vendor into a special revenue fund, and recommendation. 02:09:34 Questions of Staff 02:18:44 Public Comment Mayor Andrus opened this item for public comment. 02:19:00 Ralph Zimmer, Public Comment Ralph Zimmer commented on EMS transport service quality. 02:20:21 Motion to adopt Resolution 5427 establishing a rate schedule for for Emergency Medical Services Transport. Terry Cunningham: Motion Christopher Coburn: 2nd 02:20:33 Discussion 02:25:50 Vote on the Motion to adopt Resolution 5427 establishing a rate schedule for for Emergency Medical Services Transport. The Motion carried 4 – 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Christopher Coburn 02:26:00 Recess Mayor Andrus called the meeting into recess. 02:35:15 Call to Order Mayor Andrus called the meeting back to order. K) 02:35:36 Work Session K.1 02:35:37 Fowler Avenue Connection Project Work Session 41 Bozeman City Commission Meeting Minutes, August 2, 2022 Page 11 of 13 20220724_FINAL Fowler pre-design Staff Report.pdf 02:37:07 Staff Presentation Transportation and Engineering Director Nicholas Ross presented the Fowler Avenue Connection project. He presented project background, timeline, the purpose and need, design criteria, staff recommendation, what we heard, an overview of survey responses, environmental review, corridor analysis, intersection analysis, intersection conceptual layouts, typical and alternative sections, opinion of probable cost, and the Transportation Board resolution. 03:09:32 Questions of Staff 03:41:55 Public Comment Mayor Andrus opened public comments with the limitation of two minutes per speaker. 03:44:19 Ralph Zimmer, Public Comment Ralph Zimmer commented on the development of transportation plans and support for the project. 03:46:58 Sky Sterry, Public Comment Sky Sterry commented on the land required for the project. 03:47:39 Trisha Wookey, Public Comment Trisha Wookey commented on funding for the project, the cost projections, and in opposition to the project. 03:50:07 Jessica Gildea, Public Comment Jessica Gildea commented on a non-automotive trail alternative to the project. 03:52:22 Isaac Cheek, Public Comment Isaac Cheek commented on behalf of the Cottonwood Law Firm in opposition to the project for environmental concerns and water. 03:53:28 Phil Owlsey, Public Comment Phil Owlsey commented on encouraging walking by maintaining the trail and in opposition to the project. 03:55:43 Walker Askelson, Public Comment Walker Askelson commented in opposition to the project as unnecessary. 03:57:49 Daniel Carty, Public Comment Daniel Carty commented in opposition to the project as out of compliance with existing City Plans. 03:59:47 Molly Ward, Public Comment Molly Ward commented on community engagement moving forward, to tour the corridor, health and safety effects, 04:01:47 Michelle Laskowski, Public Comment Michelle Laskowski commented on a non-automotive trail alternative to the project. 42 Bozeman City Commission Meeting Minutes, August 2, 2022 Page 12 of 13 04:02:51 Meeting Extended Mayor Andrus extended the meeting until 10:20 p.m. 04:02:58 Emily Kelly, Public Comment Emily Kelly commented in favor of the project to accept additional traffic from neighboring streets. 04:04:33 Pattie Dickerson, Public Comment Pattie Dickerson commented in opposition to the project as not compliant with the City's Climate Plan and in favor of an alternative trail. 04:06:44 Steve Kirchhoff, Public Comment Steve Kirchhoff commented on neighbors' active discussion and the City's engagement process and to consider the input. 04:09:07 Zehra Osman, Public Comment Zehra Osman commented in opposition to the project. 04:11:13 Jahnna Winter, Public Comment Jahnna Winter commented in opposition to the project. 04:13:34 Ted Wallace, Public Comment Ted Wallace commented in opposition to the project. 04:15:34 Marilee Brown, Public Comment Marilee Brown, Executive Director of Galla10 Alliance for Pathways and of Safer Bozeman, commented in favor of the project and supported two bike lane pathways and twelve foot driving lanes. 04:17:56 Christopher Nixon, Public Comment Christopher Nixon commented on concern for preserving the section line ditch. 04:20:38 Discussion 04:30:35 Meeting Extended Mayor Andrus extended the meeting until 10:40 p.m. 04:30:48 Discussion Continued 04:45:31 Meeting Extended Mayor Andrus extended the meeting until 11:00 p.m. 04:45:40 Discussion Continued 04:59:03 City Manager Summary L) 05:01:01 FYI / Discussion M) 05:01:07 Adjournment 43 Bozeman City Commission Meeting Minutes, August 2, 2022 Page 13 of 13 ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: September 13, 2022 44 Bozeman City Commission Meeting Minutes, August 9, 2022 Page 1 of 7 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES August 9, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:00:10 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:03:03 Pledge of Allegiance and a Moment of Silence C) 00:03:42 Changes to the Agenda • There were no changes. D) 00:03:52 FYI • DM Cunningham noted the Sustainability Advisory Board meeting on August 10 at 6 p.m. • CM Mihelich announced Katie Biehl was awarded the 2022 Library of the Year award by the Montana Library Association; and, provided a drought update. E) 00:06:24 Commission Disclosures F) 00:06:30 Consent F.1 Accounts Payable Claims Review and Approval F.2 Approval of Depository Bonds and Pledged Securities as of June 30, 2022 Commission Memo - Pledged Securities - Approval 0622.doc Depository Bonds & Securities 0622.doc F.3 Authorize the City Manager to Sign a Professional Services Agreement in the Amount of $56,400 with Metcalf Archaeological Consultants, Inc. to Supply the City with Architectural Inventory Services SHPO/COB Agreement Final PSA Metcalf-COB signed.pdf COI_CityOfBozeman_2022.pdf 45 Bozeman City Commission Meeting Minutes, August 9, 2022 Page 2 of 7 F.4 Authorize the City Manager to Sign a Task Order 1 of the Professional Services Master Task Order Agreement with AE2S Providing for Engineering Services for the Following Three Sub-tasks at the City of Bozeman Water Treatment Plant: DAF Effluent to Gravity Thickener Feasibility Study, Facility Renovation Plan for a Garage Wall Demolition, and Lyman Creek Dam Outlet Diversion Improvements Project WTP On-Call Services - Task Order 1 F.5 Ordinance 2119 Final Adoption of the 130 Flanders Mill Road Annexation of 1.0875 Acres and Amendment of the City Zoning Map for the Establishment of a Zoning Designation of R-3 (Residential Medium Density); Application 22043 22043 Flanders Mill ZMA Ordinance 2119.pdf 537-01 HELVIK Zone-Map-Amnd.pdf 00:06:36 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:07:12 Public Comment There were no public comments on the Consent Agenda. 00:07:43 Motion to approve Consent Items 1 - 5 as submitted. Terry Cunningham: Motion Christopher Coburn: 2nd 00:07:51 Vote on the Motion to approve Consent Items 1 - 5 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:08:02 Public Comment There were no general public comments. H) 00:09:03 Special Presentation H.1 00:09:20 Eighth Quarterly Report on Bozeman as an Inclusive City 8-2-22 FINAL Inclusive City Report August 2022.pdf I) 00:15:45 Action Items I.1 00:15:50 Resolution 5439 Declaring a Public Welfare Emergency and Authorizing the Selection of a Responsible Contractor without Competitive, Advertised Bidding to Complete the Immediate Repair of Damage to the City Swim Center Resolution 5439.docx 46 Bozeman City Commission Meeting Minutes, August 9, 2022 Page 3 of 7 00:16:28 Staff Presentation CM Mihelich provided the background on the resolution, bidding public contracts, the recommendations and findings to waive the bidding process, the next steps and scheduling, 00:21:35 Questions of Staff 00:29:57 Public Comment Mayor Andrus opened this item for public comments. 00:30:26 John Kiser, Public Comment John Kiser commented on the Swim Center and in support of the resolution. 00:33:43 Maria Holden, Public Comment Maria Holden commented on the benefit of the Swim Center to the community. 00:36:33 Jason Schoper, Public Comment Jason Schoper commented on the Swim Center 00:39:38 Winston Sundeen, Public Comment Winston Sundeen commented on the Swim Center and in support of the resolution. 00:40:15 Nicole Olsen, Public Comment Nicole Olsen commented on the Swim Center and in support of the resolution. 00:41:25 Shelby Russell, Public Comment Shelby Russell commented in support of the resolution. 00:43:35 Ashley Ogle, Public Comment Ashley Ogle commented in support of the resolution 00:45:04 Siobhan Gilmartin, Public Comment Siobhan Gilmartin commented in support of the resolution. 00:46:00 Leif Sundeen, Public Comment Leif Sundeen commented in support of the resolution. 00:46:57 Mary Wictor, Public Comment Mary Wictor commented in support of the resolution. 00:47:55 Motion to adopt Commission Resolution 5439 declaring a public welfare emergency and authorizing the selection of a responsible contractor without competitive, advertised bidding to complete the immediate repair of damage to the city swim center Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:48:13 Discussion 47 Bozeman City Commission Meeting Minutes, August 9, 2022 Page 4 of 7 00:57:21 Vote on the Motion to adopt Commission Resolution 5439 declaring a public welfare emergency and authorizing the selection of a responsible contractor without competitive, advertised bidding to complete the immediate repair of damage to the city swim center. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.2 00:57:31 Resolution 5406 Establishing Tree Maintenance District Assessments for FY2023 Resolution 5406 Tree Mtc Assessments FY23.docx 00:57:49 Staff Presentation Interim Finance Director Rachel Harlow-Schalk presented the resolution for tree maintenance district assessment, the six percent increase is based upon the adopted fiscal year 2023 budget. 01:02:45 Questions of Staff 01:10:36 Public Comment There were no public comments on this item. 01:11:02 Motion to adopt Commission Resolution 5406 establishing a Tree Maintenance District Assessments for FY2023, making the assessment rate $0.003914 per assessable square foot. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 01:11:25 Discussion 01:14:50 Vote on the Motion to adopt Commission Resolution 5406 establishing a Tree Maintenance District Assessments for FY2023, making the assessment rate $0.003914 per assessable square foot. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 48 Bozeman City Commission Meeting Minutes, August 9, 2022 Page 5 of 7 01:15:06 City Manager Acknowledgment CM Mihelich acknowledge Rachel Harlow-Schalk for her work with the City as the Interim Finance Director. I.3 01:16:34 Public Hearing for University Crossing Site Plan and Conditional Use Permit (CUP) to Allow Ground Floor Residential within the Community Business (B-2) Zoning District, Application 21327 University Crossing SP & CUP_CC Final.pdf 21327 Conditions for Recordation DRAFT.pdf 01 Development Review Application SIGNED.pdf 02 Narrative.pdf 00 A0-0 - COVER.pdf 02AC2.1 - ARCHITECTURAL SITE PLAN.pdf 17 L101 - OVERALL LANDSCAPE PLAN.pdf 23 N-A2-1 - 2ND FLOOR PLAN.pdf 24 N-A2-2 - 3RD FLOOR PLAN.pdf 25 N-A3-0 - BUILDING ELEVATIONS.pdf 22 N-A2-0 - 1ST FLOOR PLAN.pdf 30 S-A2-1 - 2ND FLOOR PLAN.pdf 31 S-A2-2 - 3RD FLOOR PLAN.pdf 32 S-A3-0 - BUILDING ELEVATIONS.pdf 29 S-A2-0 - 1ST FLOOR PLAN.pdf 01:17:07 Staff Presentation Senior Planner Tom Rogers presented the application. He entered the applicant submittal, the staff report, and all public comments into the record, presented the project location, the Future Land Use Map designation, applications in the immediate vicinity, an image of the site plan and design elevations, the criteria for review of the conditional use permit (CUP), and the recommended motion. 01:22:21 Questions of Staff 01:30:16 Applicant Presentation Laura Dornberger, with Locati Architects, responded to Commission questions and was available for questions. 01:30:51 Questions of Applicant 01:35:51 Public Comment There were no comments on this item. 01:36:17 Motion to approve Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presenting in the staff report for application 21327 and move to approve the University Crossing Conditional Use Permit subject to conditions and all applicable code provisions. Jennifer Madgic: Motion Terry Cunningham: 2nd 49 Bozeman City Commission Meeting Minutes, August 9, 2022 Page 6 of 7 01:36:53 Discussion 01:48:57 Vote on the Motion to approve Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presenting in the staff report for application 21327 and move to approve the University Crossing Conditional Use Permit subject to conditions and all applicable code provisions. The Motion carried 4 – 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Christopher Coburn 01:49:07 Recess Mayor Andrus called the meeting into recess. 01:55:06 Call to Order Mayor Andrus called the meeting back to order. J) 01:55:13 Work Session J.1 01:55:14 Short Term Rental Work Session Short Term Rentals Memo.pdf Attachment 1 - Public Engagement.pdf Zoning Districts Map.pdf 01:56:55 Staff Presentation Housing Program Specialist Renata Munfrada presented the history of Short Term Rentals (STR), registration process, current types of STRs, current zoning districts that allow STR, STR data, community comparisons, potential policy options, and the questions for the Commission to consider. 02:06:20 City Attorney Clarification 02:07:58 Questions of Staff 03:02:57 Public Comment 03:03:14 Marilee Brown, Public Comment Marilee Brown commented on the history of the STR program, data on STRs, compliance, suggested a survey of homes advertised, and on the role of management companies. 03:06:36 Leif Sundeen, Public Comment Leif Sundeen commented on STRs, housing availability, the need for more data, and on caps of STRs. 03:09:25 Paul House, Public Comment 50 Bozeman City Commission Meeting Minutes, August 9, 2022 Page 7 of 7 Paul House commented on the lack of enforcement, the need for data, to enforce the policy as created before making changes, potential caps, require City permit numbers on listings, and encourage county to adopt similar. 03:12:50 Reno Walsh, Public Comment Reno Walsh commented in agreement on enforcement, that individuals are unaware of the requirements, the requirement of City license on listings. 03:14:43 Emily Talago, Public Comment Emily Talago commented on the need to balance benefits and detriments of STRs, potential changes to fee structure, and how extended stay hotels are expected to comply. 03:17:21 Mary Wictor, Public Comment Mary Wictor commented on expanding Type-1 and Type-2 rentals, restricted zones, using parking requirements as a restriction, 03:20:44 Response to Public Comment CA Sullivan provided a response to some public comments. 03:23:32 City Manager Clarification 03:24:27 Direction to Staff K) 03:47:10 FYI / Discussion • DM Cunningham shared concern of community commercial becoming usurped by residential developments. L) 03:49:06 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: September 13, 2022 51 Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, Accounts Payable Clerk Levi Stewart, Assistant City Controller Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission is recommended to make a motion and approve payment of 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. Due to the Commission meeting schedule (no meetings on 8/30 or 9/6) checks dated 8/31/2022 were mailed prior to this presentation to the City Commission. UNRESOLVED ISSUES:The finance team is working on an official policy around the distribution of checks in instances when there are two weeks between City Commission meetings. The current policy is to hold payment runs during weeks in which no meeting takes place. This was an exceptional circumstance, as there were two consecutive weeks without meetings and we opted to pay claims for the first week to meet the City's financial obligations to vendors and the community. 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. 52 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: September 8, 2022 53 Memorandum REPORT TO:City Commission FROM:Renata Munfrada, Community Housing Program Coordinator David Fine, Economic Development Housing Program Manager Brit Fontenot, Economic Development Department Director SUBJECT:Authorize the City Manager to Sign a Grant Agreement with One Valley Community Foundation for Investment in the Regional Housing Coalition MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to Sign a Grant Agreement with One Valley Community Foundation for Investment in the Regional Housing Coalition STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The City Commission voted at their June 28, 2022 to award a $50,000 grant to One Valley Community Foundation for the Regional Housing Coalition. From the Grant Application: "The Regional Housing Coalition (RHC) is being created as long-term infrastructure that will inform citizens, organize partners and resources, and catalyze action to address our region’s housing needs. The RHC will be an ongoing project of the One Valley Community Foundation, convening diverse partners to coordinate and activate solutions to housing affordability and availability needs in Gallatin County." UNRESOLVED ISSUES:None. ALTERNATIVES:At the direction of the City Commission. FISCAL EFFECTS:The City Commission voted to make the grant award using FY 2022 funds that were available in the Community Housing Fund. Attachments: One Valley Regional Housing Committee Grant Agreement final.pdf Report compiled on: August 25, 2022 54 FY 2022 Grant Agreement – One Valley Regional Housing Coalition Page 1 GRANT AGREEMENT One Valley Community Foundation: Regional Housing Coalition THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and between the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as GRANTOR and One Valley Community Foundation, a nonprofit organization that identifies and addresses the priorities and concerns of the Gallatin Valley located at 1627 W. Main Street, P.O. Box 404, Bozeman, Montana 59715 as GRANTEE. WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866 establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and WHEREAS, One Valley Community Foundation submitted a proposal to the City Commission for a grant of $50,000 to support the initial implementation of the Regional Housing Coalition (the “Project”) that would benefit from the City funding; and WHEREAS, on June 28, 2022, the Commission appropriated $50,000 for the Project. THE PARTIES AGREE: 1. The Grant. The City will grant and release to GRANTEE a sum of up to fifty thousand dollars ($50,000) from its Workforce Housing Fund (the “Grant”) pursuant to the payment terms in Section 3. 2. Use of Grant Funds. Grant funds in the amount of up to fifty thousand dollars ($50,000) will be used by GRANTEE for the sole purpose of supporting the initial implementation of the Regional Housing Coalition as described in the proposal submitted by Grantee to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. 3. Payment of Grant Funds Grantee will invoice the City for up to $50,000 to receive payment in full, subject to the terms of this Agreement. 4. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, 55 FY 2022 Grant Agreement – One Valley Regional Housing Coalition Page 2 and regulations that in any manner may affect Grantee’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations 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 for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project. 5. Reports/Accountability/Public Information. For all Grant funds paid to GRANTEE, GRANTEE will provide to the City a formal written report that includes, at a minimum, the proof of expenses paid with grant funds. GRANTEE agrees to develop and/or provide such other documentation as requested by the City demonstrating GRANTEE’s compliance with the requirements of this Agreement. GRANTEE must 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 monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by the City. The City recognizes the nature of GRANTEE’S public engagement efforts and for any communication with the public unrelated to the City the GRANTEE is not required to obtain City authorization before the dissemination of statements related to the GRANTEE’s performance under this Grant. Notwithstanding the above, should GRANTEE determine to disseminate communications regarding the City’s decision to award this Grant, GRANTEE must obtain the City’s prior approval of such communication. 6. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may 56 FY 2022 Grant Agreement – One Valley Regional Housing Coalition Page 3 not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 7. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 8. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE 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 GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first 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 ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 9. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be David Fine, Economic Development 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, GRANTEE may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. 57 FY 2022 Grant Agreement – One Valley Regional Housing Coalition Page 4 b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this Agreement shall be Bridget Wilkinson or such other individual as GRANTEE shall designate in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication shall be directed to GRANTEE’s Representative; provided, however, that in exigent circumstances when GRANTEE’s Representative is not available, City may direct its direction or communication to other designated GRANTEE personnel or agents. 10. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 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 indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’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 GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. GRANTEE 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 58 FY 2022 Grant Agreement – One Valley Regional Housing Coalition Page 5 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. In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and GRANTEE 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 The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 11. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by Grantee of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, 59 FY 2022 Grant Agreement – One Valley Regional Housing Coalition Page 6 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. GRANTEE 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). GRANTEE 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. GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 12. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this 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 shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 13. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 14. 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. 60 FY 2022 Grant Agreement – One Valley Regional Housing Coalition Page 7 15. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 16. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 17. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 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. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 20. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: __________ Jeff Mihelich, City Manager City of Bozeman _______________________ Date: __________ Bridget Wilkinson, President & CEO One Valley Community Foundation 61 FY 2022 Grant Agreement – One Valley Regional Housing Coalition Page 8 GRANTEE Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 62 FY 2022 Grant Agreement – One Valley Regional Housing Coalition Exhibit A Exhibit A Grant Proposal 63 March 18, 2022 To the City of Bozeman Administration and Commission, The One Valley Community Foundation respectfully requests that a $50,000 investment in the Regional Housing Coalition be included in the City Manager’s FY23 Recommended Budget to the Bozeman City Commission. The Regional Housing Coalition (RHC) is being created as long-term infrastructure that will inform citizens, organize partners and resources, and catalyze action to address our region’s housing needs. The RHC will be an ongoing project of the One Valley Community Foundation, convening diverse partners to coordinate and activate solutions to housing affordability and availability needs in Gallatin County. A Regional Approach The One Valley Community Foundation connects people who care with causes that matter. We do this by engaging and listening to community partners and individuals, and by acting as an even-handed convenor of diverse public and private partners to engage in local solution making. We lead from behind – or out front when it best serves our community. Housing is a regional problem that requires regional solutions. The City of Bozeman, nonprofits, employers, philanthropists, and many other community partners are marshaling resources to address housing needs in our County. One Valley Community Foundation has intentionally crafted its Regional Housing Initiatives to support those efforts by acting as a convenor and connection point for engaging in collaborative housing strategies. Additionally, we can support these strategies by acting as a conduit for communication and education that crosses sectors and silos. We believe that in order to influence escalating affordability issues, we need both shovels in the ground building homes and the RHC to address upstream issues like wages, childcare, and conflicting policies. 64 The Regional Housing Coalition The coordination of partners, funding, and solutions does not exist right now. This creates the opportunity for One Valley Community Foundation to do what it does well: marshal resources, convene partners, and provide accountability and structure for collective action. We invite the City of Bozeman to continue partnering with One Valley Community Foundation in addressing increasingly critical regional housing needs by supporting the implementation of the Regional Housing Coalition with a budget appropriation for FY23, as well as the dedication of staff and Commissioner participation. A preliminary implementation plan, project description, and expected outcomes of the RHC tied to the City of Bozeman’s Strategic Plan are further described in this request. In gratitude, Bridget Wilkinson, President and CEO One Valley Community Foundation 65 Regional Housing Coalition Project Description: One Valley Community Foundation will form and convene the Regional Housing Coalition (RHC), a collaboration among diverse public and private partners in Gallatin County that will identify shared priorities and implement actionable solutions to address housing needs. Our Regional Housing Coalition will be structured using the proven Collective Impact framework and informed by lessons learned by the Tahoe-Truckee Community Foundation’s Mountain Housing Council. Established partnerships during the development stages of the project will evolve into formalized partners of the RHC. Individual thought partners, HRDC IX, the City of Bozeman, Future West, Headwaters Community Housing Trust, Gallatin County, and individual employers and professionals from the private housing industry have all contributed to developing the RHC. We look forward to ongoing and effective partnerships with those and other organizations after implementation. The RHC will be civic infrastructure built upon a foundation of robust community engagement, data collection, research, and partner investment and input. Its objectives include: 1. Public Education: To report on housing and other community data in addition to sharing updates on solution making in layman terms and through storytelling to inform and activate the public and foster engagement. 2. Contribute to Decision-making: To use publicly available and original data to assess evolving housing needs throughout Gallatin County’s population and geography and identify and act on a portfolio of vetted strategies that inform local and state government policy. 3. Coordination and Cooperation: The RHC serves as a forum for agencies, organizations and interests to increase partnerships and amplify communication and sharing of resources to catalyze projects and results. 4. Accountability: The RHC holds partners accountable to contribute to and measure progress on identified goals by tracking metrics on a public dashboard. One Valley will ensure RHC members create a common agenda, create measurable impact objectives, coordinate mutually reinforcing activities, provide continuous communication, and will lead from behind by creating accountability as the backbone support organization. 66 5. Attract Capital: Attract capital to support a regional funding source(s) for housing education and programming, as well as affordable home preservation and development. 6. Advocate: The RHC will advocate for policies and programs that support the goals identified by the RHC and the strategies employed to reach those goals. The common agenda of the RHC will be agreed upon by its membership. A place to start may be: •To align housing costs and availability with wages & job locations in Gallatin County. •To create a Regional Housing Strategy for Gallatin County. •To increase funding sources for local housing solutions. The Intended Outcomes of the RHC are described here, although outcomes and related impacts are determined by RHC membership, so this list will evolve with the agreed-upon priorities and actions of the RHC. Short term – Year 1: •Identify and convene public and private partners {An Engaged Community 1.2 Community Engagement, 1.3 Public Agencies Collaboration, 1.4 Business and Institutional Partnerships} •Provide targeted convening opportunities for local government staff and officials, nonprofit housing partners, and members of the private housing industry {1.3 Public Agencies Collaboration, 1.4 Business and Institutional Partnerships} •Partners identify shared priorities, goals, and metrics •Prepare for the next legislative session {1.3.f Public Agencies Collaboration} •Pair housing needs with Solution Strategies, and action steps. Assign steps. •Map existing or planned regional housing projects/initiatives. •Identify efficiencies, shared resources, and collaborations that could expedite or improve housing projects/initiatives. •Create a fund to support housing projects. 67 •Develop an affordable housing strategy/agenda and implementation plans, including a policy platform. {1.3 Public Agencies Collaboration, A Well-Planned City 4.1 Informed Conversation on Growth, 4.3.f Prepare for MPO, 4.5 Housing and Transportation Choices} •Research and develop white papers/policy recommendations based on real-world data. [A Well-Planned City 4.1 Informed Conversation on Growth, 4.5 Housing and Transportation Choices} •Educate the public to increase community understanding of and support for effective policy, increase philanthropic dollars and decrease hopelessness knowing that the wheels are moving. {An Engaged Community 1.2 Community Engagement} •Shift the conversation on what “affordable” means. {An Engaged Community 1.2 Community Engagement, 3.3 Anticipate, celebrate, and incorporate an increasingly diverse population} •Raise and/or create access to $X for housing solutions. {4.5 Housing and Transportation Choices} Long term – years 5-10 •Change X policy to ensure tax revenues for housing development {1.3.f Public Agencies Collaboration} •Help in the development of X affordable/achievable housing units {1.3 Public Agencies Collaboration, A Well-Planned City 4.1 Informed Conversation on Growth, 4.3.f Prepare for MPO, 4.5 Housing and Transportation Choices} •Help push for another X affordable/achievable housing units {1.3 Public Agencies Collaboration, A Well-Planned City 4.1 Informed Conversation on Growth, 4.3.f Prepare for MPO, 4.5 Housing and Transportation Choices} •See positive changes in indicators tied to workforce housing and quality of life {A Safe, Welcoming Community 3.2 Health and Safety Action, 3.3 Friendly Community Measurable indicators will be tied to the prioritized Strategies and Action Steps that the RHC membership identifies. Examples of indicators can include: •# of units for local workforce created, preserved, and converted from STR to long-term rental units. •Alignment of and new financial capital available for local housing •Community Engagement in accelerating solutions Medium term – years 2-5 : 68 •Implementation of an innovative regional policy agenda (County – Housing Strategy) Budget and timeline: The RHC final planning phase will begin in June 2022 and continue through the initial meeting of the coalition. The first meeting of the Regional Housing Coalition is expected to take place in the fourth quarter of 2022, and quarterly after that. Interim meetings of subcommittees and research teams will meet as scheduled between quarterly convenings of the RHC. One Valley has submitted a Planning Grant proposal to the Montana Healthcare Foundation to defray staff and some limited consultant hours to move the RHC from its final stages of development in Q1 and Q2 of FY23, and into its implementation in Q2 of FY23 and beyond. The appropriation from this Budget Request would serve as the City of Bozeman’s investment in the initial implementation of the Regional Housing Coalition as key members of that decision-making body. Similar (scaled) budget requests are being made of Gallatin County and the other incorporated communities in Gallatin County. These requests are submitted now according to local government budgeting processes and timelines. Grant applications and other funding requests will be made of private partners and foundations later this calendar year. Once in operation, partners will include RHC members representative of diverse sectors of our community and population. Although formal agreements have not yet been signed, local government representation, large and small employers, nonprofit housing partners, and workers, parents, young professionals, older adults, people of color, cost-burdened households, and others will be invited to the table. Some partners will contribute to the RHC by investing financial resources to the operations of the coalition and its work, and others will contribute staff time, social and/or political capital, in-kind donations such as communications work or expertise. The Regional Housing Coalition aligns with many of the Vision Statements in the City of Bozeman’s Strategic plan, addressing head-on many of the objectives 69 listed under An Engaged Community, A Safe, Welcoming Community, and A Well-Planned City. Of the Prioritized Work listed in the Strategic plan, the RHC and its ongoing impact will address elements of Community Outreach, Affordable Housing, and Planning and Land Use Initiatives – the top three priorities. Not only is the City of Bozeman Strategic Plan fulfilled in part by investing financial and human capital in the RHC, but the City of Bozeman’s leadership and influence are also valuable contributions to the positive outcomes of this regional coalition. Please consider making this initial financial investment for FY23, as well as the invaluable contribution of staff and Commission time, wisdom, and political capital. 70 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign Grant Agreement with El Mercadito for Reimbursement of Infrastructure Upgrades in the Midtown Tax Increment Financing District MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to sign a grant agreement with El Mercadito for Reimbursement of Infrastructure Upgrades in the Midtown Tax Increment Finance District. STRATEGIC PLAN:2.1 Business Growth: Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses, in coordination with the Economic Development Plan. BACKGROUND:The Bozeman City Commission created the Midtown TIF Assistance Program in 2017 to support redevelopment activity and advance the goals of the 2015 Midtown Urban Renewal Plan. The City Commission amended the Program in January 2020. The Midtown TIF Assistance Program supports projects that contribute to the following five goals of the Midtown Urban Renewal Plan: Promote economic development; Improve multimodal transportation; Improve, maintain, and support innovation in infrastructure; Promote unified, human scale urban design; and Support compatible urban density mixed land uses. These goals, as required by statute, focus on mitigating blighting conditions in the urban renewal area. El Mercadito is a Latin Market located just outside of City Limits. In 2019, El Mercadito proposed the redevelopment of the property on 511 West Mendenhall in the Midtown Urban Renewal District as a second location. El Mercadito requested assistance in the form of reimbursement for general infrastructure improvements, including the installation of 208V 2-phase power via 1,000ft. of additional line and power pole upgrades to the property at 511 West Mendenhall Street. These improvements contributed to a more complete grid for existing and future development. The upgrades were completed in 2020. Unforeseen rising construction costs and supply chain issues caused by the Covid-19 Pandemic prohibited the applicant from completing the project. Staff recommends reimbursing El Mercadito for the cost of the infrastructure upgrades in the Midtown District. The Midtown 71 Urban Renewal Board voted unanimously to recommend approval of this grant application. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:The total cost of the infrastructure upgrades was $26,704 budgeted from the Midtown Tax Increment Financing District Fund. Attachments: Resolution 5087 Authorizing the Midtown Urban Renewal District TIF Assistance Program.pdf Midtown_TIF_assistance_grant_agreement- _El_Mercadito_v2.pdf Report compiled on: August 17, 2022 72 73 74 75 76 77 78 79 80 81 82 83 84 85 El Mercadito, 511 W. Mendenhall, Midtown TIF Assistance Grant Agreement, 2022 MIDTOWN TIF ASSISTANCE PROGRAM GRANT AGREEMENT THIS GRANT AGREEMENT is made and entered into this ____ day of __________, 202__ by and between the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as “Grantor” and El Mercadito located at 7710 Shedhorn Drive Unit D, as “Grantee.” WHEREAS, on December 16, 2015, the Bozeman City Commission adopted Ordinance 1925, the Bozeman Midtown Urban Renewal District Plan (“Plan”), defining the boundaries of the Bozeman Midtown Urban Renewal District (“District”) and delineating goals and strategies for eliminating blight, and authorizing the Bozeman Midtown Urban Renewal Board (“Board”) to act as the agency to exercise urban renewal powers; and WHEREAS, the Plan encourages commercial and residential development or redevelopment through the use of incentives, such as, but not limited to, public infrastructure support; and WHEREAS, the Board developed the Midtown Urban Renewal district Tax Increment Financing Assistance Program (“Midtown TIF Assistance Program”) to grant monies appropriated by the City Commission for grant assistance in the Board’s Annual Work Plan and Budget; and WHEREAS, on December 16, 2019, the Bozeman City Commission adopted Resolution No. 5087 establishing policies for the granting of funds by the Board to a requesting entity through the Midtown TIF Assistance Program; and WHEREAS, the intent of these funds is to offset the cost of redevelopment of substandard or “blighted” properties within the District; and WHEREAS, Grantee is the tenant of the former Charter Communications building, which is being remodeled as the future home of El Mercadito and connected to upgraded electrical infrastructure (the “Project”) to be located at 511 W. Mendenhall St, Bozeman, MT; and WHEREAS, Grantee presented a request to the Board for a grant of up to $50,000 to be used as reimbursement toward the actual cost electrical service lines to the property; and WHEREAS, on September 3, 2020 the Bozeman Midtown Urban Renewal Board approved the grant request in the amount of up to $50,000 (“grant award”) documented in the minutes of the September 3, 2020 meeting; and WHEREAS, El Mercadito completed the electrical infrastructure upgrade on in February 2021 for $26,704. 86 El Mercadito, 511 W. Mendenhall, Midtown TIF Assistance Grant Agreement, 2022 THE PARTIES AGREE: 1. The Grant. The City, through the Board, will grant and release to Grantee a sum of twenty six thousand seven hundred four dollars ($26,704) (the “Grant”) pursuant to the payment terms in Section 3. 2. Use of Grant Funds/Reimbursement. a. Grant funds will be used by Grantee for the purposes as identified in the Grantee’s grant application, which is incorporated by reference herein, and only for the purposes of reimbursing the grantee for the costs of designing, engineering, and constructing an upgraded electrical service connection. b. Grant funds must be used prior to June 30, 2023. Any funds not disbursed to the Grantee within that time will remain in the District fund. c. Use of TIF assistance funds must be in compliance with the terms of this Grant Agreement. 3. Payment of Grant Funds The Grant payment will be applied toward reimbursing the cost of improving utility lines, unless the Board reasonably determines, in its sole discretion, Grantee has failed to meet its obligations pursuant to sections 2, 4, 5, 9, or 10 of this Agreement. 4. Grantee Representations. Grantee represents and warrants to City: a. Grantee has familiarized itself with the nature and extent of this Grant Agreement, the contents of Resolution 5087 attached hereto as Exhibit A) and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect Grantee’s obligations under this Grant Agreement. b. Grantee has familiarized itself with applicable City of Bozeman procurement regulations related to bidding, hiring, and prevailing wages and agrees to comply with such regulations if applicable. c. Grantee has the power to enter into and perform this Grant Agreement. d. The Grant funds are necessary to accomplish the financing requirements of the Project. 5. Reports/Accountability/Public Information. Grantee agrees to develop and/or provide such documentation as requested by the Board demonstrating Grantee’s compliance 87 El Mercadito, 511 W. Mendenhall, Midtown TIF Assistance Grant Agreement, 2022 with the requirements of this Grant Agreement. Grantee shall allow the Board or the City, its auditors, and other persons authorized by the Board to inspect and copy its books and records for the purpose of verifying that monies provided to Grantee pursuant to this Grant Agreement were used in compliance with this Grant Agreement and all applicable provisions of federal, state, and local law. Grantee will retain such records for fifteen years after receipt of final payment under this Agreement unless permission to destroy them is granted by the Board. 6. Default and Termination. If Grantee fails to comply with any condition of this Grant Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within thirty (30) days after written notice is provided to Grantee. The notice will set forth the items to be cured. If this Grant Agreement is terminated pursuant to this Section, Grantee will repay to the City any Grant funds already disbursed to Grantee or applied toward impact fees or cash-in-lieu owed by Grantee for the Project. 7. Limitation on Grantee’s Damages; Time for Asserting Claim a. In the event of a claim for damages by Grantee under this Grant Agreement, Grantee 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 Grantee wants to assert a claim for damages of any kind or nature, Grantee 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 ninety (90) days of the facts and circumstances giving rise to the claim. In the event Grantee fails to provide such notice, Grantee shall waive all rights to assert such claim. 8. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be David Fine, Urban Renewal 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, Grantee may direct its communication or submission to other 88 El Mercadito, 511 W. Mendenhall, Midtown TIF Assistance Grant Agreement, 2022 designated City personnel or agents and may receive approvals or authorization from such persons. b. Grantee’s Representative. Grantee’s Representative for the purpose of this Grant Agreement shall be Nora Jauregui, Owner, or such other individual as Grantee shall designate in writing. Whenever direction to or communication with Grantee is required by this Agreement, such direction or communication shall be directed to Grantee’s Representative; provided, however, that in exigent circumstances when Grantee’s Representative is not available, City may direct its direction or communication to other designated Grantee personnel or agents. 9. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, Grantee agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from Grantee’s (i) negligence or (ii) willful or reckless misconduct. 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 indemnitee(s) which would otherwise exist as to such indemnitee(s). Grantee’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against Grantee to assert its right to defense or indemnification under this Grant Agreement or under Grantee’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 Grantee was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Grant Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Grantee 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 Grant Agreement except “responsibility for his own fraud, for willful 89 El Mercadito, 511 W. Mendenhall, Midtown TIF Assistance Grant Agreement, 2022 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 Grant Agreement. In addition to and independent from the above, Grantee shall at Grantee’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 Grantee in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by Grantee 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 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 The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General policy. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non- renewal. The City must approve all insurance coverage and endorsements prior to disbursement of Grant funds. Grantee shall notify City within two (2) business days of Grantee’s receipt of notice that any required insurance coverage will be terminated or Grantee’s decision to terminate any required insurance coverage for any reason. 10. Nondiscrimination. Nondiscrimination and Equal Pay. Grantee agrees that all hiring by Grantee of persons performing this Grant Agreement shall be on the basis of merit and qualifications. Grantee will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Grantee 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 90 El Mercadito, 511 W. Mendenhall, Midtown TIF Assistance Grant Agreement, 2022 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. Grantee 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). Grantee 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. Grantee shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 11. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this 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 shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 12. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 13. 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. 14. No Assignment. Grantee may not subcontract or assign Grantee’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 91 El Mercadito, 511 W. Mendenhall, Midtown TIF Assistance Grant Agreement, 2022 15. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 16. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 17. 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. 18. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 19. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 20. Consent to Electronic Signatures. The Parties have consented to execute this instrument electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 92 El Mercadito, 511 W. Mendenhall, Midtown TIF Assistance Grant Agreement, 2022 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 El Mercadito By By Jeff Mihelich, City Manager Print Name: Print Title: APPROVED AS TO FORM: By: Greg Sullivan, Bozeman City Attorney 93 El Mercadito, 511 W. Mendenhall, Midtown TIF Assistance Grant Agreement, 2022 EXHIBIT A CITY OF BOZEMAN RESOLUTION 5087 94 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 the Blackwood Groves Phases 1 and 9 Major Subdivision Final Plat to divide a 119.45 acre parcel into 68 single-household residential lots, 6 multi-household residential lots, 5 park lots, 4 common open space lots, 5 restricted development lots needing further subdivision review, and associated roads and public infrastructure. MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve the Blackwood Groves Phase 1 and 9 Major 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 Blackwood Grove Major Subdivision Preliminary Plat Findings of Fact and Order (FOF) was approved by the City Commission on May 25, 2021 and the FOF was signed on June 22, 2021. Attached is a copy of the Findings of Fact and Order. The entire Blackwood Groves Preliminary Plat covers 119.46 acres of undeveloped land to be divided into 67 single-household lots, 6 multi- household lots, 5 park lots, 4 common open space lots, 5 restricted development lots needing further subdivision review, and associated roads and public infrastructure. The buildable area included within this Phase 1 and 9 Final Plat is 36.5 acres with another 0.45 acre devoted to S. 19th Avenue ROW. There are 67 single-household lots, 6 multi-household lots, 4 open space lots, 5 park lots and 5 restricted-development lots within this Phase 1 and 9 Final Plat. The 5 restricted lots account for 82.5 acres of the 119.46 acre parcel. Pursuant to Bozeman Municipal Code (BMC) Section 38.240.160.A.3, Final Plat 95 applications for the remaining restricted lots would be submitted by the development within 3 years of the date of the signing of the Preliminary Plat Findings of Fact and Order (FOF), which was March 22, 2021. The land is zoned REMU, Residential Emphasis Mixed Use District. According to the approved Master Site Plan for this development (Project No. 20292), future development of the 5 restricted lots would include 4 additional open space lots, 11 additional City park lots, 3 commercial lots, 8 additional multi- household lots, 22 townhouse/rowhouse lots, 60 additional single-household lots, roads and a 6.43 acre wetland along the eastern portion of the property. This Phase 1 and 9 Final Plat requires an Improvements Agreement (IA) and Financial Surety to repair a previously constructed roundabout located at South 11th Avenue and Cambridge Drive; street lighting; park improvements; open space improvements; sidewalk improvements; and water, sanitary sewer and storm water improvements. A financial surety Letter of Credit in the amount of $2,117,537.89 from First Security Bank has been provided by the developer. Therefore, this Phase 1 and 9 Final Plat submittal meets/satisfies all conditions of approval and code provisions of the Preliminary Plat as well as the standards of MCA Sections 76-3-611(1) and 76-3-612 as certified by the City Attorney. UNRESOLVED ISSUES:None ALTERNATIVES:None suggested FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Attachments: 001 Final Plat Map_Sheet 1_Certificates.pdf 002 Final Plat Map_Sheet 2_Overall.pdf 003 Final Plat Map_Sheet 3_NW Quarter.pdf 004 Final Plat Map_Sheet 4_NE Quarter.pdf 005 Final Plat Map_Sheet 5_Conditions of Approval and Notes.pdf 20447- Findings of Fact - Blackwood Groves PP.pdf 22058 Blackwood Groves Ph 1 & 9 FP Commission memo.pdf Report compiled on: August 15, 2022 96 97 98 99 100 PHASES 1 & 9 LOTSBLOCKOPEN SPACE (SF)PARK SPACE (SF)LOTS (SF)TOTAL (SF)145,633211,275256,90825,30036,49741,79736,00033,00039,00045,43547,00052,435562,55862,558PARK 448,44148,44164,80057,60062,400757,28057,280835,113104,870139,9831020,55187,480108,0311112,17286,99499,1661339,906130,612170,518PHASES 1 & 9 R.O.W.453,581SOUTH 19TH AVER.O.W19,963REMAINDER LOTSR1733,435R21,286,379R3782,424R4453,797R5335,689TOTALS:96,974126,377915,1665,203,785BLACKWOOD GROVES SUBDIVISION - MASTER PARKLAND TRACKING TABLEPreliminary PlatPhase 1Net Residential Land Area (Acres)64.2013.36Required Parkland up to 8 DU/AC (Acres)1, 212.862.89Provided Parkland - Improved - Gross (Acres)18.342.90Provided Parkland - Improved - Qualifying (Acres)10.882.22Balance Acreage Owed (Acres)1.980.67Unimproved Parkland Provided this Plat for Future Phases (Acres)3 -8.80Cash- or Improvements-in-Lieu Owed: 8 - 12 DU/AC (Acres)5.150.59Total Cash- or Improvements-in-Lieu Owed (Acres)7.131.26Parkland Appraisal Value ($ per SF) $ 1.72 $ 2.07Cash- or Improvements-in-Lieu Owed $ 534,137.95 $ 113,775.50Value of Required Baseline Park Improvements $ 1,666,495.00 $ 415,395.19Value of Additional Park Improvements-in-Lieu $ 790,736.00 $ 153,702.50Value of Unimproved Parkland Provided this Plat for Future Phases - $ 793,606.18Surplus Land and Improvements-in-Lieu Value $ 256,601.00 $ 833,533.18 Surplus Land and Improvements-in-Lieu Equivalent Area (Acres)3.429.24101 Page 1 of 38 20447, Findings of Fact for the Blackwood Groves Major Subdivision Public Hearing Date: Planning Board May 17, 2021 at 6:00 via WebEx. Public hearing reopened June 7, 2021 at 6:00pm via WebEx. A WebEx link will be provided with the Planning Board agenda. City Commission, May 25, 2021 at 6:00 pm via WebEx. Public hearing reopened June 8, 2021 at 6:00pm via WebEx. A WebEx link will be provided with the City Commission agenda. Project Description: Preliminary plat to create a major subdivision for a mixed use community that includes 127 single household residential lots, 14 multi-household residential lots, 22 townhouse/rowhouse lots, 3 commercial lots, 8 common open space lots, and 16 City Park lots on 119.45 acres. The property is zoned REMU. Project Location: South of Alder Creek Drive, East of South 19th Avenue, West of Hidden Springs Lake. RW Sec 24 & N2N2NW4 Sec 25, RW Sec 24 & N2N2NW4 Sec 25, City of Bozeman, Gallatin County, MT. Recommendation: The application conforms to standards and is sufficient for approval with conditions and code provisions. Planning Board 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 20447 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Commission Recommended Motion 1 (Park Master Plan): 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 20292 and 20447 related to the Blackwood Groves Park Master Plan and move to approve the Park Master Plan with conditions and subject to all applicable code provisions. Commission Recommend Motion 2 (Preliminary Plat): 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 20447 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: May 26, 2021 Staff Contact: Sarah Rosenberg, Associate Planner Lance Lehigh, Project Engineer Addi Jadin, Parks Planning and Development Manager Agenda Item Type: Action (Quasi-judicial) DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 102 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 2 of 38 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 south side of Bozeman. The 119.45 acre property is located to the south and west of South 11th Avenue and to the east of South 19th Avenue. Sacajawea Middle School comprises most of the eastern boundary. The application proposes the subdivision into 190 lots; 127 single household residential lots, 14 multi-household lots, 22 townhouse/rowhouse lots, 3 commercial lots, 8 common open space lots, and 16 City Park lots. The subject property was annexed to the City on June 15, 2020 and initial zoning was adopted on June 15, 2020 as Residential Emphasis Mixed Use (REMU). A staff report for the Master Site Plan application no. 20292, as required by REMU zoning, has been forwarded to the Director of Community Development for approval on May 17, 2021. The property is currently unoccupied and has been historically used for agriculture. There are multiple watercourses present on the property, running north-south, with associated wetlands. Blackwood Groves is set to be a mixed-use community that will include a variety of housing types, a mixed-use town center, and a series of parks, plazas, and natural open spaces and trails developed over nine phases. There town center area of the site located in the center of the development. Commercial uses cannot exceed 30% of the total gross building square footage within the REMU zone district. The purpose of the REMU zone district is to establish an area that is mixed-use in character and provide options for a variety of housing, employment, retail, and neighborhood service opportunities. All developable lots within this subdivision will require further development review and public notice prior to building permit issuance. The subdivision proposes 10.86 acres of unrestricted/qualifying parkland over 16 park lots and an additional 7.48 of non-qualifying land within the parks if accepted by City Commission (storm water facilities, access easements, watercourse and setback areas). In-lieu of 2 acres of required parkland, the proposal includes improvements equivalent to 5.42 acres and the developer proposes to provide the improvements-in-lieu that would be required for future lot development as the subdivision phases are constructed. The parkland is primarily organized around a few key features: the extension of the Gallagator Trail along its planned route which coincides with a watercourse for the length of the subdivision, a mature tree grove along an irrigation ditch that also runs north-south, and the desire to disperse activated parkland throughout the subdivision via a linear park system. The Recreation and Parks Advisory Board DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 103 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 3 of 38 (RPAB) Subdivision Review Committee recommended approval of the subdivision and the parks master plan for the development with recommended conditions of approval on April 23, 2021 (per RPAB bylaws, the park master plan was not reviewed by the larger board). The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 80 working days of the date it was deemed adequate. The Development Review Committee (DRC) deemed the application adequate for continued review on April 29, 2021. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by August 19, 2021, unless there is a written extension from the developer, not to exceed one year. Planning Board The Planning Board held a public hearing on June 7, 2021. After consideration of the application, staff analysis, and presentations the Planning Board recommended approval of the subdivision on a vote of 5-0. City Commission The City Commission held a public hearing on June 8, 2021. One public comment was made in regards to the bicycle lane along 19th and the sidewalk. After consideration of the application, staff analysis, and presentations the City Commission approved the subdivision variance and the amended plat of the subdivision on a vote of 5-0. The recording of the meeting is available at https://bozeman.granicus.com/player/clip/98?view_id=1&redirect=true DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 104 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 4 of 38 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 SECTION 1 - MAP SERIES .......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ............................................................................... 11 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 11 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 15 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 22 SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 22 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. .................... 22 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 24 Preliminary Plat Supplements ........................................................................................... 28 SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 33 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 35 APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 36 APPENDIX C – PROJECT BACKGROUND ............................................................................. 37 APPENDIX D - OWNER INFORMATION ................................................................................ 37 ATTACHMENTS ......................................................................................................................... 37 DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 105 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 5 of 38 SECTION 1 - MAP SERIES Figure 1. Zoning classification DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 106 Page 6 of 38 Figure 2. Preliminary Plat DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 107 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 7 of 38 Figure 3. Wetland Exhibit DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 108 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 8 of 38 Figure 4. Land Use Plan DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 109 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 9 of 38 Figure 5. Conceptual Plan DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 110 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 10 of 38 Figure 6. Pedestrian Circulation DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 111 Page 11 of 38 SECTION 2 – REQUESTED VARIANCES There are no variances requested with this subdivision 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 the preliminary plat application. Staff has considered the impacts as identified in the staff analysis and application materials and these conditions of approval are reasonably related and roughly proportionate to the development. 1. BMC 38.220.070. 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. 2. BMC 38.220.070.A.7. 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. 3. BMC 38.240.150.A.3. 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. 4. BMC 38.410.060.A. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 5. BMC 38.240.410. 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. 6. In order to disclose to future purchasers their obligations regarding open space established in the municipal code the following language shall be included on the Conditions of Approval Sheet of the final plat: DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 112 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 12 of 38 “As established by 38.220.320.A, 38.340.150.A.3.d, and other applicable elements of the municipal code, ownership of all common open space areas and trails, 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 shall include, in addition to the common open space and trails, all vegetative ground cover, 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 trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be 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 of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within Blackwood Groves subdivision. The City may release the Blackwood Groves Property Owners’ Association from the obligation to maintain parks dedicated to the City at the City’s discretion.” 7. BMC 38.220.020.A. 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. 8. BMC 38.240.530. 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. 9. BMC 38.240.150.A. 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. 10. The applicant must add a note to the conditions of approval sheet of the plat that all stormwater infrastructure located outside of the public right-of-way must be maintained by the property owners’ association (POA). 11. The applicant must include a note on the conditions of approval sheet of the final plat that states that maintenance of all stormwater facilities, including stormwater facilities within the park parcels, is the responsibility of the property owners’ association (POA). 12. With final covenants, provide a one page exhibit of lots 1-6 of block 28 as identified on the preliminary plat, page 7 identified by legal description that includes setback DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 113 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 13 of 38 requirements, watercourse setback zones, building area, and landscape/watercourse setback planting requirements. 13. BMC 38.410.100. No accessory structures, patios, or recreational equipment (i.e. swingset, trampoline. etc.) can be located within the watercourse setback. This language should be included in the Final Design Manual and Covenants. 14. BMC 38.410.060. No landscaping (such as trees or bushes) beyond groundcovers or fencing can be installed within an access or utility easement granted to the City of Bozeman without written consent of the City of Bozeman. With final covenants, include a statement that says that no landscaping (such as trees or bushes) or fencing can be installed within the utility or access easement. 15. BMC 38.220.070 - The final plat must contain the following notation on the Conditions of Approval sheet prior to Final Plat Approval: a. BMC 38.220.320.A. The responsibility of maintenance for the stormwater facilities including those in public parks, stormwater open space lots, pedestrian open space lots and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and stormwater facilities and all open space landscaping. b. BMC 38.410.060.C. All stormwater facilities not on property dedicated to the City of Bozeman require public utility easement for storm water facility maintenance. Due to known high groundwater conditions in the area no basements will be permitted with future development of the site. c. No crawl spaces 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. d. A median is the portion of the roadway separating opposing directions of the roadway, or local lanes from through travel lanes. All medians within the DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 114 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 14 of 38 subdivision are to be maintained by the property owners association. A separate City approved maintenance agreement must be recorded with the Clerk and County recorder and incorporated into the subdivisions Covenants, Conditions & Restrictions. e. The back-in angled parking is to be maintained by the property owners association which includes snow removal, pavement maintenance, and all other maintenance functions of the back-in angled parking spaces. f. Although an easement or parkland dedication is required at the time of final plat, the Parks and Recreation Department does not assume maintenance responsibility for parkland and improvements until after Final Plat and until the park meets requirements of 38.420.080 and the approved park master plan, all conditions of approval for the subdivision or park master plan are completed, and written acknowledgement of final acceptance has been provided by the City. g. Every owner of land fronting or abutting on a paved sidewalk or other path within a park and connected to said sidewalk or path via a pedestrian pathway shall remove and clear away, or cause to be removed and cleared away, any snow and ice from that portion of the sidewalk in front of or abutting the building or lot of land within 24 hours. However, in the event the superintendent of parks determines the snow and ice on a sidewalk cannot be reasonably removed, the superintendent may require the use of sand or other suitable substance to make pedestrian travel reasonably safe. In that event, however, the sidewalk will be thoroughly cleaned as soon as the weather permits. 16. The applicant must file the City approved maintenance agreement with the County Clerk and Recorder, have a note added to the Conditions of Approval Sheet that identifies the maintenance requirements and responsibilities of the back-in angled parking spaces, and include the agreement in the subdivisions Covenants, Conditions & Restrictions prior to Final Plat Approval. 17. A 1 foot no access strip shall be placed along all lots fronting on South 19th Street. 18. A 1 foot no access strip shall be placed along all lots fronting on South 11th Street. 19. A 1 foot no access strip shall be placed along all lots fronting on Blackwood Road. 20. BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been provided with Final Plat, then water rights or cash-in-lieu must be provided with any future site plan development or applicable development application. 21. BMC 38.410.060.B. The applicant is advised where lots have a store front block frontage designation the applicant must demonstrate alternative means to supply dry utilities and easements through and within such lots prior to Final Plat Approval. DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 115 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 15 of 38 22. BMC 38.410.060.D. A ditch maintenance agreement with the Middle Creek Ditch Company (MCDC) must be provided prior to Final Plat Approval of the first phase of the development. The agreement must describe the necessary easement width for maintenance of the ditch. The applicant is advised that if the MCDC and the applicant cannot agree an easement width, a 10 foot wide standard ditch maintenance easement would be required. The applicant is advised that if an agreement cannot be reached with MCDC the configuration and layout of the proposed subdivision could change and can proceed at their own risk. 23. The project falls in the “Meadow Creek signal, water, and sewer Payback” area. The applicant must pay the payback fees prior Final Plat Approval. 24. A road connection to South 19th Avenue must occur with the first phase of the development prior to Final Plat Approval. 25. BMC 38.400.010 - South 11th and Blackwood Road must be constructed to a collector standard according to the City’s Transportation Master Plan (TMP). Left turn lanes must be provided for all intersections deemed necessary by City Engineering in Blackwood Road and South 11th Avenue prior to Final Plat Approval. The turn lane must be included within the infrastructure submittal plan set. 26. A maintenance access easement from the City is required for developer/POA access to stormwater features within park lots prior to Final Plat approval. Prepare easement documents that include the area of access for stormwater feature maintenance. 27. Easements for trails within open space parcels must include agreement to utilize city-wide wayfinding and allow parks staff to install and/or repair wayfinding. 28. Covenants must clarify whether snow and ice removal from park sidewalks is the responsibility of the POA or adjacent property owner. 29. A preconstruction meeting with the Park Division is required prior to any site work. Applicants must provide final park plans with all improvements proposed along with preconstruction meeting request at least 30 days prior to planned commencement of parkland construction. 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. The final plat must 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 DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 116 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 16 of 38 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. 2. BMC 38.100.080.A. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. 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. 4. 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. 5. BMC 38.400.090. Street easements must be provided for all streets identified in the underling Master Site Plan must be provided prior to each subsequent phase 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. 6. 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 DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 117 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 17 of 38 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. 7. BMC 38.270.030, Completion of Improvements. If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 8. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements. 9. BMC 38.240.520 requires a certificate of completion of non-public improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements. 10. 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. 11. 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. 12. BMC 38.220.020 & 38.610.050 - Approved stream and wetland permits shall be provided prior to public infrastructure approval for public infrastructure impacts to jurisdictional wetland and streams. Permits shall be provided prior to Final Plat Approval. 13. BMC 38.410.070 – The 2015 Water Facility Plan requires the extension of a new 12 inch water main (CIP Number: FP_1347) to the southwest corner of the subject property along S DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 118 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 18 of 38 19th Ave. The identified 12 inch main must extended through subject property and connect to the existing 16 inch water main in Blackwood Road prior to Final Plat Approval. The main may follow the proposed water main alignment along Street E and Avenue A and must be included within the infrastructure submittal plan set. 14. BMC 38.410.040. Provide design sections for mid-block pedestrian crossings through park 14, open space D, park 5, park 3, and open space B with the final plat. These crossings require 1 tree for every 50 feet per 38.550.050.D. 15. BMC 38.410.130 - Compliance with BMC 38.410.130 shall be met prior to Final Plat approval. The applicant must contact Griffin Nielsen with the City of Bozeman Engineering Department for any cash in lieu of water rights determination. 16. BMC 38.600.180. A No-Rise analysis and floodway encroachment analysis must be provided for Blackwood Road and Cambridge Drive to ensure protection of life and property from flood impacts prior to final plat. 17. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping. The landscaping identified in the watercourse planting plan must be installed or financially guaranteed prior to final plat approval. 18. BMC 38.220.020, The developer must provide the community development department with a copy of all required streambed, streambank or wetlands permits, or written notification from the appropriate agency that a permit is not required, prior to the commencement of any work on the site and/or final plat approval, whichever is sooner. 19. BMC 38.240.050, Disposition of Water Rights. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Works, is due with the filing of each subdivision final plat. 20. BMC 38.240.420, Mortgagee. If there are liens or mortgages against the property, the appropriate Mortgagee certificate must be included. 21. BMC 38.410.060. A 10-foot utility easement located within the front yard setbacks along Blocks 8, 20 and 22 will need to be shown on the final plat. An 8-foot sidewalk will need to be designed within the access easement along blocks 8, 20, and 22 to meet ASHTO standards. 22. BMC 38.410.060. Remove the pond on block 22 from the access easement with the final plat. 23. BMC 38.410.060. With the final plat, include a 10 foot utility easement along the north side of block 8 adjacent to the proposed sidewalk. 24. 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 DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 119 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 19 of 38 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. 25. BMC 38.410.120, If mail delivery will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. If cluster boxes are use a dedicated area to pull up and access the boxes must be provided. 26. BMC 38.420.020.D. To ensure coordination when parks are being created by a multiphase development, the entire parkland dedication must be accomplished at the time of the initial phase of the development. If necessary, this may be accomplished through the grant of public access easements during later phases. 27. BMC 38.420.030.D. Where a cash (or improvement) donation has been accepted in-lieu of land dedication, the amount must be stated on the final plat. 28. BMC 38.420.080.B. The park boundary bordering all private lots must be delineated at the common private/public corner pins, with flat, flexible fiberglass posts, a minimum of six feet in length with no less than two feet driven into the ground. Each post must be labeled with a permanent glued on sign stating "Park Boundary" or "Property Boundary." Other forms of boundary marking may be approved by the planning or other appropriate department. 29. BMC 38.420.080.D. Stormwater detention/retention ponds. Stormwater retention or detention ponds may be located within public parkland, but such areas do not count towards the parkland dedication requirement. Any stormwater ponds located on parkland must be designed, constructed and/or added to so as to be conducive to the normal use and maintenance of the park. Stormwater retention or detention ponds must be maintained by the property owners' association. 30. 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 or must be financially guaranteed. 31. BMC 38.400.110.B.1, Transportation Pathways. Developers must install transportation pathways, to provide adequate multimodal transportation facilities within the development, as part of the required development improvements. Transportation pathways must be Americans with Disabilities Act (ADA) accessible, and include the following types of facilities: a. Sidewalks (also see division 38.510 for sidewalk standards, depending on the applicable block frontage designation); DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 120 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 20 of 38 b. On-street bike lanes and bike routes; c. Boulevard trails; and d. Class I trails; 32. With the exception of trail corridors within required watercourse setbacks, corridors for Class I trails must be dedicated to the city. The dedicated trail corridor must be at least 25 feet in width to ensure adequate room for the construction, maintenance and use of the trail. Transportation trail corridors cannot be used to satisfy parkland dedication requirements; and a. Pathways that connect community or neighborhood commercial nodes by a reasonably direct route; or b. Pathways that connect major residential, employment, educational, or other service nodes by a reasonably direct route. 33. BMC 38.410.060, Utility easements shall be provided in accordance with the UDC. The required 10-foot front yard easement is required for all lots unless written confirmation is submitted with the preliminary plat from ALL utility companies providing service indicating that front yard easements are not needed. 34. BMC 38.410.080.D, Grading and Drainage. Proposed storm water facilities must be constructed and contained on an individual lot as a common area(s) or parkland owned by the City and maintained by the property owners’ association and noted accordingly in the protective covenants. 35. BMC 38.220.320, Covenants. Covenants, restrictions, and articles of incorporation for the creation of a property owners’ association shall be submitted with the final plat application for review and approval by the Department of Community Development and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations, 9) noxious weed control, and 10) assessment of existing and future Special Improvement Districts. These documents shall be submitted to the city attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 121 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 21 of 38 working days prior to submitting a final plat application. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. 36. BMC 38.410.080.H, Landscape Amenities. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered with live vegetation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional yet, natural site feature. 37. BMC 38.410.060 - All easements must be provided using the City standard language and the applicant must provide an owner executed original easement to the City prior to Final Plat approval. The following easements have been identified in the application: a. Sewer and Water pipeline access easement for the mains intended to service the development. b. Public access easement(s) for onsite trail/open space and midblock crossing for open space D open space B c. In preparing signature blocks on any upcoming documents, please make the following changes: Jeff Mihelich, City Manager; Mike Maas, City Clerk; If a new member is established, the easement documents must be updated. 38. BMC 38.410.060.D.6. A notice must be recorded with a final plat approval stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a final plat but may be referenced on a final plat. 39. 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 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 DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 122 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 22 of 38 SECTION 5 - RECOMMENDATIONS AND FUTURE 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 April 28, 2021. The Recreation and Parks Advisory Board Subdivision Review Committee reviewed and recommended approval of the proposed subdivision and parks master plan as outlined in the application and with the conditions and code provisions in this report on April 23, 2021. Public hearing date for the Planning Board is on May 17, 2021 at 6:00pm. The reopened public hearing for Planning Board is scheduled for June 7, 2021. The hearing will be held via WebEx with a WebEx link provided with the Planning Board agenda. Public hearing date for the City Commission is May 25, 2021 at 6:00 PM. The reopened public hearing for City Commission is scheduled for June 8, 2021.The hearing will be held via WebEx with a WebEx link provided with the City Commission Agenda. As noted in Section 6, the City Commission approved the application. 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 outlined in code provision number 1, the final plat must comply with State statute, Administrative the Montana, Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the Bozeman Municipal Code. DATED this _____ day of _______ 20___ _______________________ Signature City of Bozeman Director of Parks and Recreation DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 123 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 23 of 38 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 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 January 8, 2021 and was deemed inadequate for further review on February 11, 2021. Revised application materials were received on March 31, 2021. The City deemed the application adequate for review on April 29, 2021. Public hearings are scheduled for May 17 and May 25, 2021. 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 more than 50 lots must be made within 80 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 August 19, 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 May 13, 2021 this 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. DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 124 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 24 of 38 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 4 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 5, 21, 23 and 33 state that utility easements need to be provided along front yards and are to be granted with the final plat in accordance with standards. Access must be provided to all sanitary sewer lines and manholes 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. Local streets are identified as Street A, Street B, Street C, Street D, Street E, Avenue A, Avenue B, Avenue C, South 15th Avenue, and Spring Creek Drive. South 11th Avenue and Blackwood Road are identified as Collector streets. The proposed lots either have frontage to a public street or onto a linear park with alley access. Physical access to each lot is proposed via public streets and/or a public access and utility easement. 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 Mixed Use according to the City of Bozeman Community Plan. The area is zoned for residential mixed use high density development. The property has been producing alfalfa and will continue to farm alfalfa as the phases are developed. Farming operations will cease at full build-out of the project which will ultimately result in the loss of approximately 100-acres of alfalfa cultivation within this area. 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities. All agricultural water user facilities on and adjacent to the project will be protected. The property contains five waterways, all which are irrigation ditch laterals of the Middle Creek Ditch Company. A ditch maintenance agreement is required to be provided prior to final plat to describe the necessary easement width for maintenance of the ditch as outlined in condition of approval number 27. Wetlands exist adjacent to the watercourses and are preliminarily determined to be non-jurisdictional as outlined in Appendix O, Watercourse Summary Memo from the U.S. Army Corps. DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 125 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 25 of 38 3) The effect on Local services Water/Sewer – Water capacity exists to serve the subdivision. The subdivider proposes to extend water and sewer mains within all local and collector streets within the subdivision. Code provision 8 requires a city standard sewer easement where the sewer system is located. 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 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. Water rights exist for the subject property, the applicant proposes to transfer to City ownership existing water rights as outlined in code provision 6. 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 layout utilizes South 19th Avenue (arterial), Blackwood Road (future collector), and South 11th Avenue (collector) to provide primary site connectivity. Condition of approval 24 requires a connection to 19th Avenue with the first phase. Other internal local streets provide access to all lots. 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 5 details this requirement. Most streets are proposed to be constructed to city standards and the City accepts maintenance for all streets with the exception of Street B in between S. 11th Avenue and South 15th Avenue (where back in angled parking exists) which will be maintained by the POA as outlined in condition of approval 15e. 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. The responsibility of the stormwater facilities is the responsibility of the Property Owners Association (POA) as outlined in condition of approval 10 and 11. Inspection of installed facilities prior to final plat will verify that standards have been met. 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 park master plan is comprised of 16 dedicated parks (4 neighborhood parks and 12 linear parks) which total 18.34 acres of parkland (10.86 unrestricted, 6.70 acres within wetlands areas and the zone 1 and 2 watercourse setback areas, 0.77 acres utilized by storm water storage ponds and access easements). The unrestricted/qualifying parkland is 10.86 acres, which is 2 acres short of the parkland requirement of 12.86 acres. To make up for the 2-acre deficit, the applicant proposes improvements-in-lieu of 5.42 acres. See Appendix E for parks-related tracking tables DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 126 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 26 of 38 and preliminary park site plans to be finally reviewed prior to preconstruction meetings as outlined in conditions 26, 27, 28, and 29. Parks 1 and 2 are located on the eastern side of the Blackwood Groves development and are considered neighborhood parks. Both were approved for a reduction in frontage requirements due to their watercourse adjacent features and due to the large lot on the adjacent school district property to the east. Parks 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, and 16 are considered linear parks that tie together the trail network through the development. Parks 9 and 10 are neighborhood parks that are located on the western side of the property and have included sidewalks around the perimeter to mitigate for frontage reduction. Approval of the Park Master Plan includes approval of the watercourse setbacks and storm water facilities within the design of the larger park area as this land will provide valuable trail connections, unobstructed frontage for the parks, and attractive trail and park side features; however, the land cannot be counted toward the required parkland amount. The stormwater facilities shall remain the long-term maintenance responsibility of the Property Owners Association. Within these parks and open space consists of a trail network that connects streets, sidewalks, trails, green spaces, and parks. There are two primary trail corridors that run north-south along the watercourse on the eastern boundary. These trails connect to the extension of the existing Alder Creek trails and the Gallagator trail to the north, both which are identified on the PROST Plan Trail Map. The east-west connection includes 25’ wide corridors in the linear parks. The Subdivision Review Committee of the Recreation and Parks Advisory Board reviewed the proposal on April 23, 2021 and recommended approval of the parks plan (per RPAB bylaws, the park master plan was not reviewed by the larger board) with conditions of approval and code corrections. Individual park site plans will be completed and approved with the final plat or prior to preconstruction meeting if an improvements agreement will be utilized. 4) The effect on the Natural environment No significant negative impacts to the natural environment have been identified. Where intact wetlands and watercourses are present, setbacks have been delineated and identified pursuant to BMC 38.410.100. There is an existing tree grove being preserved and incorporated into Park 3. There is an existing wetland that runs near the eastern border of the site. Condition 7 requires appropriate permitting from the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers when there is any disturbance of wetlands on site. 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 16b 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 DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 127 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 27 of 38 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 along the eastern boundary within the park and open space areas where no infrastructure or buildings are proposed. As stated above, where fill impacts wetlands or watercourses mitigation is required with local, state, and federal permitting. A No-Rise analysis and floodway encroachment analysis will be provided for Blackwood Road and Cambridge Drive to ensure protection of life and property from flood impacts as outlined in code provision 16. Watercourse setback planting along all watercourses. 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. Code provision #12 states that a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping and that is must be installed or financially guaranteed prior to final plat approval. Lots 1-6 of block 28 are residential lots that contain a watercourse setback and conditions of approval 12 and 13 relate to the allowable buildable area, restrictions on the lots, and watercourse setback zones. 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. A letter from Mike Duncan, Fisheries Biologist with State of Montana Fish Wildlife and Parks states that “the proposed Blackwood development should [be to] ensure that the completed subdivision poses no direct or persistent environment threat to the local watershed.” Mr. Duncan provided suggestions related to stormwater management systems to prevent runoff into the ditches. 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 DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 128 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 28 of 38 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. All infrastructure will meet City standards and the improvements to the watercourses will not impact the current floodplains on the project site nor will they increase flood risk on the property or surrounding properties. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on December 8, 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 The property contains five watercourses that are all considered laterals of the Middle Creek Ditch Company. Detailed information on these watercourses and their associated wetlands is included in the Wetland Delineation Summary and supporting wetland documents can be found in Appendix O. Three of the watercourses (west, north, south) are man-made irrigation ditches that do not have to adhere to the watercourse setback. The middle watercourse (Alder Creek) is a natural drainage channel that does have to adhere to the watercourse setback. The fifth watercourse (east) is a man-made irrigation ditch but forms a seep on the property to the south which does not appear to be man-made so it must adhere to the watercourse setback. 38.220.060.A.2 Floodplains The new Flood Insurance Rate Maps for Bozeman Creek delineates floodplain and floodway boundaries on the eastern property along Figgins Creek. Cambridge Drive and Blackwood Road will contain culvert crossings along the portion of Figgins Creek. These culvert crossings contain FEMA jurisdictional floodway (Zone A, Zone AE). A No-Rise Certification Report (Appendix Y) documents that the proposed crossings will result in a 0.00-ft rise in the 100 year water surface elevation (WSEL) and floodway WSEL. 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 (Appendix V) includes an analysis of the groundwater encountered on site. Groundwater was encountered at the bottom of each of the exploratory excavations. Groundwater monitoring has been performed by C&H Engineering and Surveying during the 2019 and 2020 seasonal high groundwater seasons. Groundwater monitoring results are provided in the Groundwater DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 129 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 29 of 38 Investigation Report. Results from the groundwater monitoring indicate that the seasonally high groundwater elevations across the subject property vary from .60 feet to 3.29 feet below ground surface. The highest groundwater levels were encountered near the north and eastern property boundaries. The infrastructure plans for this development will account for the high groundwater conditions on site. All streets will be constructed above existing grade to ensure all stormwater ponds are installed above SHGWL. Dewatering for utility installations and foundation construction is expected and will be accounted for in any construction permits. Basement foundations are not recommended within this subdivision – a note is included on the plat. Crawl space foundations may be utilized in areas of the subdivision where the groundwater levels are the deepest or in areas where the final grade elevations are built above existing conditions. Condition of approval 15 and code provision 4 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. 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 silty clay organic soil of low plasticity with depths ranging from 1.0 to 2.0 feet below ground surface. The second soil horizon encountered was lean clay with sand with depths varying from 2.0 to 6.3 feet below ground surface. The third soil horizon was a poorly graded gravel with sand and cobbles (“pit run” gravel) and varied in depth from 3.6 to 8.4 below ground surface. Based on the subsurface investigation, the excavation for any structure must be observed by a licensed geotechnical engineer to verify that the proper foundation subgrade material has been reached prior to the forming or casting of any foundation elements or placement and compaction of any required structural fill. 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 There are no major vegetation types or critical plant species present on this site. The vast majority of the property is vegetated with alfalfa which has been cultivated on the property for many years. Wetland vegetation exists along the watercourse/irrigation ditches throughout the property. The Wetland delineation Summary and supporting wetland documents is included in Appendix O of this application. There is an existing stand of mature Cottonwood, Aspen, and Willow trees/bushes located in the north-center portion of the site. This stand of mature trees will be preserved and is incorporated within the Park #3 area. See additional comments above under primary review criteria. DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 130 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 30 of 38 38.220.060.A.6 Wildlife This subdivision will not significantly impact wildlife with conditions and code provisions. An impact letter with the subdivision information was sent to the Montana Fish, Wildlife and Parks. Julie Cunningham and Mike Duncan of the MFW&P provided the following recommendations: reduce or mitigate sediment delivery, and to prevent discharges of petroleum products or other harmful substances into the nearby Middle Creek Ditch, no stormwater management systems convey runoff directly into the ditches within the proposed development without first having the opportunity for ground. These recommendations will be adhered to with the design and construction of all Subdivision stormwater facilities. MFW&P also commented that the “property is less than a mile from key elk winter range. Although within the City of Bozeman annexation, the continued urban sprawl to the south reduces the open space available to elk and results in higher damage complaints from local farmers.” 38.220.060.A.7 Historical Features There are no known historical features located within the property. The only existing structure on the property is an agricultural silo (metal) approximately 20 feet in diameter located near the southwest corner of the property. 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. Stormwater ponds are designed to be located above seasonal high groundwater level. 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. Erosion and siltation control will be exercised during construction by using appropriate best management practices as outlined in DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 131 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 31 of 38 “Montana Sediment and Erosion Control Manual”. See discussion above under primary review criteria. 38.220.060.A.13 Utilities This subdivision will not significantly impact utilities. Standard 10-ft front utility easements are provided across all lots. 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 A letter was sent to Todd Swinehart, P.E., Director of Facilities, Bozeman Public Schools. The proposed development will be in the Morning Star Elementary School, Sacajawea Middle School and Bozeman High School attendance areas. At this time, the schools can accommodate the proposed development, however, the elementary schools are nearing capacity. The bus systems can accommodate the estimated number of additional students. 38.220.060.A.15 Land Use The Blackwood Groves neighborhood is to be developed under the existing Residential Emphasis Mixed Use (REMU) zoning district. The site is larger than the five acres minimum specified in the UDC and is located adjacent to existing residential neighborhoods which will help sustain Blackwood Groves’ proposed commercial uses. The property is designated Residential Mixed Use on the current Future Land Use Map and the attributes of that designation further encourage neighborhoods sustainability and community interconnectivity. REMU zoning confers an expectation on future site development that the area will be mixed-use in character and provide options for a variety of housing, employment, retail, and neighborhood services. The neighborhood design of Blackwood Groves embodies this expectation. From the variety of housing options proposed to the Town Center area envisioned in the heart of the community providing employment and retail opportunities, this neighborhood strives to exceed the REMU intent expectations established in the UDC. While the walkable neighborhood will emphasize residential as the primary use, the inclusion of community scale retail and services supports the overall neighborhood design and experience. A diverse array of community scale commercial uses is envisioned for the Town Center area of the site, including retail, restaurants, offices, maker spaces, grocery, small-scale cinemas, and fitness facilities (not to exceed 30% of the total gross building square footage allowed within the REMU zoning standards). Residential uses will also be heavily integrated into the upper floors of the Town Center. The community has been designed to the complimented by vibrant, urban, and pedestrian oriented complete streets. The proposed street sections provide for safe and broad connections across and through the neighborhood, while the linkages enhance neighborhood’s sense of place and park experiences. The proposed off and on streets connection encourage pedestrian and bicycle travel, transit, on street parking, and include the physical elements of complete streets. DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 132 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 32 of 38 Natural spaces have been incorporated throughout the development to serve the community needs for both neighborhood residents and visitors alike. On-street parking is planned throughout the site with back-in angled parking proposed adjacent to the Town Center area. Shared access drives and alleys are proposed throughout the development to create a more vibrant public realm as well as reduce the need for additional curb cuts. Buildings are to be oriented to the streets and public spaces as is allowed in the BMC. Design standards that emphasize the sense of place and stipulate maintenance of the neighborhood facilities have been created and are included in the submittal, Appendix L.2. The community design intended for this community encourages thoughtful development while providing for flexibility for future phases of the development to respond to changing market conditions. The design standards and guidelines proposed for Blackwood Groves also include provisions that promote sustainable development. 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 four different areas within the development. Parks 3, 4, and 5 serve as three of the neighborhood centers while the town center plaza serves as the fourth. 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. Appendix B identifies the block frontage classifications within the 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. Detailed lighting calculations will be provided with the infrastructure plans for each applicable phase of the subdivision. A Special Improvement Lighting District (SILD) will be created prior to final plat application. Code provision 24 is related to this issue. 38.220.060.A.19 Miscellaneous This material was waived. No additional impacts or hazards are anticipated. 38.220.060.A.20 Affordable Housing We received communications from the City’s Legal Division that due to HB 259 related to inclusionary zoning that the City will not enforce the requirements for affordable housing cash in lieu as originally required during the preliminary plat and as reflected in the findings of fact. The affordable housing plan and plat notes related to affordable housing and cash in lieu have been removed from this application or will be eliminated prior to final plat. DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 133 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 33 of 38 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 3, 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 June 8, 2021 at which time the Department of Community Development Staff reviewed the project, submitted and summarized changes to the conditions of approval, and summarized the public comment submitted to the City prior to the public hearing. D. The applicant acknowledged understanding and agreement with the recommended conditions of approval, code provisions including the changes to the conditions of approval. E. The City Commission requested public comment at the public hearing on June 8, 2021 and one member of the public offered testimony on the subdivision as submitted. 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 Article 38.210, 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 2 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 subdivision shall be effective for three (3) 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 for a period of mutually agreed upon time. DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 134 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 34 of 38 DATED this 22nd day of June , 2021 BOZEMAN CITY COMMISSION _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ Mike Maas City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 135 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 35 of 38 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: 016DF94B-4431-4853-8AD3-A317CC3669F5 136 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 36 of 38 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. 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. 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 DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 137 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 37 of 38 by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet on May 1, 2021. Mailers were sent out for the reopening of the meeting on May 28, 2021. The site was posted with a notice on May 1, 2021 and reposted on May 28, 2021. A legal advertisement was published in the Bozeman Daily Chronicle on May 16 and 23, 2021 and republished on May 30 and June 6. Content of the notice contained all elements required by Article 38.220., BMC. Public comment has been received in regards to the residential lots on the northern property line and how the lots will back up to the lots within the Alder Creek Subdivision. Their concern is in regards to privacy between the lots and suggested to incorporate a greenway between the Alder Creek Drive houses and the Cambridge Drive houses situated along the fence line. APPENDIX C – PROJECT BACKGROUND Resolution 5177 was approved by the City Commission on June 15, 2020 annexing the subject property into the City. Ordinance 2052 adopting zoning of REMU was approved on June 15, 2020. A subdivision pre-application plan was reviewed by the Development Review Committee in November 2020. A staff report for the Master Site Plan Application no. 20292 has been forwarded to the Director of Community Development for approval. Section 38.310.060.B requires a master site plan or PUD review in all REMU zoning districts larger than 5-acres. The entitlement period for the master site plan is 5 years. APPENDIX D - OWNER INFORMATION Owner/Applicant: Blackwood Land Fund, LLC, 115 West Kagy Blvd, Suite L, Bozeman, MT 59715 Representatives: Matt Hauser, Bridger Land Group, 115 W. Kagy Blvd, Suite L, Bozeman, MT 59715 Report By: Sarah Rosenberg, AICP, 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 #20447, 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?id=229622&dbid=0&repo=BOZEMAN 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=20-447 DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 138 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 38 of 38 DocuSign Envelope ID: 016DF94B-4431-4853-8AD3-A317CC3669F5 139 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 Blackwood Groves Major Subdivision, Phases 1 and 9 and authorize the Director of Transportation and Engineering (Public Works) to execute the same on behalf of the City of Bozeman and authorize the Director of Community Development to execute the Improvements Agreement on behalf of the City of Bozeman; Application No. 22058. 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: September 13, 2022 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve the Final Plat for the Blackwood Groves Major Subdivision, Phases 1 and 9, and authorize the Director of Transportation and Engineering, signing as Director of Public Works, to execute the same on behalf of the City of Bozeman and authorize the Director of Community Development to execute the Improvements Agreement on behalf of the City of Bozeman. BACKGROUND: The Blackwood Land Fund LLC submitted the Final Plat application for the Blackwood Groves Major Subdivision, Phases 1 and 9 Final Plat to divide a 119.46 acre parcel into 67 single-household residential lots, 6 multi-household residential lots, 5 park lots, 4 common open space lots, 5 restricted development lots needing further subdivision review, and associated roads and public infrastructure. The buildable area included within this Phase 1 and 9 Final Plat is 36.5 acres with another 0.45 acre devoted to S. 19th Avenue right-of-way (ROW). The development-restricted lots account for the remaining 82.5 acres of the 119.46 acre parcel. Pursuant to Bozeman Municipal Code (BMC) Section 38.240.160.A.3, Final Plat applications for the remaining restricted lots would be submitted by the developer within 3 years of the date of the signing of the Preliminary Plat Findings of Fact and Order (FOF) which was approved by the City Commission on May 25, 2021 and was signed on June 22, 2021. According to the approved Master Site Plan for this development (Project No. 20292), future development of the 5 restricted lots would include 4 additional open space lots, 11 additional City park lots, 3 commercial lots, 8 additional multi-household lots, 22 townhouse/rowhouse lots, 60 additional single-household lots, roads and a 6.43-acre wetland along the eastern portion of the property. This Blackwood Groves Phase 1 and 9 Final Plat requires an Improvements Agreement (IA) and Financial Surety to complete the following public improvements: (1) repair of a previously constructed roundabout 140 located at South 11th Avenue and Cambridge Drive; (2) street lighting; (3) park improvements; (4) open space improvements; (5) sidewalk improvements; and (6) water, sanitary sewer and stormwater improvements. A financial surety Letter of Credit in the amount of $2,117,537.89 from First Security Bank has been provided by the developer for these improvements. Therefore, this Blackwood Groves Phase 1 and 9 Final Plat submittal meets/satisfies all conditions of approval and code provisions of the Preliminary Plat as well as the standards of MCA Sections 76-3-611(1) and 76-3-612, as certified by the City Attorney. The land is zoned REMU, Residential Emphasis Mixed Use District and is legally described in Document No. 2279831 as the south half of the southwest quarter of Section 24, and the north half of the north half of the northwest quarter of Section 25, all in Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, except that part conveyed to the State of Montana for highway right-of-way purposes for South 19th Avenue, State Project S 243 (1), by Bargain and Sale Deed, recorded in Book 144 of Deeds, Page 148. §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. (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. Staff’s finds that all terms and conditions of the preliminary plat approval have been met by the attached August 15, 2022 revisions. The signed FOF for the Preliminary Plat Application No. 20447 is attached. 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: August 17, 2022 141 Attachments: Final Plat Sheets 1 through 5 Findings of Fact and Order for the Preliminary Plat; Project 20447 142 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 the Annie Phase 4 Major Subdivision Final Plat MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve the Annie Phase 4 Major Subdivision 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 Annie Phase 4 Major Subdivision seeks to divide a 3.23 acre parcel into 20 lots consisting of 16 townhome lots, 2 multi-household lots, 1 single- household lot and 1 open space lot, along with associated road and public improvements. The property is zoned R-3, Residential, Medium Density District. On October 5, 2021, the City Commission conducted their review of the Preliminary Plat application for the Annie Phase 4 Major Subdivision and voted 5 to 0 to conditionally-approve the preliminary plat (PP). On November 16, 2021, the Commission, on consent agenda, voted to approve the Findings of Fact and Order for the approval of the Annie Phase 4 Major Subdivision PP with the recommended conditions and code provisions. On August 30, 2022, the Applicant submitted a revised Preliminary Plat application that met all the conditions, code provisions and State and local criteria for approval of a Final Plat. UNRESOLVED ISSUES:None ALTERNATIVES:None suggested 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. 143 Attachments: Revised Final Plat Sheet 1.pdf Revised Final Plat Sheet 2.pdf Revised Final Plat Sheet 3.pdf 22202 Annie Ph 4 FP staff report.docx 22202 Annie Ph 4 FP Commission Memo.docx Annie Ph 4 PP Findings of Fact Signed.pdf Report compiled on: August 29, 2022 144 ANNIE SUBDIVISION, PHASE 4VICINITY MAPWGMGROUPWWW.WGMGROUP.COMNOWNER/SUBDIVIDER145 LEGENDAREASBASIS OF BEARINGSANNIE SUBDIVISION, PHASE 4WGMGROUPWWW.WGMGROUP.COMNSITE ADDRESS146 ANNIE SUBDIVISION, PHASE 4WGMGROUPWWW.WGMGROUP.COM147 MEMORANDUM ---------------------------------------------------------------------------------------------------------- TO:TIM COOPER, ASSISTANT CITY ATTORNEY MIKE MAAS, CITY CLERK FROM:SUSANA MONTANA, SENIOR PLANNER RE:FINAL PLAT REVIEW FOR THE ANNIE SUBDIVISION, PHASE 4 MAJOR SUBDIVISION; PROJECT NO. 22202 DATE:August 29, 2022 ---------------------------------------------------------------------------------------------------------- The RH Durston LLC submitted a Final Plat application for the Annie Subdivision Phase 4 Major Subdivision to divide a 3.23 acre parcel into 20 lots consisting of 16 townhome lots, 2 multi- household lots, 1 single-household lot and 1 open space lot and an associated road and public infrastructure. The property is zoned R-3, Residential Medium Density. The Commission approved the Preliminary Plat Findings of Fact(FOF)on October 5, 2021 and the FOF was signed on November 16, 2021 and is attached to this Memo. This Phase 4 Final Plat requires an Improvements Agreement (IA) and Financial Surety to install public sidewalks. A financial surety in the amount of $ 48,840.00 was received in the form of a check from the developer. Therefore, 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 approvaland,as a result, find that the Annie Subdivision Phase 4Final Plat application may be approved by the City Commission. The Community Development staff respectfully requests that you prepare City Attorney's Certificates using the attached original Platting Certificates as updated; approve the Final Plat Certificates of Director of Public Works and Certificate of Completion "as to form".The final City signatures will be obtained once the City Commission approves the final plats. A completed application was submitted to the Community Development Department on August 29, 2022, it was deemed adequate on August 29, 2022. The final plat review must complete review within a 45working day review period. The review period begins once the application is complete and adequate for review. 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. Staff has determined that the conditions of approval of the Preliminary Plat have been met. The project is scheduled for consideration by the City Commission on September 13, 2022 in their consent calendar. We would like to upload into Granicus the materials for the consent agenda on August 30, 2022; please let me know if this will notwork for your schedule. Thank you. 148 Page 2 of 2 Attachments: Three (3) Mylar Final Plats Original Platting Certificate of Title (original signed) Property Owners’ Association documents Phase 3 recorded CC&Rs Phase 4 POA recorded Articles of Incorporation Phase 4 Amended CC&Rs (original signed) Improvements Agreement Noxious Weed MOU Recorded Waiver of SIDs Cash-in-lieu Water Rights calculation and paid receipt County Treasurer proof of payment Findings of Fact for the Preliminary Plat (Project 21201) c:File 149 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 Annie Phase 4 Major 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. 22202. 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:September 13, 2022 AGENDA ITEM TYPE:Consent. RECOMMENDATION: That the City Commission approve the Final Plat for the Annie Phase 4 Major 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:On June 2, 2021, the Community Development Department received a Preliminary Plat application to subdivide a 3.241-acre parcel into 20 townhouse lots, 2 multi- household lots, 1 single-household lot, and 1 open space lot. The Site had an existing house and shop that has been demolished. The Site is accessed from Rogers Way from N. 25th Avenue and is zoned R-3, Medium-density Residential District. On October 5, 2021, the Bozeman City Commission conducted their review of the Preliminary Plat application for the Annie Phase 4 Major Subdivision and voted 5-0 to conditionally-approve the preliminary plat. On November 16, 2021, the Commission, on consent agenda, voted to approve the Findings of Fact and Order for the approval of the Annie Phase 4 Major Subdivision Preliminary Plat with the recommended conditions and code provisions and on that date the Mayor signed the Findings of Fact and Order document. 150 §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 lots within the new subdivision. The improvements agreement guarantees the installation of sidewalks. The improvements agreement guarantees completion of these improvements within one year of the filing of the final plat. A check guarantee has been provided by the Applicant in the amount of forty-eight thousand, eight hundred and forty dollars ($48,840.00). 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: August 30, 2022 Attachments: Final Plat Preliminary Plat Findings of Fact and Order 151 21201 Findings of Fact for Annie Ph. 4 Major Subdivision Page 1 of 23 Bozeman City Commission Findings of Fact and Order for the Annie Ph. 4 Major Subdivision Preliminary Plat 21201 Public Hearing Date: Planning Board meeting was held Monday, September 20, 2021 at 6:00 pm. Link: https://bozeman.granicus.com/player/clip/152?view_id=1&redirect=true City Commission meeting was held Tuesday, October 5, 2021 at 6:00 pm via WebEx. Link: https://bozeman.granicus.com/player/clip/158?view_id=1&redirect=true Project Description: A major preliminary plat subdivision application of 3.241 acres that includes 16 townhouse lots, 2 multi-household lots, 1 single-household lot, and 1 open space lot. Project Location: The property is legally described as Lot 1 of Annie Subdivision Ph. 3C, Section 2, Township 2S, Range 5E. Recommendation: The application conforms to standards and is sufficient for 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 21201 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: November 2, 2021 Staff Contact: Jacob Miller, Associate Planner Karl Johnson, Project Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues. There are no unresolved issues with this application. Project Summary This report is based on the application materials submitted and any public comment received to date. The Department of Community Development received a Preliminary Plat Application on June 2, 2021 requesting to subdivide 3.241 acres to create 20 townhouse lots, 2 multi-household lots, 1 single-household lot and 1 open space lot. The site had an existing single-household lot and shop DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 152 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 2 of 23 that have been permitted to be demolished. The property will have access from the continuation of Rogers Way onto N. 25th Ave. The property is zoned R-3. On September 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 report. 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 September 2, 2021. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by November 10, 2021, unless there is a written extension from the developer, not to exceed one year. The public hearing date for the City Commission meeting was held Tuesday, October 5, 2021 at 6:00 pm via WebEx. The City Commission met to consider the application for a preliminary plat for the subdivision of 3.241 acres into 20 lots, including 16 townhouse lots, 2 multi-household lots, 1 single- household lot, and 1 open space lot. There were no public comments at the hearing. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comment, and all the information presented, they made individual findings and voted 5:0 to approve the motion to approve the application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code. Therefore, the application was approved with conditions and applicable code provisions outlined in these findings. 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 October 5, 2021: https://www.bozeman.net/government/city-commission/city-commission-video 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 DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 153 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 3 of 23 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. TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues. .............................................................................................................. 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 – MAP SERIES .......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ................................................................................. 9 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9 SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 9 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 12 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 12 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. .................... 13 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 15 Preliminary Plat Supplements ........................................................................................... 16 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 22 DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 154 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 4 of 23 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 23 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 23 FISCAL EFFECTS ....................................................................................................................... 23 ATTACHMENTS ......................................................................................................................... 23 DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 155 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 5 of 23 SECTION 1 – MAP SERIES Exhibit 1 – Zoning DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 156 21201 Findings of Fact for Annie Ph. 4 Major Subdivision Page 6 of 23 Exhibit 2 – Community Plan 2020 Future Land Use DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 157 21201 Findings of Fact for Annie Ph. 4 Major Subdivision Page 7 of 23 Exhibit 3 – Current Land Use DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 158 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 8 of 23 Exhibit 4 – Preliminary Plat Exhibit 5 – Landscaping Plan DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 159 21201 Findings of Fact for Annie Ph. 4 Major Subdivision Page 9 of 23 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. The final plat must 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 watercourse setback must be removed from the plat prior to final plat approval. 4. The existing sewer septic system(s) must properly abandoned prior to final plat approval. 5. The applicant must complete the installation of the Rapid Rectangular Flashing Beacon (RRFB) at the intersection of N. 25th Ave. and Durston Rd. as called for in the Transportation Master Plan, prior to approval of Final Plat. 6. 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) or special districts. The provided draft SID waiver is acceptable. The applicant must provide a copy of the filed SID waiver prior to Final Plat approval. 7. Due to the known high groundwater conditions in the area no basements will be permitted with future development of the site. No crawl spaces 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 DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 160 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 10 of 23 system or 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. 8. The responsibility of maintenance for the stormwater facilities, stormwater open space lots, pedestrian open space lots and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include, 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. 9. Remove General Notes 2 and 3 on the Conditions of Approval sheet. The utility easement language is already present in the legal description and a separate easement document will be required to clarify location and size of the easement. A separate public access easement must be provided to grant public access over the open space lot. 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. Noxious weed MOU. Prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. d. 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. DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 161 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 11 of 23 e. 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 Annie Phase 4 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. 38.270.030 - Completion of Improvements. a. If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 3. Sec. 38.240.450 - Certificate of completion of non-public improvements. a. Certificate must specifically list all installed improvements and financially guaranteed improvements. 4. Sec. 38.410.060. - Easements. a. All Easements indicated below must be provided on city standard easements templates. Drafts must be prepared for review and approval by the city. Signed hard copies of the easements must be submitted to the City prior final plat DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 162 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 12 of 23 approval. The applicant may contact the review engineer to receive standard templates. b. The applicant must provide a ten foot utility easement (power, gas, communication, etc.) along the developments property frontage. c. The applicant must provide a storm drainage easement along the proposed storm sewer main and detention facility. d. 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. 5. Sec. 38.410.130 - Water Adequacy. a. Subject to subsections B and C, prior to final approval by the review authority of development occurring under this chapter or chapter 10, the applicant must offset the entire estimated increase in annual municipal water demand attributable to the development pursuant to subsection D. i. Payment-in-lieu of water rights must be made for the townhouse lots prior to final plat approval. 6. Sec. 38.410.130.C.2 - Water Adequacy. a. Compliance with this section is deferred for the following developments until the occurrence of future development if the applicant records a notice of restriction on future development in a form acceptable to the review authority with the Gallatin County Clerk and Recorder: Individual lots of a subdivision final plat planned for future multiple-household development. i. A note must be included in the conditions of approval sheet indicating lots which will require future payment of cash-in-lieu of water rights upon future development. 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 September 1, 2021. Planning Board meeting was held Monday, September 20, 2021 at 6:00 pm. Link: https://bozeman.granicus.com/player/clip/152?view_id=1&redirect=true 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 October 5, 2021. https://www.bozeman.net/government/city-commission/city-commission-video DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 163 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 13 of 23 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 Planning Board and City Commission public hearings were properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. The Department of Community Development received a preliminary plat application on June 2, 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 July 7, 2021. DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 164 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 14 of 23 A revised application was received on August 4, 2021. The DRC determined the application was adequate for continued review on September 1, 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, September 3, 2021 for postings on Sundays, September 5 and September 12, 2021. The applicant posted public notice on the subject property on September 5, 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 September 5, 2021. Four written public comments have been received as of the writing of this report. Three of the public comments expressed concern over the subdivision and the increased traffic at the intersection of North 25th Avenue and Durston Road and the safety issues this causes for school children and pedestrians crossing Durston Road. This issue will largely be resolved with the installation of a Rectangular Rapid Flashing Beacon at the intersection. One public comment supported the additional density and housing diversity that the subdivision will provide On September 16, 2021 this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration to the Planning Board. 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. 4, 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. 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. DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 165 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 15 of 23 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 the proposed uses. The lot is currently vacated residential land with no significant agricultural uses. 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 – The existing water and sewer mains located in Roger’s Way will be extended with this development and will provide adequate service to all newly constructed residential uses. Utilities – Utilities to serve the residential lots will be constructed with phase I and will connect to the main extensions provided with this development. Standard 10-foot front yard utility easements have been provided across the lots. Streets – This project will construct the continuation and connection of Roger’s Way and Daffodil Street through the site, completing the street grid in the area and providing a higher level of connectivity for the existing neighborhoods. Per City Pre-Application comments, the applicant will construct a Rapid Rectangular Flashing Beacon (RRFB) at the intersection of N. 25th and Durston Road. The existing curb cuts along Durston will be abandoned as part of the project. The applicant has also requested to construct the Roger’s Way at a grade of 0.43% which is less than the minimum allowable of 0.5%. This has been reviewed by the Engineering Division and found to be acceptable. 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 – Stormwater is proposed to be managed on-site with this development. Two drainage basins are proposed due to the grading of Roger’s Way. A detention pond located in the open space lot will manage stormwater from the larger (east) basin. Stormwater will convey to the pond via curbflow and an underground pipe located within a stormwater drainage easement between lots 9 and 10. The smaller (west) basin will allow infiltration through a low-impact stormwater design constructed from cobble infiltration galleries adjacent to the lot. The applicant has requested that the stormwater drain pipe that crosses Roger’s Way near the north-center portion of the site be allowed to be buried to a minimum depth of 12 inches, as opposed to the standard of 2 feet. This has been reviewed by the Engineering Division and found to be acceptable. Parkland – Cash-in-lieu of parkland will be provided with this development, as determined by the Parks Department. DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 166 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 16 of 23 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 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 development and is surrounded by adjacent residentially zoned properties that are fully developed. 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 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 February 10, 2021 and no variances were requested. The applicant requested and was granted waivers for Wildlife, Historical Features, Agriculture, and Neighborhood Center Plan. 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. An existing stream runs near the eastern boundary of the property and will be protected by a 50’ watercourse setback. 38.220.060.A.2 - Floodplains No mapped 100-year floodplains impact the subject property. A floodplain was mapped with Phase 3C of the subdivision and is well within the 50’ watercourse setback. No construction within or near the floodplain will occur. DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 167 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 17 of 23 38.220.060.A.3 - Groundwater A geotechnical site evaluation was completed in March 2021 and included seven test pits, the majority of which remained dry, indicating there are no issues due to deep groundwater, however a condition of approval will restrict the construction of basements. 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. 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. A waiver for wildlife was granted during the Pre-Application process. 38.220.060.A.7 - Historical Features This subdivision will not significantly impact historic features. A waiver for historical features was granted during the Pre-Application process. 38.220.060.A.8 - Agriculture This subdivision will not impact agriculture. A waiver for agriculture was granted during the Pre-Application process. 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 and will provide adequate improvements to support the development and the existing neighborhoods by completing the street grid in the area. The extension of Roger’s Way to N. 25th will give this proposed development quick access to Durston Rd., a minor arterial classified street. A traffic impact study was waived by Engineering upon reviewing a trip generation analysis provided by DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 168 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 18 of 23 the applicant. The peak hour trips for the proposed development are shown to be that there would be 4 trips entering the development and 12 trips exiting during AM peak-hours, and 12 trips entering and 8 trips exiting during peak-hour trips. This proposed subdivision will include City standard sidewalks along Roger’s Way, increasing the pedestrian connectivity in the area as whole. 38.220.060.A.13 - Utilities This subdivision will not significantly impact existing utilities. See discussion above under primary review criteria. The applicant will extend existing public water/wastewater mains through Roger’s Way to support the proposed development. The applicant has received confirmation of future service from Northwestern Energy and internet providers. 38.220.060.A.14 - Educational Facilities This subdivision will not significantly impact educational facilities. The applicant has contacted the Director of Facilities for the Bozeman Public Schools who has indicated that the development will not significantly impact enrollment. 38.220.060.A.15 - Land Use The subdivision will not significantly impact land use. The proposed subdivision will create 16 townhouse lots, 2 multi-household lots, one single-household lot, and 1 open space lots. 38.220.060.A.16 - Parks and Recreation Facilities This proposed subdivision will be required to provide cash-in-lieu of parkland as determined by the Parks Department. Because this is an infill development of only 3.24 acres, there is not adequate land within the subject property to accommodate a new park. There are several parks in the area that are within a 10 minute walk from the proposed development; Harvest Creek Park which is part of a large north-south trail system that has connectivity throughout the west side of Bozeman, and Kirk Park which features baseball diamonds, large open fields and a skate park. 38.220.060.A.17 - Neighborhood Center Plan The subdivision was granted a waiver neighborhood center plan during Pre-Application review for the project because this project will not be providing a neighborhood center due to the relatively small size of the development area. 38.220.060.A.18 - Lighting Plan This subdivision will not significantly impact lighting. The applicant conducted an evaluation of the existing lighting along Durston Rd. which was reviewed by Engineering and determined that no additional lighting is required. 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. No health or safety hazards on-site or off-site will be created with this development. DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 169 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 19 of 23 38.220.060.A.20 - Affordable Housing The City’s Legal Division has advised that due to the state’s adoption of HB 259 related to inclusionary zoning, the City will not enforce the requirements for affordable housing cash in lieu as originally required during the preliminary plat and as reflected in the findings of fact. The affordable housing plan and plat notes related to affordable housing and cash in lieu have been removed from this application or will be eliminated prior to final plat. 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 October 5, 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, WGM Group, 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 June 8, 2021 and received one comment voicing opposition to the project. The public comment may be found under the linked minutes and recorded video of the meetings located at this web paged filed under October 5, 2021: 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 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. DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 170 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 20 of 23 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 ___________, 2021 BOZEMAN CITY COMMISSION ____________________________ CYNTHIA L. ANDRUS Mayor APPROVED AS TO FORM: ___________________________ ANNA SAVERUD Assistant City Attorney DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E November16th 171 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 21 of 23 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-3, Residential Medium Density District. The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. 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. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. This proposed subdivision is well-suited to implement the Urban Neighborhood by providing lots that will support a variety of housing types including townhouses, multi-household, and single household units in an existing developed residential area that is predominantly detached single-household units. The townhouse and multi-household lots will support construction of “missing middle” housing which is contemplated throughout the Bozeman Community Plan 2020. The proposed subdivision is also located in a central area with relatively quick access to a variety of goods and services. The growth policy encourages development to be walkable, which is defined in the glossary as: Walkable. A walkable area has: • A center, whether it’s a main street or a public space. • People: Enough people for businesses to flourish and for public transit to run frequently. • Parks and public space: Functional and pleasant public places to gather and play. • Pedestrian design: Buildings are close to the street, parking lots are relegated to the back. • Schools and workplaces: Close enough that walking to and from home to these destinations is realistic. • Complete streets: Streets designed for bicyclists, pedestrians, and transit. With the complexity of features needed to create a walkable environment, no one site is likely to provide all the needed elements. The additional density will help provide for element two with potential for additional persons in the area. DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 172 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 22 of 23 The site has a Walk Score of 60, a Transit score of 24, and a Bike Score of 58. Average walk score for the city as a whole is 48 out of 100. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. This site is an infill development, surrounded by existing residential uses with complimentary uses such as schools, parks, grocery stores, and employment opportunities within a relatively short distance. There are no adopted development standards relating to the walk score. The proposed development is roughly 0.4 miles to Kirk Park, which provides a variety of recreational opportunities from sports fields, baseball/softball diamonds and a skate park. Harvest Creek Park, which is part of a larger predominantly north-south oriented trail system that connects to many prominent parks on the west side of Bozeman, including the Bozeman Pond and Gallatin Regional Park is roughly 0.2 miles away. The closest grocery store is the Town & Country Foods on N. 19th avenue which is roughly 0.7 miles from the proposed development. The two closest schools are the Emily Dickinson School and Summit School which are both within a half-mile from the proposed development. The Streamline Yellowline has a stop on Durston Rd. and Hunter’s Way which is rough 0.3 miles away from the proposed development. There are also a variety of office uses along N. 19th, a relatively short distance from the proposed development which may provide employment opportunities nearby. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1.1 Promote housing diversity, including missing middle housing N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. N-1.11 Enable a gradual and predictable increase in density in developed area over time N-3.8 Promote the development of “Missing Middle” housing (townhouses, multi-household) APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the applicant, WGM Group, 109 E. Main St., Ste. B, Bozeman, MT 59715, representing the property owner Russell Hosner, LLC, 7003 Jackson Creek Road, Bozeman, MT 59715. DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 173 21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 23 of 23 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 September 4, 2021 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, September 5 and Sunday, September 12, 2021. The applicant posted public notice on the subject property on September 5, 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 September 5, 2021. Four public comments were received by the time this report was compiled. The main themes of the comments were concern regarding existing trees and the traffic volume and crossing dangers at the intersection of 25th and Durston. All public comments can be viewed at the link below. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Russell Hosner, LLC, 7003 Jackson Creek Road, Bozeman, MT 59715 Applicant: WGM Group, 109 E. Main St., Ste. B, Bozeman, MT 59715 Representative: WGM Group, 109 E. Main St., Ste. B, Bozeman, 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 #21201, 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=21-201 Public Comment: https://weblink.bozeman.net/WebLink/Browse.aspx?id=254916&dbid=0&repo=BOZEMAN&cr =1 DocuSign Envelope ID: 0F072D30-86B4-420D-862D-08ACE026867E 174 Memorandum REPORT TO:City Commission FROM:Mikaela Schultz, Engineer I Nicholas Ross, Director or Transportation and Engineering SUBJECT:Authorize the City Manager to sign a Public Access Easement and a Water Pipeline and Access Easement and Agreement with Mitchell Development & Investments, LLC for the Site A Everhome Site Plan (21341) MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Public Access Easement and a Water Pipeline and Access Easement and Agreement with Mitchell Development & Investments, LLC for the Site A Everhome Site Plan (21341). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Public Access Easement Water Pipeline and Access Easement and Agreement Report compiled on: August 25, 2022 175 176 177 178 179 180 181 182 183 Memorandum REPORT TO:City Commission FROM:Mikaela Schultz, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to sign a Release and Reconveyance of Easements, Releasing Document 2077892 with The State of Montana for the Bozeman Gateway Phase 5 Subdivision Final Plat (22145) MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Release and Reconveyance of Easements, Releasing Document 2077892 with The State of Montana for the Bozeman Gateway Phase 5 Subdivision Final Plat (22145). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Release and Reconveyance of Easements Report compiled on: August 25, 2022 184 185 186 187 188 Memorandum REPORT TO:City Commission FROM:Alicia Paz-Solis, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to sign a Public Street and Utility Easement and a Utility Easement with Viviana Heluik for the 130 Flanders Mill Annexation (22043) MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Public Street and Utility Easement and a Utility Easement with Viviana Heluik for the 130 Flanders Mill Annexation (22043). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Public Street and Utility Easement Utility Easement Report compiled on: August 31, 2022 189 190 191 192 193 194 195 196 197 198 199 Memorandum REPORT TO:City Commission FROM:Mikaela Schultz, Engineer I Nicholas Ross, Director or Transportation and Engineering SUBJECT:Authorize the City Manager to sign a Public Trail Corridor Easement and a Sewer and Water Pipeline and Access Easement and Agreement with TruNorth Properties LLC for the Autumn Grove Condominiums (21104) MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Public Trail Corridor Easement and a Sewer and Water Pipeline and Access Easement and Agreement with TruNorth Properties LLC for the Autumn Grove Condominiums (21104). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Public Trail Corridor Easement Sewer and Water Pipeline and Access Easement and Agreement Report compiled on: August 25, 2022 200 201 202 203 204 205 206 207 208 Memorandum REPORT TO:City Commission FROM:Alicia Paz-Solis, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement with Dixson and Company Inc for the Cattail Duplexes Site Plan (20285) MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement with Dixson and Company Inc for the Cattail Duplexes Site Plan (20285). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Sewer and Water Pipeline and Access Easement and Agreement Report compiled on: August 31, 2022 209 210 211 212 213 214 215 216 217 Memorandum REPORT TO:City Commission FROM:Alicia Paz-Solis, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement and a Release and Reconveyance of Easement with Edward Balian for the Skylark Condos Site Plan (21391) MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement and a Release and Reconveyance of Easement with Edward Balian for the Skylark Condos Site Plan (21391) 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: Release and Reconveyance of Easement Sewer and Water Pipeline and Access Easement and Agreement Report compiled on: August 31, 2022 218 219 220 221 222 223 224 225 Memorandum REPORT TO:City Commission FROM:Alicia Paz-Solis, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to sign a Sanitary Sewer Pipeline and Access Easement and Agreement with Blackwood Land Fund, LLC for the Cottages at Blackwood Groves (21421) MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Sanitary Sewer Pipeline and Access Easement and Agreement with Blackwood Land Fund, LLC for the Cottages at Blackwood Groves (21421). 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: Sanitary Sewer Pipeline and Access Easement and Agreement Report compiled on: September 1, 2022 226 227 228 229 230 231 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Utility Access Easement and Agreement with NorthWestern Energy in the Bozeman Sports Park for Underground Electric Service MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Authorize the City Manager to Sign a Utility Access Easement and Agreement with NorthWestern Energy in the Bozeman Sports Park for Underground Electric Service STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:To serve new developments west of the Bozeman Sports Park, NorthWestern Energy seeks an underground electric and access easement and agreement along the park's southeast property line. As depicted in Exhibit A to the Easement Agreement, the size is fifteen feet by two-hundred feet. The easement has been reviewed for conflicts with the Bozeman Sports Park Master Plan and the Water Division' municipal well project. NorthWestern Energy will pay the parkland cash-in-lieu appraisal value of $2.30 per square foot for a total of six thousand nine hundred dollars for the easement. UNRESOLVED ISSUES:NA ALTERNATIVES:Per Commission FISCAL EFFECTS:NorthWestern Energy will pay the current parkland cash-in-lieu appraisal value of $2.30 per square foot for the easement, for a total of six thousand nine hundred dollars ($6900). Attachments: Underground Electric Easement- City of Bozeman (5).pdf Report compiled on: September 1, 2022 232 After Recording, Return To: NorthWestern Energy Lands & Permitting Department 11 East Park Street Butte, MT 59701-1711 UNDERGROUND ELECTRIC AND ACCESS EASEMENT AND AGREEMENT City of Bozeman, a Municipal Corporation of the State of Montana, with a mailing address of 121 North Rouse Avenue, PO Box 1230, Bozeman, MT 59771, the GRANTOR(S), in consideration of six thousand and nine hundred dollars ($6,900.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s) to NORTHWESTERN CORPORATION, a Delaware corporation, d/b/a NORTHWESTERN ENERGY, of 11 East Park Street, Butte, Montana 59701-1711, GRANTEE, and to its successors, assigns and apportionees, an easement to install, construct, operate, maintain, replace, upgrade and remove an underground electric power line, communications systems, and necessary appurtenances for the purpose of transmitting electricity over, under, along and across a strip of City of Bozeman parkland situated in Gallatin County, Montana, five feet wide to be located on the following described real property: That portion of Tract 1A1A of Certificate of Survey No. 2554C, located in the northwest quarter of Section 3, Township 2 South, Range 5 East, Principal Meridian, Montana, City of Bozeman, Gallatin County, Montana, being more particularly described as follows, with all bearings contained herein referenced to the south line of said Certificate of Survey No. 2554C: Beginning at the southeast corner of said Tract 1A1A, monumented with a rebar and yellow plastic cap marked “12251 S”; thence N89°50’13”W 200.00 feet along the north right-of-way line of West Oak Street; thence N1°11’33”E 15.00 feet; thence S89°50’13”E 200.00 feet to the west right-of-way line of Flanders Mill Road; thence S1°11’33”W 15.00 feet along said right-of-way to the Point of Beginning. The approximate location of the easement is more particularly described on the attached Exhibit A which by this reference is made a part hereof. This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns and its and their agents and employees, to enter at all times upon the above-described land by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the GRANTOR(S) in order to survey and establish the route and location of the easement and the underground power line and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the underground power line, services, connections, accessories and appurtenances; (2) Support the underground power line across drainage areas with structures which GRANTEE deems necessary. 233 THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said underground power line, it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any damages to growing crops, existing fences, ditches and other appurtenances of said land that may be disturbed by its operation, as determined by the GRANTOR, in a timely manner when weather conditions are conducive. (2) That it will notify the Parks and Recreation Department prior to any actions that could interfere with events or seasonal maintenance planned for the park area. (3) That, during operations involving excavation, it will remove the topsoil from the trenched area to a depth of one foot, or to the full depth of the topsoil, whichever is less, and stockpile said top soil for replacement over the trench. It will remove from the site any large rocks or surplus excavating material or any debris that may have been exposed by the excavation and remains after backfilling is completed. And, it will leave the finished surface in substantially the same condition as existed prior to the beginning of operations except that the surface of backfilled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. (4) That it will monitor the disturbed area for weed emergence for a period of 5 years after the initial installation and shall perform at its sole expense, or pay to GRANTOR the reasonable value for, weed mitigation necessitated in the area of disturbance. (5) That the power line will be installed at depth no greater than four feet below the surface of the existing terrain to avoid conflicts with other public utilities in the parkland. (6) That, prior to construction, it will pay the City six thousand and nine hundred dollars ($6,900.00) for the three thousand one hundred (3,000) square foot area of the easement which is based on the City-adopted appraisal value for parkland ($2.30 per square feet) and the dimensions of the easement being five (15) feet wide by roughly two hundred twenty (200) feet in length. THE GRANTOR(S) AGREES: (1) At no time will they build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of GRANTEE. (2) At no time will they modify the finished grade of the land over the underground powerline by removal of existing soil or by placement of fill material within the boundaries of said easement without the prior written consent of the GRANTEE. (3) The GRANTOR(S) warrants that they are lawfully seized and possessed of the real property described above, that they have a lawful right to convey the property, or any part of it, and that they will forever defend the title to this property against the claims of all persons. (4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). The terms, covenants and provisions of this easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this ______ day of _____________________, 20 . ACCEPTED: 234 _________________________ CITY OF BOZEMAN By ______________________ City Manager ATTEST: _______________________________ City Clerk STATE OF MONTANA ) ) ss. County of Gallatin ) On this ______ day of ___________________, 20 , before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. (SEAL) ______________________________________ Notary Public for the State of Montana ___________________________________ (Printed Name) Residing at Bozeman, Montana My Commission Expires: / /20 235 NorthWestern Corporation, a Delaware Corporation, d/b/a NorthWestern Energy Roy Ishkanian, Manager of Lands & Permitting STATE OF MONTANA ) ) ss. County of Gallatin ) On this ____ day of ___________________, 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared, Roy Ishkanian, known to me to be the Manager of Lands & Permitting and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of NorthWestern Corporation, a Delaware corporation, d/b/a NorthWestern Energy. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana ___________________________________ (Printed Name) Residing in My Commission Expires ______/ /20 Project: BOZ CA 21BOZ OHCA BOZEMAN WESTSIDE Agent: Dylan Swanson Engineer: Tom Stewart SAP No.: 24125676-4400 QRM #: Exhibit “A” 236 The following is made a part of that certain Underground Electric Easement, dated _______________ by and between The City of Bozeman, a political subdivision of the State of Montana, as “Grantor” and Northwestern Corporation, a Delaware corporation, d/b/a NorthWestern Energy as “Grantee”. All distances, areas and measurements shown below are approximate and not to scale. That portion of Tract 1A1A of Certificate of Survey No. 2554C, located in the northwest quarter of Section 3, Township 2 South, Range 5 East, Principal Meridian, Montana, City of Bozeman, Gallatin County, Montana, being more particularly described as follows, with all bearings contained herein referenced to the south line of said Certificate of Survey No. 2554C: Beginning at the southeast corner of said Tract 1A1A, monumented with a rebar and yellow plastic cap marked “12251 S”; thence N89°50’13”W 200.00 feet along the north right-of-way line of West Oak Street; thence N1°11’33”E 15.00 feet; thence S89°50’13”E 200.00 feet to the west right-of-way line of Flanders Mill Road; thence S1°11’33”W 15.00 feet along said right-of-way to the Point of Beginning. 237 Memorandum REPORT TO:City Commission FROM:Mikaela Schultz, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT: Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with TruNorth Properties, LLC for the Autumn Grove Condominiums (21479) MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION: Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with TruNorth Properties, LLC for the Autumn Grove Condominiums (21479). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Conditional Irrevocable Offer of Dedication Report compiled on: August 30, 2022 238 239 240 241 Memorandum REPORT TO:City Commission FROM:Candace Mastel, Transportation Demand Management Coordinator Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Memorandum of Understanding with the Western Transportation Institute for the Transportation Demand Management Initiative Partnership for 2022 through 2024 MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION: Authorize the City Manager to Sign a Memorandum of Understanding with the Western Transportation Institute for the Transportation Demand Management Initiative partnership for 2022 through 2024. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:In 2017 the Western Transportation Institute and the City of Bozeman embarked on a partnership to identify and implement early phases of transportation demand management principles that would assist the city in addressing congestion, mobility options and population growth's impacts on infrastructure. This Memorandum of Understanding for 2022 through 2024 would facilitate advancing the original strategies from this early work in addition to expanding to new strategies through this formalized partnership. The Memorandum of Understanding identifies tasks that the two entities will partner on in addition to a break out of the funding provided for this effort that the City has budgeted for the implementation over the next two years. UNRESOLVED ISSUES:No unresolved issues ALTERNATIVES:As per City Commission FISCAL EFFECTS:The partnership with the Western Transportation Institute has identified the need for $46,000.00 in funding support for the transportation demand management initiatives identified in the Memorandum of Understanding, to be provided to the Western Transportation Institute for the 2023 Fiscal Year. 242 Attachments: MoU_TDM_WTI.docx Report compiled on: August 22, 2022 243 1 Memorandum of Understanding For Transportation Demand Management Initiative 2022-2024 This Memorandum of Understanding ("MOU") is by and between the City of Bozeman ("City") and the Western Transportation Institute at Montana State University (“WTI”); each entity referred to as a "Party" to this MOU, and together these entities are referred to as the "Parties." WHEREAS: The Parties recognize the significant growth in population in the area, and recognize the growth in traffic (vehicle miles traveled "VMT", number of vehicles using area streets/road); and, WHEREAS: The Parties desire to address the growth in traffic through a variety of methods, including the implementation of Transportation Demand Management (TDM) practices; and, WHEREAS: Transportation Demand Management (TDM) is defined as a strategy used to balance the need for transportation improvements with management of the demand on the transportation system. WHEREAS: The Western Transportation Institute ("WTI”), which is an Outreach Center at Montana State University, has received funding from the U.S. Department of Transportation through its University Transportation Center (UTC) program, and WTI can leverage the funding received through its Small Urban, Rural and Tribal Center on Mobility (SURTCOM), and desires to work with the City to leverage the funding; and, WHEREAS: The work to be conducted under this MOU consists of community outreach/engagement, planning, installation, and evaluation of pop-up traffic calming projects, data analysis and reporting, planning studies to address construction, and alteration of capital facilities as a result of increasing demand on such facilities caused by new residential and commercial development within the City and strategies to alleviate or reduce the need to construct new facilities or alter existing facilities to address increasing demand on such facilities caused by new development within the City; and, WHEREAS: The Parties recognize the benefit of leveraging the funding to create and implement “TDM Initiative 2022-2024” as tools to achieving goals that have been identified and adopted in multiple City of Bozeman planning documents. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Term and Termination: The term of this agreement shall be for a period of two (2) years, unless earlier terminated by either Party upon sixty (60) days’ notice. Funding: The City will annually contribute matching funds to the budget of the TDM Initiative 2022-2024. For the city fiscal year 2023, starting July 1, 2022, the City will contribute $46,000. With an 244 2 additional $125,000 coming from WTI’s SURTCOM program. The contribution level by each Party for fiscal year 2024, starting July 1, 2024, are anticipated to remain the same but may be reduced if other sources of funding are obtained. City funding will be used as local match for the SURTCOM funds. A portion of the funds will help to fund the GoGallatin platform through the annual Ride Amigos subscription. History/Background: MSU and WTI have been partners with the City of Bozeman on the TDM Initiative starting in 2017. This MOU allows for WTI to continue to partner with the City of Bozeman to advance TDM initiatives for two (2) more years. WTI shall: 1. Hire staff or direct current staff to conduct all aspects of the work necessary as part of the TDM Initiative 2022-2024. These staff will be employed by MSU in the U.S. DOT Small Urban, Rural and Tribal Center on Mobility at WTI. New or existing staff will be subject to the terms and provision of employment applicable to employees of MSU and as such are not employees of the City nor subject to the City’s employment policies. MSU employees working on the TDM Initiative are not authorized to represent the City or otherwise bind the City in any dealings between the City and any third parties. David Kack, Director of SURTCOM, or his successor, will be direct supervisor of all WTI employees working on the TDM Initiative. 2. Assign WTI staff working on the TDM Initiative to conduct TDM strategies in partnership with the City TDM Coordinator to reduce traffic levels or the level of increase in traffic levels, in the greater Bozeman area, per the following scope of work. Scope of Work: 1. Further develop a traffic calming program including the finalization and rollout of a toolkit. 2. Support development of marketing and outreach information to bolster the visibility of the TDM efforts. 3. Continue to manage and develop the GoGallatin.org website that operates on the Ride Amigos platform. This includes but is not limited to: a. Day to day management of platform including updating users and networks b. Working with local business to build and manage organization specific networks c. Social Media and marketing outreach for the GoGallatin platform and programs d. Development of sustainable funding sources through municipalities, grants, and other funding sources e. Challenge, incentive, and reward program development and management f. Develop a guaranteed ride home program in partnership with the City that could be implemented by employers including the City of Bozeman and Gallatin County 4. Coordinate with the City to implement transportation/commuting strategies to increase diverse and accessible transportation options while reducing greenhouse gas emissions. 245 3 5. Coordinate with the City to implement transportation /commuting strategies as detailed in the TDM Work Plan. 6. Assist in establishment of a car share program that would include consideration of both public and private users across the city. 7.Evaluate options for increased City support, including funding, for Streamline. 8. Assist with grant research and writing for grants to support TDM related work a. AARP Challenge Grants, Bozeman Health and other related projects 9. Assist with Data Analysis and Reporting a. Work to analyze traffic, bicycle, pedestrian, transit, and RideAmigos data, to inform programs and policy work 10. Assist with efforts to prepare for the formation of an MPO. This would most likely include providing case studies of peer regions that have recently been through this or that have high functioning MPOs. 11. Other services as deemed necessary or helpful to advancing the City of Bozeman’s and Montana State University’s transportation goals. Work Product: MSU will retain right, title and interest, including the right of copyright, in all work reduced to writing or fixed in any media (including reports, articles, photographs, recordings, data, computer programs and related documentation) authored solely by MSU employees under this agreement. The City shall retain the same rights to work authored solely by its employees and agents. The Parties will jointly own any work jointly authored under this agreement. MSU grants the City a perpetual, in-evocable, royalty free right to reproduce, publish, access data, or otherwise use and authorize others to use all work authored by it and produced under this contract. The City grants MSU a perpetual, irrevocable, royalty free right to reproduce, publish, access data, or otherwise use and authorize others to use all work authored by it and produced under this contract. Liability: Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent acts of omissions, or those of its officers, agents or employees to the full extent required by law. Each party agrees to maintain reasonable coverage for such liabilities either through commercial insurance or a reasonable self- insurance mechanism, and the nature of such insurance coverage or self-insurance mechanism will be reasonably provided to the other party upon request. Montana State University, as a state agency, warrants and represents that it is self- funded for liability insurance, both public and property, with such protection being limited to the officers, employees, servants and agents of Montana State University while acting within the scope of their employment. The parties further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Montana; (2) the consent of the State of Montana or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Montana beyond the waiver provided in Title 2, Ch. 9, Montana Codes Annotated. 246 4 Each Party will specify an individual to represent the entity in regard to this MOU. This MOU, effective upon signature by the Parties, may be modified through written agreement by the Parties. Signatures: _________________________________________________________________ City of Bozeman Date _________________________________________________________________ Western Transportation Institute Date 247 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer John Alston, Utilities Director SUBJECT:Authorize the City Manager to sign a Joint Funding Agreement with the U.S. Geological Survey for the continued operation of the real-time streamflow gaging stations on the East Gallatin River and Hyalite Creek MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to sign a Joint Funding Agreement with the U.S. Geological Survey for the continued operation of the real-time streamflow gaging stations on the East Gallatin River and Hyalite Creek. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The U.S. Geological Survey (USGS) operates a real-time streamflow gaging stations on the East Gallatin River near the City’s Water Reclamation Facility and on Hyalite Creek near the mouth of Hyalite Canyon. These gages record continuous real-time streamflow data that are made publicly available on the USGS website. Real-time flow data on the East Gallatin River and Hyalite Creek are important to the City for many reasons: flood warnings, tracking long-term water availability trends, and wastewater discharge permit compliance to name a few. The City and USGS have historically partnered on funding the annual maintenance and operations expenses of the East Gallatin River gage. The addition of joint funding for the Hyalite Creek gage is new this year, having come about because USGS had decided this past March to decommission the Hyalite Creek gage due to inadequate funding. The Joint Funding Agreement (JFA) attached sets forth the cost-share between the USGS and City for Hyalite Creek and East Gallatin River gages for the 2023 federal fiscal year. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The City’s cost share per the federal FY23 JFA amounts to $15,019. The approved FY23 Wastewater Reclamation Facility operating budget includes a $10,500 line item to cover the East Gallatin River gage costs, whereas the 248 approved FY23 Water Conservation Division operating budget includes $11,000 line item for the Hyalite Creek gage. Sufficient budget is available to enter into the JFA. Please note that the City’s share of the Hyalite Creek gage is dependent upon funding from Gallatin County and MT DNRC. In the event funding from those agencies does not come through, the attached JFA will be amended for the City to provide the remaining balance needed to operate the Hyalite Creek gage for federal FY23. Attachments: 23RSJFA005_00.pdf Bozeman FY23 20220714 bloving.xlsx Report compiled on: August 25, 2022 249 Form 9‐1366 (May 2018) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations Customer #: 6000001514 Agreement #: 23RSJFA005 Project #: RS00FN6 TIN #: 81‐6001238 Fixed Cost Agreement YES[ X ] NO[ ] THIS AGREEMENT is entered into as of the October 1, 2022, by the U.S. GEOLOGICAL SURVEY, Wyoming- Montana Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Bozeman party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation Water Resource Investigations (per attachment), herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In-Kind-Services in the amount of $0.00 (a) $10,437 by the party of the first part during the period October 1, 2022 to September 30, 2023 (b) $15,019 by the party of the second part during the period October 1, 2022 to September 30, 2023 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: $0 Description of the USGS regional/national program: (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program, and if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data developed as a result of the Scope of Work (SOW) are subject to applicable USGS review, approval, and release requirements, which are available on the USGS Fundamental Science Practices website (https://www.usgs.gov/about/organization/science-support/science-quality-and-integrity/fundamental-science- practices). 250 9. Billing for this agreement will be rendered annually. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. § 3717) established by the U.S. Treasury. USGS Technical Point of Contact Name: Brian Loving Supervisory Hydrologist Address: 521 Progress Circle Suite 6 Cheyenne, WY 82007-9660 Telephone: (307) 775-9174 Fax: Email: bloving@usgs.gov Customer Technical Point of Contact Name: Brian Heaston Project Engineer Address: P.O. Box 1230 Bozeman, MT 59771-1230 Telephone: (406) 582-2924 Fax: Email: bheaston@bozeman.net USGS Billing Point of Contact Name: Jennifer Walgrave Budget Analyst Address: 3162 Bozeman Ave Helena, MT 59601 Telephone: (406) 457-5916 Fax: (406) 457-5990 Email: jwalgrave@usgs.gov Customer Billing Point of Contact Name: Brian Heaston Project Engineer Address: P.O. Box 1230 Bozeman, MT 59771-1230 Telephone: (406) 582-2924 Fax: Email: bheaston@bozeman.net U.S. Geological Survey United States Department of Interior Signature By_______________________ Date: 08/24/2022 Name: John M Kilpatrick Title: Director City of Bozeman Signatures By_______________________ Date: _________ Name: Title: By_______________________ Date: _________ Name: Title: By_______________________ Date: _________ Name: Title: Form 9‐1366 (May 2018) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations Customer #: 6000001514 Agreement #: 23RSJFA005 Project #: RS00FN6 TIN #: 81‐6001238 251 COOPERATIVE WATER RESOURCES PROGRAM City of Bozeman USGS Wyoming-Montana Water Science Center Federal Fiscal Year 2023 (20221001 - 20230930) Station Name Bozeman USGS Streamgaging - Collect, compute, review, and publish continuous annual streamflow record - Provide real-time data 06048650 E Gallatin R ab Water Reclamation Facility nr Bozeman MT $10,679 $7,421 06050000 Hyalite C at Hyalite R S nr Bozeman MT $4,340 $3,016 Streamgaging SUBTOTAL $15,019 $10,437 Bozeman USGS Streamgaging TOTAL $15,019 $10,437 Performance Period Annual: Oct 1 2022 through Sep 30 2023 (data collection) Funding Period Oct 1 2022 through Sep 30 2023 Status 252 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nick Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Funding, Construction, and Maintenance Agreement with MDT for the North 7th Avenue and Griffin Drive intersection project. MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the City Manager to Sign a Funding, Construction, and Maintenance Agreement with MDT for the North 7th Avenue and Griffin Drive intersection project. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The North 7th Avenue and Griffin Drive intersection project, CMDP-TA-STPP 118-1(3)1 N 7TH & GRIFFIN DRIVE-BOZ, UPN 9312000, is a Montana Department of Transportation (MDT) project. This intersection project adds vehicular capacity to the intersection and includes sidewalk and shared use path. The sidewalk and shared use path is an approved Transportation Alternatives Program (TA) project that has been incorporated into the larger intersection project. As part of the TA application, the city agreed to pay the local match share of the sidewalk and shared use path. This agreement identifies that match as $26,927.00. The agreement also assigns maintenance of the sidewalks and shared use paths to the City of Bozeman. City staff proposed language that would have modified the sidewalk maintenance agreement such that MDT would be responsible for removal of any snow deposited on the sidewalks/pathways by their plowing activities. The staff proposed this language as an option to address an ongoing concern regarding removal of snow deposited on sidewalks by MDT plowing operations. MDT did not accept this change. City staff continues to work with MDT on a mutually acceptable resolution to this issue. The sidewalk maintenance language in the final agreement is the same as other agreements that the City has signed with MDT, therefore staff recommends that the City sign the agreement. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. 253 FISCAL EFFECTS:The agreement identifies $26,927.00 as the city match on this project. This will be paid from the Street Impact Fee Fund through SIF113 Griffin (7th to Rouse) - Construction. Attachments: 20220913_N7th and Griffin_9312-CITY-AGREEMENT- FINAL_for Commission consent.pdf Report compiled on: August 31, 2022 254 MDT-ENG-011 V 1.2 – Rev 12/19/19 Page 1 of 11 Funding, Construction, and Maintenance Agreement CMDP-TA-STPP 118-1(3)1 N 7TH & GRIFFIN DRIVE-BOZ UPN 9312000 This Agreement by and between the City of Bozeman (City), and the Montana Department of Transportation (MDT, Department, or State), establishes the responsibilities and duties of the parties in respect to project activities which include roadway reconstruction on a portion of North 7th Avenue, Griffin Drive, and Mandeville Lane located within the City of Bozeman, Montana. Whereas, the construction will be accomplished through Uniform Project Number 9312000, Federal-Aid Project Number CMDP-TA-STPP 118-1(3)1, titled N 7TH & GRIFFIN DRIVE-BOZ (Project) located on North 7th Avenue (P-118) between RP 1.359 and 1.539; on Griffin Drive (U-1217) between RP 0.0 and 0.125; and on Mandeville Lane (L-16-2358) between RP 0.0 and 0.038; and, Whereas, State and/or Federal Highway Administration (FHWA) funds will be used to pay for the construction, the City and State must ensure that federal and state requirements are met in fulfilling its obligations to the FHWA and for the project to remain eligible for state and/or federal funding; and, Whereas, a portion of the Project lies on the designated Primary and Urban Highway System (on-system) (North 7th Avenue and Griffin Drive) under the jurisdiction of the Montana Transportation Commission and MDT as per Mont. Code Ann. 60-2-110, and a portion of the project is not on the designated State and Federal Highway System (off-system) (Mandeville Lane); and, Whereas, Congestion Mitigation and Air Quality funds (CMAQ), Surface Transportation Program Primary (STPP), and Federal Transportation Alternatives (TA) funds will be used for the construction of the project; and Whereas, the State and City recognize the need to construct the Project, and are willing to share in its costs in accordance with Article V, Funding; and, Whereas, the City and MDT recognize the need to construct the Project and to duly execute this Agreement in advance of construction phase programming; and, Whereas, the City desires to have the Project constructed, the City deeming it to be a valuable and beneficial consideration, and it will perform the functions, duties and responsibilities as set forth in Agreement; Now, therefore, the parties agree as follows: ARTICLE I. GENERAL OBLIGATIONS OF MDT 1. MDT will design and award a Contract to construct the Project. 2. MDT will provide the City opportunities to participate in the Project’s development, including invitation to the final inspection of the project. 3. The City will maintain all items within the roadway right of way for the off-system and Urban routes (Mandeville Lane and Griffin Drive) including the roadway surface (pavement repair, 255 MDT-ENG-011 V 1.2 – Rev 12/19/19 Page 2 of 11 pavement preservation, and snowplowing), and will maintain all features, including signals (if present) and non-decorative roadway lighting, unless otherwise noted herein. 4. MDT will maintain the roadway surface for the on-system route (North 7th Avenue), including pavement repair, pavement preservation, and snowplowing, and will maintain all features, including signals (if present) and non-decorative roadway lighting, within the roadway prism unless otherwise noted herein, except for storm drain. 5. The City will maintain all storm drain features on the entire project (both on- and off-system sections). 6. If the City does not fulfill any maintenance requirements stated herein, MDT may complete the required maintenance and seek compensation from the City. In doing so, MDT must first provide thirty (30) days’ notice to the City allowing time to complete any such maintenance. If MDT performs such maintenance under this section, it must provide detailed invoices of such costs to the City. 7. MDT may complete any maintenance required due to a public emergency and seek compensation from the City for any costs incurred. In doing so, MDT may first provide notice to the City, when possible, allowing time to complete any such maintenance. If MDT performs maintenance under this section, it must provide detailed invoices of such costs to the City. 8. For any maintenance requirements that are the obligation of the City, as stated herein, MDT may complete any maintenance required due to a public emergency and seek compensation from the City for any costs incurred. In doing so, MDT may first provide notice to the City, when possible, allowing time to complete any such maintenance. If MDT performs maintenance under this section, it must provide detailed invoices of such costs to the City. 9. The City is responsible for issuing all future encroachment and approach permits for the off-system and Urban routes (Mandeville Lane and Griffin Drive) and ensuring the resulting actions do not interfere with roadway or pedestrian travel or decrease safety. 10. The State is responsible for issuing all future encroachment and approach permits for the on-system routes (North 7th Avenue) and ensuring the resulting actions do not interfere with roadway or pedestrian travel or decrease safety. ARTICLE II. GENERAL OBLIGATIONS OF THE CITY 1. The City agrees to conform in all regards to Mont. Code Ann. Title 61, Chapter 8, and will not take any action, by enacting an ordinance or otherwise, in contradiction of the traffic laws in Mont. Code Ann. Title 61, Chapter 8. 2. The City will provide appropriate and timely input during the Project’s development. 3. The City will continue to enforce the ordinances, laws and/or regulations necessary and essential for the operations of the project. 4. The City, at its sole expense, will maintain the City signs installed as part of this project. For the purposes of this Agreement, “maintenance of signs”, is defined as: the inspection, cleaning, repair and replacement of signs damaged through weathering, vandalism, the wind, or other means. 256 MDT-ENG-011 V 1.2 – Rev 12/19/19 Page 3 of 11 5. The City, at its sole expense, must obtain and maintain all federal, state and local building permits or other permits of any type or nature required by a governing authority, except as noted in this Agreement. 6. The City agrees that no new permanent feature shall be permitted within the roadway right-of-way. 7. Unless specified otherwise herein, the City agrees it will fund any additional costs MDT may incur on future MDT projects due to any amenities the City places in the MDT right-of-way. 8. The City agrees that any City-performed maintenance that occurs within MDT right-of-way must be reviewed and approved by the appropriate MDT District Maintenance Office prior to initiation of the maintenance. 9. The City agrees to regulate utility occupancy on the right-of-way of Griffin Drive and Mandeville Lane in conformance with occupancy regulations that comply with or are more restrictive than the requirements of the Administrative Rule of Montana, 18.7.201 thru 18.7.241, governing "Right of Way Occupancy by Utilities." ARTICLE III. PROJECT-SPECIFIC PROVISIONS 1. Construction Storm Water General Permit a. Upon completion of all physical work associated with construction activity, the parties will inspect the temporary erosion and sediment control measures and devices as part of MDT’s final inspection with MDT’s Contractor. MDT will provide the City with the Storm Water Pollution Prevention Plan (SWPPP) package for City review. Within ten (10) days of receiving the package, the City will provide MDT with an itemized list of any outstanding records or deficiencies associated with the SWPPP. Upon MDT’s and the City’s approval of site conditions and Contractor records, MDT will provide the City a Permit Transfer Notification (PTN) form. The City must return the signed PTN form to MDT within ten (10) business days. MDT will forward the completed PTN form and transfer fees to the Montana Department of Environmental Quality (DEQ). b. Once DEQ transfers the Construction Storm Water General Permit Authorization, the City will inspect, maintain, and revise the Best Management Practice devices (BMPs) in accordance with DEQ permit requirements until final stabilization is met and permit coverage is terminated. c. MDT agrees to pay annual fees associated with permit coverage until termination. To assure payment, the City must forward invoices to the MDT’s Environmental Services Bureau for payment. 257 MDT-ENG-011 V 1.2 – Rev 12/19/19 Page 4 of 11 2. Small Municipal Separate Storm Sewer System (MS4) Permit a. MDT concludes, and the City agrees, the project work is designed in compliance with applicable Small MS4 Permit requirements. b. The City agrees to operate, monitor and maintain storm water management features in compliance with applicable MS4 requirements. ARTICLE IV. PROJECT-SPECIFIC FEATURES 1. Sidewalks a. Upon completion of the Project by the State and its Contractor, the City agrees that it is responsible, at no cost to MDT, to service, maintain, repair, and pay the cost of operating the sidewalk within the project limits, such that it does not negatively impact the operation of the sidewalk or the safety of the traveling public. If all or part of the Project becomes unsafe for use, the City agrees to restrict access to the affected area until the condition has been remedied. b. For the purposes of this Agreement, “maintenance of a sidewalk” is defined as: grinding or milling down displacements; surface patching; crack sealing; sweeping; cleaning; washing; replacing portions of damaged sidewalk; removal of snow and ice; repair of chipped, fractured, or broken surface from any cause, including but not limited to frost heaving, landscaping, tree roots, or encroachments; removal of debris and other obstructions or impediments to safe pedestrian travel; and any and all other normally accepted maintenance practices. 2. Shared-Use Path a. Upon completion of the Project by the State and its Contractor, the City agrees that it is responsible, at no cost to MDT, to service, maintain, repair, and pay the cost of operating the path within the project limits, such that it does not negatively impact the operation of the path or the safety of the traveling public. If all or part of the shared use path becomes unsafe for use, the City agrees to restrict access to the affected area until the condition has been remedied. b. For the purposes of this Agreement, “maintenance of a shared-use path” is defined as: grinding or milling down displacements; surface patching; crack sealing; sweeping; cleaning; washing; replacing portions of damaged path; removal of snow and ice; repair of chipped, fractured, or broken surface from any cause, including but not limited to frost heaving, landscaping, tree roots, or encroachments; removal of debris and other obstructions or impediments to the safe travel of pedestrians or other path users; maintenance of all associated drainage features; maintenance of path-related signs; and any and all other normally accepted maintenance practices. c. For the purposes of this Agreement, “maintenance of shared-use path signs,” is defined as: the inspection, cleaning, repair and replacement of signs damaged through weathering, vandalism, wind, and other means. 258 MDT-ENG-011 V 1.2 – Rev 12/19/19 Page 5 of 11 3. Lighting a. Upon completion of the Project by the State and its Contractor, the City agrees that it is responsible, at no cost to MDT, to service, maintain, repair and pay the costs of operating (including utility costs) the decorative and/or pedestrian lighting installed as part of this project. b. For the purposes of this Agreement, “maintenance of street lighting”, is defined as: the inspection of the lighting system for operation, cleaning lamps, lenses and reflectors, stocking of replacement parts, bulb replacement, and repairs to and replacement of damaged fixtures. c. Any major repair costs for lighting damage not recoverable from third parties shall be the responsibility of the City. d. If the cost of energy is raised by the utility company, the City, town or special improvement district shall pay their proportionate share of the rate increase. 4. City of Bozeman Signage a. Upon completion of the Project by the State and its Contractor, the City agrees that it is responsible, at no cost to MDT, to maintain the City signs within the Project. b. For the purposes of this Agreement, “maintenance of signs,” is defined as: the inspection, cleaning, repair and replacement of signs damaged through weathering, vandalism, wind, or other means. ARTICLE V. FUNDING 1. The City agrees to pay the requisite 13.42% non-federal matching funds associated with the TA funding of the project and associated indirect costs. 2. The City is responsible for 100% of non-federal aid eligible costs and for the payback of state and federal funds expended on non-federal aid eligible elements of the Project, if required. 3. It is understood and agreed between the parties that Section 17-1-106, MCA, requires any state agency that receives non-general funds, including MDT, to identify and recover its indirect costs. These costs are in addition to the direct Project costs. 4. The City will be billed in advance for its local funds, including indirect costs and materials test rate. The billing for the Project’s preliminary engineering (PE phase) has already occurred. The billing for the Project’s construction (CN & CE phases) will be sent no fewer than sixty (60) days prior to the Project’s anticipated advertisement for letting. 5. The City will submit payment to the State within thirty (30) days of billing. Payments to this Project will be provided to the State in the form of a check to be credited to the Project. The payment(s) should be sent to MDT's Administration Division at: Montana Department of Transportation 259 MDT-ENG-011 V 1.2 – Rev 12/19/19 Page 6 of 11 Attention: Collections 2701 Prospect Avenue P.O. Box 201001 Helena, MT 59620-1001 6. MDT will not submit programming requests to FHWA for individual project phases until the required local funds have been transferred to MDT. The Project will not advance past the Preliminary Engineering (PE) phase until a funding package (CN & CE) for all improvements, including contingencies and overruns, is in place to MDT’s satisfaction. 7. If payment is not made by the City within the thirty (30) day period, interest on the unpaid amount will accrue at the rate of 10% per year and continue to accrue until paid in full. 8. MDT will not participate in any future funding Agreement with the City until full payment, including any interest, is received from the City. 9. City agrees that, if the City terminates project development at any time, it will reimburse MDT for all costs incurred by MDT up to the date of the stoppage, including any required payback of Federal funds already expended on the Project. 10. If, after initial payment is made for the Project’s construction (CN & CE phases), the bid opening or award by the State is delayed or postponed by thirty (30) days or more or canceled for any reason, the State agrees to refund the City initial payment within thirty (30) days, upon the City written request. 11. The current Project cost estimate, including IDC, materials test rate, and inflation, is shown in Table 1. This estimate will be updated, until Project closeout, at Project milestones and/or as more refined estimates become available. Any such revisions will be incorporated into this Agreement via Amendment, in accordance with the General Terms and Conditions. 12. The State's Project Manager will inform the City point of contact as soon as possible of anything that it appears will result in a cost increase and will discuss with the City the need for any possible additional funds, alternative designs, and/or reduction of the Project’s scope and will consider the City comments and concerns about the additional costs and/or alteration in scope or design. None of this will prevent, delay, or excuse the City from paying for any additional costs deemed necessary by State. 13. The State agrees to award the Project using Federal, State, and City matching funds, provided that the lowest responsive bid does not exceed the allowable overrun percentage shown in Table 2. 14. If the lowest responsive bid exceeds the allowable overrun percentage, as listed in Table 2, the State will contact the City to determine a funding solution agreeable to both Parties. 15. The Parties understand that it is possible that the estimated cost of the Project’s construction may be exceeded once the Project has begun. 260 MDT-ENG-011 V 1.2 – Rev 12/19/19 Page 7 of 11 Project Phase Total Cost of Phase Federal CMAQ Funds Federal STPP Funds Federal TA Funds State Matching Funds City Matching Funds Preliminary Engineering (PE) $966,636 $805,535 $0 $31,384 $124,853 $4,864 Construction (CN) $4,003,164 $2,961,326 $400,000 $104,614 $521,009 $16,215 Construction Engineering (CE) $400,316 $325,670 $0 $20,924 $50,479 $3,243 Right-of-Way (RW) $82,072 $71,058 $0 $0 $11,014 $0 Incidental Construction (Utility Relocation) (IC) $275,000 $238,095 $0 $0 $36,905 $0 Subtotal $5,727,188 $4,401,684 $400,000* $156,922* $744,260 $24,322* IDC $613,382 $471,420 $42,840 $16,806 $79,410 $2,605 Grand Total $6,340,570 $4,873,104 $442,840 $173,728 $823,670 $26,927 The above costs are estimates and include inflation, current IDC, and materials test rate, which is included in the CN phase. *STPP, TA, and City Matching funds are capped at the subtotal amounts shown above, IDC rates will be billed at the current IDC rate at time of billing. Table 2 - MDT Guidelines for Awarding Construction Agreements (Used to determine allowable overrun cost participation based on construction bid award amount) LOWEST RESPONSIVE BID ALLOWABLE OVERRUN % UNDER $50,000 30% $50,000 - $200,000 25% $200,000 - $500,000 20% $500,000 - $2,000,000 15% OVER $2,000,000 10% ARTICLE VI. GENERAL TERMS AND CONDITIONS 1. Term – The term of this Agreement shall be ten (10) years. After the initial ten (10) year term, this Agreement will renew automatically, for successive one (1) year terms, unless superseded by a new Agreement between the parties. 2. Termination – This Agreement may be terminated by MDT if the City violates or breaches any term, condition, or article of this Agreement and the City has failed to correct (or reasonably initiate correction) within 60 days of receiving notice in writing addressed to the City’s representative, of such violation or breach of any term, condition, or article of this Agreement. If this Agreement is terminated, the improvements become the property of MDT, without reimbursement. MDT will maintain the property as it sees fit and may remove the improvements without City or landowner approval. MDT may seek compensation for maintenance or removal of the improvements from the City. 3. Other Agreements – Other Agreements pertaining to the project area remain in full force and effect. In the case of a conflict between this Agreement and a previously executed Agreement, the terms of this Agreement apply. 261 MDT-ENG-011 V 1.2 – Rev 12/19/19 Page 8 of 11 4. Hold Harmless & Indemnification a. The City agrees to protect, defend, indemnify, and hold MDT, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments ( including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the City’s employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of the City, its agents, or sub-contractors, under this Agreement, except the negligence of MDT. b. The State and Department of Transportation agrees to protect, defend, indemnify, and hold the City, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments ( including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the MDT’s employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of MDT, its agents, or sub-contractors, under this Agreement, except the negligence of the City. 5. Insurance a. General Requirements: Each party shall maintain for the duration of this Agreement, at its own cost and expense, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the duties and obligations in this Agreement by each party, its agents, employees, representatives, assigns, or sub-contractors. This insurance shall cover such claims as may be caused by any negligent act or omission. b. General Liability Insurance: Each party shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $1 million per occurrence and $2 million aggregate per year to cover such claims as may be caused by or arising out of any negligent acts or omissions in work or services performed under this Agreement, or as established by statutory tort limits as provided by a public entity self-insurance program either individually or on a pool basis as provided by Mont. Code Ann. Title 2, Chapter 9. c. General Provisions: All insurance coverage must be with a carrier licensed to do business in the State of Montana or by a public entity self-insured program either individually or on a pool basis. Each party must notify the other immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. Each party reserves the right to request complete copies of the other party’s insurance policy or self-insured memorandum of coverage at any time. d. Workers’ Compensation Insurance: The City must maintain workers’ compensation insurance and require its contractors and its contractor’s sub-contractors to carry their own workers compensation coverage while performing work within MDT right-of-way in accordance with Mont. Code Ann. §§39-71-401 and 39-71-405. Neither the contractor nor its employees are employees of MDT. This insurance/exemption must be valid for the entire Agreement period. 262 MDT-ENG-011 V 1.2 – Rev 12/19/19 Page 9 of 11 6. Public Safety It is agreed, if any repairs to the elements of the Project must be performed to address or prevent a public hazard, the City will immediately protect the area from public access, contact the appropriate MDT District Maintenance Office, and make reasonable and timely effort to correct or repair the hazard. 7. Invoicing and Indirect Cost (IDC) a. If MDT incurs any costs resulting from this Agreement, MDT shall be entitled to be compensated for such costs by the City and the City shall pay the same within thirty (30) days of its receipt of such invoices. Mont. Code Ann. §17-1-106, requires any state agency, including MDT, which receives non-general funds to identify and recover its indirect costs (IDC). These costs are in addition to direct project costs. MDT’s IDC rate is determined annually as a percentage of the project’s direct costs to cover the project’s share of MDT’s IDC as defined by 2 CFR Part 200, Appendix VII. MDT’s current IDC rate is 10.71% for fiscal year 2022 (July 1, 2022 to June 30, 2023). If the work occurs or extends into fiscal year 2023 or beyond the IDC rate will be charged at the rate agreed to by MDT and the Federal Highway Administration (FHWA). i. Invoice will be sent to: City of Bozeman Attn: Nicholas Ross, Director of Transportation and Engineering PO Box 1203 Bozeman, MT 59771 nross@bozeman.net (406) 582-2280 ii. Payments shall be made to: Montana Department of Transportation Attention: Collections 2701 Prospect Avenue PO Box 201001 Helena, MT 59620-1001 8. Choice of Law and Venue – This Agreement shall be governed by the laws of Montana. The parties agree that any litigation concerning this Agreement must be brought in the First Judicial District Court, in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees except as otherwise noted in this agreement. In case of conflict between the terms and conditions of this Agreement and the laws of the State of Montana, the laws of the State of Montana shall control. 9. Binding Effect -- The benefits and obligations set forth in this Agreement shall be binding upon, and inure to the benefit of, their respective successors, administrators and assigns of the Parties. 10. Relationship of Parties -- Nothing contained in this Agreement shall be deemed or construed (either by the parties hereto or by any third party) to create the relationship of principal and agent or create any partnership joint venture or other association between the Parties. 11. Non-Discrimination – The City will require that during the performance of any work arising out of this Agreement the City, for itself, assignees, and successors shall comply with all applicable non- 263 MDT-ENG-011 V 1.2 – Rev 12/19/19 Page 10 of 11 discrimination regulation set forth in Attachment “A” attached hereto and made part of this Agreement. 12. ADA - MDT requires that any construction resulting from this Agreement must include appropriate pedestrian facilities that meet or exceed current MDT standards for accessibility as set forth by the United States Department of Justice 2010 ADA Standards for Accessibility Design, United States Access Board Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way (2011 PROWAG), and MDT’s detailed drawings, 608 series. 13. Audit – The City grants to the Legislative Auditor and the Legislative Fiscal Analysts the right, without prior notice and during normal business hours, to audit, at their own costs and expense, all records, reports, and other documents, the City maintains in connection with this Agreement. 14. Utilities -- This Agreement is subject to the right of any private or public utility entity now lawfully occupying the right-of-way to continue to operate and maintain utility facilities thereupon. Copies of existing utility permits may be obtained from the MDT District Utility Agent. 15. Amendment and Modification -- This Agreement may be modified or amended only by written Addendum signed by the parties. In addition to the terms and conditions contained herein, the provisions of any Addendum may be incorporated and made a part hereof by this reference in the terms of the amendment so provided. In the event of any conflict between the terms and conditions hereof and the provisions of any Addendum, the provision of the Addendum shall control, unless the provisions thereof are prohibited by law. 16. Representatives a. City’s Representative: The City’s Representative for this Agreement shall be the City Manager or designee or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, MDT may direct its communication or submission to other designated City personnel or agents. b. MDT’s Representative: The MDT Representative for this Agreement shall be the District Administrator or Maintenance Chief or such other individual as MDT shall designate in writing. Whenever direction to or communication with MDT is required by this Agreement, such direction or communication shall be directed to MDT’s Representative; provided, however, that in exigent circumstances when MDT’s Representative is not available, City may direct its direction or communication or submission to other designated MDT personnel or agents. 17. Counterpart Execution – This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by any of the parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. 264 MDT-ENG-011 V 1.2 – Rev 12/19/19 Page 11 of 11 IN WITNESS WHEREOF, MDT’s authorized representative has hereunto signed on behalf of the State of Montana, and the City’s authorized representative on behalf of the City, has signed and affixed hereto the seal of the City. STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION By Montana Department of Transportation Date Approved for Legal Content Approved for Civil Rights CITY OF BOZEMAN Jeff Mihelich City Manager Attest: Mike Maas City Clerk 265 ATTACHMENT A: MDT NONDISCRIMINATION AND DISABILITY ACCOMMODATION NOTICE 266 Page 1 of 4 Rev. 01/2022 MDT NONDISCRIMINATION AND DISABILITY ACCOMMODATION NOTICE Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an environment free from discrimination, harassment, and retaliation. In accordance with State and Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter “protected classes”) by its employees or anyone with whom MDT does business: Federal protected classes State protected classes Race, color, national origin, sex, sexual orientation, gender identity, age, disability, income-level & Limited English Proficiency Race, color, national origin, parental/marital status, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, religion/creed, social origin or condition, genetic information, sex, sexual orientation, gender identification or expression, ancestry, age, disability mental or physical, political or religious affiliations or ideas, military service or veteran status, vaccination status or possession of immunity passport For the duration of this contract/agreement, the PARTY agrees as follows: (1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all Acts and Regulations of the United States and the State of Montana relative to Non- Discrimination in Federally and State-assisted programs of the U.S. Department of Transportation and the State of Montana, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. (2) Non-discrimination: a. The PARTY, with regard to the work performed by it during the contract, will not discriminate, directly or indirectly, on the grounds of any of the protected classes in the selection and retention of subcontractors, including procurements of materials and leases of equipment, employment, and all other activities being performed under this contract/agreement. b. The PARTY will provide notice to its employees and the members of the public that it serves that will include the following: i. A statement that the PARTY does not discriminate on the grounds of any protected classes. ii. A statement that the PARTY will provide employees and members of the public that it serves with reasonable accommodations for any known disability, upon request, pursuant to the Americans with Disabilities Act as Amended (ADA). iii. Contact information for the PARTY’s representative tasked with handling non- discrimination complaints and providing reasonable accommodations under the ADA. iv. Information on how to request information in alternative accessible formats. 267 Page 2 of 4 Rev. 01/2022 c. In accordance with Mont. Code Ann. § 49-3-207, the PARTY will include a provision, in all of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of merit and qualifications and that the PARTY does not discriminate on the grounds of any protected class. (3) Participation by Disadvantaged Business Enterprises (DBEs): a. If the PARTY receives federal financial assistance as part of this contract/agreement, the PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its subcontracting services. The list of all currently certified DBE firms is located on the MDT website at mdt.mt.gov/business/contracting/civil/dbe.shtml b. By signing this agreement, the PARTY assures MDT that: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. c. The PARTY must include the above assurance in each contract/agreement the PARTY enters. (4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the PARTY of the PARTY’s obligation under this contract/agreement and all Acts and Regulations of the United States and the State of Montana related to Non-Discrimination. (5) Information and Reports: The PARTY will provide all information and reports required by the Acts, Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by MDT or relevant US DOT Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the PARTY will so certify to MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has made to obtain the information. (6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non- discrimination provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the PARTY under the contract/agreement until the PARTY complies; and/or b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part. 268 Page 3 of 4 Rev. 01/2022 (7) Pertinent Non-Discrimination Authorities: During the performance of this contract/agreement, the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Federal - Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; - The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); - Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); - Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; - The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); - Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); - The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients, and contractors, whether such programs or activities are Federally funded or not); - Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; - The Federal Aviation Administration’s Non-Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); - Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; - Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 269 Page 4 of 4 Rev. 01/2022 - Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). - Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of gender identity and in hiring by federal contractors on the basis of both sexual orientation and gender identity. State - Mont. Code Ann. § 49-3-205 Governmental services; - Mont. Code Ann. § 49-3-206 Distribution of governmental funds; - Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts. (8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through seven in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The PARTY will take action with respect to any subcontract or procurement as MDT or the relevant US DOT Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request the United States to enter into the litigation to protect the interests of the United States. 270 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Authorize City Manager to Sign AIA Document B121 Master Agreement, and AIA Document B221 Service Order 1, and Future Service Orders within Budget for Community Engagement and Conceptual Design for the West Side Recreation and Aquatics Center and Library Branch. MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Sign AIA Document B121 Master Agreement, and AIA Document B221 Service Order 1, and Future Service Orders within Budget for Community Engagement and Conceptual Design for the West Side Recreation and Aquatics Center and Library Branch. STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:The City of Bozeman’s Strategic Plan Section 3.4 identifies active recreation as a critical component of a safe and welcoming community and to facilitate and promote recreational opportunities and active health programs and facilities. Furthermore, Strategic Plan Section 5.1.a calls for expanding civic and cultural infrastructure as the City grows and to ensure library services and facilities meet the demands of the City. In preparation for a possible Fall 2023 ballot measure in support of a West Side Recreation and Aquatics Center and Library Branch, the City will conduct extensive public engagement and develop a conceptual design to inform total costs. A formal Public Engagement Plan will be developed using the Engage Bozeman framework to provide a variety of opportunities for community engagement, in addition to exploring a number of programming options with City staff. Workshops will be conducted throughout late- 2022/early-2023 with preliminary cost projections completed by April 2023. To ensure we have sufficient oversight of the design effort throughout all phases of the project, we are recommending using an AIA Master Agreement with individual Service Orders for all Architectural services. A separate contract will be required for General Contractor and Construction Manager services. We believe this framework will allow us to proceed in a timely and efficient format as the project moves forward. The Master Services Agreement (AIA B121) is the overarching contract that details the 271 responsibilities of the owner (City) and Architect (ThinkOne / Anderson Mason Dale) for the duration of the project. Service Orders (AIA B221) will be used to detail specific work to be done as the project progresses. Service Order 1 includes programming and early conceptual design, site analysis, community outreach, and cost modeling. Following this effort, a subsequent Service Order will include advanced conceptual design and a collateral package to include renderings and materials needed to conduct a successful public education campaign. ThinkOne / Anderson Mason Dale (AMD) was selected using a competitive Request for Qualifications process following 18-8-204 MCA. These agreements have been reviewed by the Legal Department and found to be acceptable in meeting the City’s specifications and standards. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:Service Order 1 is a stipulated sum of $295,000. $200,000 is currently available within the Parks & Recreation Department FY23 operating budget, with an additional $100,000 available within the Bozeman Public Library annual allocation from Gallatin County. Attachments: B121-2018 - West Side Campus - Phase 1 - Master Service Agreement.pdf B221-2018 - West Side Campus - Phase 1 - Service Order 1.pdf Exhibit A - West Side Campus - Phase 1 - Basic Scope of Work.pdf West Side Recreation and Aquatics Center and Library Branch Community Engagement and Conceptual Design Professional Architectural Services RFQ-RFP.pdf ThinkOne-AMD_Bozeman West Side Recreation, Aquatics Center and Library_Qualifications.pdf Report compiled on: August 25, 2022 272 Document B121™ – 2018 Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document does not contain a description of the Architect’s scope of Services and related terms. This document is intended to be used in conjunction with AIA Document B221™–2018, Service Order for use with Master Agreement Between Owner and Architect AGREEMENT made as of the Thirteenth day of September in the year 2022 (In words, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, address, and other information) City of Bozeman 121 N. Rouse Ave. Bozeman, MT 59771 and the Architect: (Name, legal status, address, and other information) Taylor Architects, P.C. dba ThinkOne 101 East Main, Studio One Bozeman, MT 59715 The Owner and Architect agree as follows. 273 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 2 TABLE OF ARTICLES 1 MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES 2 SERVICE ORDERS 3 ARCHITECT’S RESPONSIBILITIES 4 ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COPYRIGHTS AND LICENSES 7 CLAIMS AND DISPUTES 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS 9 COMPENSATION 10 MISCELLANEOUS PROVISIONS 11 SPECIAL TERMS AND CONDITIONS 12 SCOPE OF THIS MASTER AGREEMENT ARTICLE 1 MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES § 1.1 This Master Agreement shall be effective for one year after the date first written above ("Date of this Master Agreement"). § 1.2 This Master Agreement shall apply to all Service Orders agreed to by the Parties within the term of this Master Agreement until completion of the Service Order. In the event of a conflict between terms and conditions of this Master Agreement and a Service Order, the terms of the Service Order shall take precedence for the services provided pursuant to the Service Order. An agreed upon Service Order together with this Master Agreement form a Service Agreement. A Service Agreement represents the entire and integrated agreement between the parties, and supersedes prior negotiations, representations, or agreements, either written or oral. A Service Agreement may be amended or modified only by a Modification. § 1.3 This Master Agreement will renew on an annual basis, on the day and month of the Date of this Master Agreement, unless either party provides notice of their intent not to renew this Master Agreement. Notice must be provided at least 60 days prior to the renewal date. In the event either party elects not to renew this Master Agreement, the terms of this Master Agreement shall remain applicable until all Service Orders under this Master Agreement are completed or terminated. § 1.4 The Owner identifies the following representative authorized to act on the Owner’s behalf with respect to this Master Agreement: Jon Henderson, Strategic Services Director City of Bozeman 121 North Rouse Avenue Bozeman, MT 59715 (406) 582-2250 § 1.4.1 In each Service Order, the Owner will identify a representative authorized to act on the Owner’s behalf with respect to the Service Order. 274 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 3 § 1.5 The Architect identifies the following representative authorized to act on the Architect’s behalf with respect to this Master Agreement: William A. Hanson, AIA President, ThinkOne 101 East Main Street, Studio One Bozeman, MT 59715 (406) 586-7020 § 1.5.1 In each Service Order, the Architect will identify a representative authorized to act on behalf of the Architect with respect to the Service Order. § 1.6 Nothing contained in this Master Agreement or in a Service Order shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. ARTICLE 2 SERVICE ORDERS § 2.1 The Owner is not required to issue any Service Orders under this Master Agreement. § 2.2 The Architect may decline to accept any Service Order issued by the Owner. § 2.3 The Architect shall perform the services set forth in each agreed upon Service Order, consisting of AIA Document B221-2018, Service Order, or such other document as the Owner and Architect may mutually agree upon. Each Service Order shall state the name, location, and detailed description of the Project; describe the Architect’s Services; state the Architect’s compensation; and list the attachments and exhibits incorporated by reference. ARTICLE 3 ARCHITECT’S RESPONSIBILITIES § 3.1 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the services provided pursuant to a Service Agreement. § 3.2 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Master Agreement or any Service Agreement. § 3.3 The Architect shall maintain the following insurance until termination of this Master Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 9.4. The Owner shall be endorsed as additional insured on the Architect’s primary and excess insurance policies for General Liability and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. Upon request by the Owner, the Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements of this Section 3.3. The insurance requirements of the Section 3.3 shall also apply in full to all consultants hired by Architect to perform any portion of a Service Order, provided Architect and Owner my mutually agree in writing to different coverage limits for Architect’s consultants. .1 General Liability With policy limits of not less than One Million Five Hundred Thousand Dollars ($1,500,000.00) for each occurrence and Three Million Dollars ($3,000,000.00) annual aggregate for bodily injury and property damage. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. .2 Automobile Liability 275 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 4 Covering vehicles owned or used by the Architect with policy limits of not less than One Million Dollars ($1,000,000.00) for bodily injury and property damage per claim. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. .3 Workers’ Compensation Workers’ Compensation at the statutory limits and Employers Liability with policy limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. .4 Professional Liability With policy limits of not less than Two Million Dollars ($2,000,000.00) per claim, Two Million Dollars ($2,000,000.00) in the aggregate. § 3.4 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on the accuracy and completeness of the services and information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.5 The Architect shall not be responsible for an Owner’s directive or substitution made without the Architect’s approval. § 3.6 The Architect shall manage the Architect’s services, research applicable design criteria, attend project meetings, communicate with members of the project team and report progress to the Owner. § 3.7 As soon as practicable after the date of this Service Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. § 3.8 As soon as practicable after award of the Service Agreement, the Architect shall furnish in writing to the Owner the names of consultants proposed for portions of the scope of a Service Order. The Owner may reply within 14 days to the Architect in writing stating (1) whether the Owner has reasonable objection to any such proposed consultant or (2) that the Owner requires additional time for review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. Architect shall not contract with a proposed consultant to whom the Owner has made reasonable and timely objection. § 3.9 Architect shall not substitute a consultant previously selected without written consent of the Owner. Architect shall notify the Owner of any proposed substitution a minimum of ten (10) days prior to a proposed change. ARTICLE 4 ADDITIONAL SERVICES § 4.1 The Architect may provide Additional Services after execution of a Service Order without invalidating the Service Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Article 4 shall entitle the Architect to compensation pursuant to Section 9.3. § 4.2 Unless otherwise provided in a Service Order, upon recognizing the need to perform the following Additional Services, as they relate to the services provided pursuant to the Service Order, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) 276 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 5 contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients; .6 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; (Paragraph deleted) .7 Consultation concerning replacement of Work resulting from fire or other cause during construction. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 The Owner shall provide information in a timely manner regarding requirements for and limitations of each Service Order. § 5.2 The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants as designated in an individual Service Order, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates to the Owner’s satisfaction that they are reasonably required by the scope of the Service Order. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.4 The Owner shall furnish all legal, insurance, and accounting services, including auditing services, that may be reasonably necessary at any time to meet the Owner’s needs and interests under a Service Agreement. § 5.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the services or work related to a Service Agreement, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. (Paragraph deleted) § 5.6Reserved. ARTICLE 6 COPYRIGHTS AND LICENSES § 6.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use in relation to a Service Agreement. § 6.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with a Service Agreement is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 6.3 The Architect grants to the Owner an irrevocable, perpetual, fully paid, nonexclusive license to use the Architect’s Instruments of, provided that the Owner substantially performs its obligations to promptly pay all sums when due pursuant to Articles 8 and 9. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Master Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 10.9. § 6.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising 277 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 6 from such uses. The terms of this Section 6.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 8.4. § 6.4 Except for the licenses granted in this Article 6, no other license or right shall be deemed granted or implied under this Master Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. § 6.5 Except as otherwise stated in Section 6.3, the provisions of this Article 6 shall survive the termination of this Master Agreement. ARTICLE 7 CLAIMS AND DISPUTES § 7.1 General § 7.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to any Service Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Master Agreement and within the period specified by applicable law, but in any case not more than 10 years after the completion of the services provided pursuant to a specific Service Agreement, whichever is sooner. Completion of the services pursuant to a specific Service Agreement shall be the date of Substantial Completion of construction related to the services performed pursuant to the Service Agreement or, where there is no construction work related to a Service Agreement, the date the Architect completes its services under the Service Agreement. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 7.1.1. § 7.1.2 Pending final resolution of any controversy, claim, or dispute arising out of the Service Agreement, except as otherwise agreed by the parties in writing the Architect shall proceed diligently with performance of the Service Agreement and the Owner shall continue to make payments in accordance with the Service Agreement. (Paragraph deleted) § 7.2 Mediation § 7.2.1 Any claim, dispute or other matter in question arising out of or related to a Service Agreement shall be subject to mediation as a condition precedent to litigation in court of competent jurisdiction. § 7.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by a Dispute Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and Procedural Manual. The parties must enter into a separate agreement establishing, among others, the scope of the work of the DRB, the responsibilities of the parties, the time for completion of the DRB’s process, payment to DRB members and whether the decision or findings of the DRB will be binding or admissible in other proceedings. The parties may, by mutual agreement, submit to mediation administered by a neutral third party mediator in accordance with American Arbitration Association procedures in effect on the date the claim is made in lieu of a DRB. § 7.2.3 The parties shall share the mediator’s fee and any filing fees equally. The parties shall bear their own attorneys’ fees, expert witnesses’ fees, costs and expenses in the mediation. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. (Paragraphs deleted) § 7.3 Arbitration § 7.3.1 Claims, disputes or other matters in controversy arising out of or related to the Service Agreement may, by mutual written agreement, be subject to arbitration. In the event the parties agree to utilize an arbitration process, it shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Master Agreement. A request for arbitration shall be made in writing, delivered to the other-party, and must contain all claims then known to that party on which arbitration is permitted. In the event the other party is not willing to submit the matter to arbitration, the dispute shall be resolved through the judicial forum available to the parties. 278 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 7 § 7.3.1.1 A request for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written request for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 7.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Master Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 7.3.3 If the parties mutually agree to arbitration, the award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 7.3.4 Consolidation or Joinder § 7.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Master Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 7.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration. The Owner and the Architect agree that all parties necessary to resolve a claim shall be parties to the same dispute resolution procedures provided for in this Agreement. Appropriate provisions will be included in all other contracts related to a Service Order to provide for the joinder or consolidation of such dispute resolution procedures. (Paragraph deleted) § 7.4 The provisions of this Article 7 shall survive the termination of a Service Agreement. ARTICLE 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS § 8.1 If the Owner fails to make payments to the Architect in accordance with a Service Agreement, such failure shall be considered substantial nonperformance and cause for termination of the Service Agreement or, at the Architect’s option, cause for suspension of performance of services under the Service Agreement for which the Owner failed to make payment. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any reasonable expenses incurred in the interruption and resumption of the Architect’s services. § 8.2 If the services under a Service Agreement have been suspended by the Owner, the Architect shall be compensated for services performed prior to notice of such suspension. When the services under the Service Agreement are resumed, the Architect shall be compensated for reasonable expenses incurred in the interruption and resumption of the Architect’s services. § 8.3 If the Owner suspends the services under a Service Agreement for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate the Service Agreement by giving not less than seven days’ written notice. § 8.4 Either party may terminate a Service Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of the Service Agreement, through no fault of the party initiating the termination. Termination of a Service Agreement under this Section 8.4 shall not be deemed a termination of other Service Agreements under this Master Agreement. § 8.5 The Owner may terminate a Service Agreement, upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 8.6 In the event of termination of a Service Agreement not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. § 8.7 279 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 8 (Paragraphs deleted) Reserved. § 8.8 Except as otherwise expressly provided herein, a Service Agreement shall terminate one year from the date of Substantial Completion. § 8.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of termination of a Service Agreement are set forth in Article 6 and Section 9.5 of this Master Agreement. ARTICLE 9 COMPENSATION § 9.1 The Owner shall compensate the Architect for the services described in a Service Order pursuant to the Service Order and as set forth in this Article 9. § 9.2 Except as otherwise set forth in a Service Order, the hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth below. The rates may be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices provided Owner consents to such adjustment in writing. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate ($0.00) § 9.3 Except as otherwise set forth in a Service Order, the Owner shall compensate the Architect for Additional Services designated in Article 4 as follows: As set forth in the applicable Service Order. § 9.4 Compensation for Reimbursable Expenses § 9.4.1 Unless otherwise indicated on the Service Order, Reimbursable Expenses are in addition to compensation for the Architect’s professional services and include the actual expenses incurred by the Architect and the Architect’s consultants directly related to a Service Agreement, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Permitting and other fees required by authorities having jurisdiction over the Project; .3 Printing, reproductions, plots, and standard form documents; .4 Postage, handling, and delivery; .5 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .6 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; and .7 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultant’s expense of professional liability insurance dedicated exclusively to the Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect or the Architect’s consultants, and disclosed by the Architect in writing prior to execution of this Master Agreement or a related Service Agreement; (Paragraphs deleted) § 9.4.2 Reserved. § 9.4.3 Reimbursable Expenses will be allocated to each Service Agreement. § 9.5 Payments to the Architect § 9.5.1 Progress Payments § 9.5.1.1 Unless otherwise agreed, payments for services provided pursuant to a Service Agreement shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. % 280 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 9 § 9.5.1.2 Reserved. § 9.5.1.3 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 Each Service Agreement shall be governed by the law of the place where the Project described in the Service Order is located. § 10.2 Notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to each Service Agreement. Neither the Owner nor the Architect shall assign a Service Agreement without the written consent of the other. § 10.4 Reserved. § 10.5 Unless otherwise required in a Service Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.6 The Architect shall have the right to include photographic or artistic representations of the design of the Projects for which services are performed among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Projects to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Projects. This Section 10.6 shall survive the termination of a Service Agreement unless the Owner terminates a Service Agreement for cause pursuant to Section 8.4. § 10.7 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party may disclose such information as required by law or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity. The Party receiving such information may also disclose it to its employees, consultants or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.7. § 10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. § 10.9 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. (Paragraph deleted) § 10.10 A waiver by either party any default or breach by the other party of any terms or conditions of this Master 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. ARTICLE 11 SPECIAL TERMS AND CONDITIONS Special terms and conditions applicable to this Master Agreement are as follows: 281 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 10 (Include other terms and conditions applicable to this Agreement.) § 11.1 For other than professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold Owner harmless against claims, demands, suits, damages, losses and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the Owner by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Architect or Architect’s consultants, agents or employees. For the professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the architect or Architect’s consultants, agents or employees. To the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless from any claims, demands, suits, damages, losses and expenses arising from or relating to any claim for violation of intellectual property rights, including without limitation copyright rights arising from or related to the use of any work product provided by Architect or Architect’s consultants, agents or employees. Should Owner be required to bring and action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below Owner 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 Architect was obligated to defend the claim(s) or was obligated to indemnify Owner for a claim(s) or any portion(s) thereof The obligations of this Section 11.1 shall survive termination of this Master Agreement. § 11.2 In the event it becomes necessary for Owner or Architect to retain an attorney to enforce any of the terms or conditions of this Master Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney’s gees and costs, including fees, salary, and costs of in-house counsel to include the City Attorney. § 11.3 The Architect will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations and contracts. In order to satisfy City of Bozeman policy the Architect 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, aga, 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 Architect 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. The Architect shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. ARTICLE 12 SCOPE OF THIS MASTER AGREEMENT § 12.1 This Master Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Master Agreement may be amended only by written instrument signed by both the Owner and Architect. § 12.2 This Master Agreement is comprised of the following documents identified below: .1 AIA Document B121™–2018, Standard Form of Master Agreement Between Owner and Architect (Paragraphs deleted) .2 Exhibits: (Clearly identify any other exhibits incorporated into this Master Agreement.) .3 Other documents: (List other documents, if any, forming part of the Master Agreement.) 282 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 11 This Master Agreement entered into as of the day and year first written above. OWNER (Signature)ARCHITECT (Signature) Jeff Mihelich, City Manager William Hanson, President (Printed name and title)(Printed name, title, and license number, if required) 283 Additions and Deletions Report for AIA® Document B121™ – 2018 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:21:23 ET on 08/25/2022. Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 1 PAGE 1 AGREEMENT made as of the Thirteenth day of September in the year 2022 … City of Bozeman 121 N. Rouse Ave. Bozeman, MT 59771 … Taylor Architects, P.C. dba ThinkOne 101 East Main, Studio One Bozeman, MT 59715 PAGE 2 Jon Henderson, Strategic Services Director City of Bozeman 121 North Rouse Avenue Bozeman, MT 59715 (406) 582-2250 PAGE 3 William A. Hanson, AIA President, ThinkOne 101 East Main Street, Studio One Bozeman, MT 59715 (406) 586-7020 … § 3.3 The Architect shall maintain the following insurance until termination of this Master Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 9.4. (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.)The Owner shall be endorsed as additional insured on the Architect’s primary and excess insurance policies for General Liability and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. Upon request by the Owner, the Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements of this Section 3.3. The insurance requirements of the Section 3.3 shall also apply in full to all consultants hired by Architect to perform any portion of a Service Order, provided Architect and Owner my mutually agree in writing to different coverage limits for Architect’s consultants. 284 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 2 … With policy limits of not less than One Million Five Hundred Thousand Dollars ($1,500,000.00) for each occurrence and Three Million Dollars ($3,000,000.00) annual aggregate for bodily injury and property damage. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. PAGE 4 Covering vehicles owned or used by the Architect with policy limits of not less than One Million Dollars ($1,000,000.00) for bodily injury and property damage per claim. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. … Workers’ Compensation at the statutory limits and Employers Liability with policy limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. … With policy limits of not less than Two Million Dollars ($2,000,000.00) per claim, Two Million Dollars ($2,000,000.00) in the aggregate. … § 3.6 The Architect shall manage the Architect’s services, research applicable design criteria, attend project meetings, communicate with members of the project team and report progress to the Owner. § 3.7 As soon as practicable after the date of this Service Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. § 3.8 As soon as practicable after award of the Service Agreement, the Architect shall furnish in writing to the Owner the names of consultants proposed for portions of the scope of a Service Order. The Owner may reply within 14 days to the Architect in writing stating (1) whether the Owner has reasonable objection to any such proposed consultant or (2) that the Owner requires additional time for review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. Architect shall not contract with a proposed consultant to whom the Owner has made reasonable and timely objection. § 3.9 Architect shall not substitute a consultant previously selected without written consent of the Owner. Architect shall notify the Owner of any proposed substitution a minimum of ten (10) days prior to a proposed change. PAGE 5 .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; or .10 .7 Consultation concerning replacement of Work resulting from fire or other cause during construction. … § 5.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of consulting services in the contracts 285 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 3 between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants as designated in an individual Service Order, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates to the Owner’s satisfaction that they are reasonably required by the scope of the Service Order. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. … § 5.6 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. § 5.6Reserved. … § 6.3 The Architect grants to the Owner a an irrevocable, perpetual, fully paid, nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, of, provided that the Owner substantially performs its obligations under the Service Agreement, including prompt payment of to promptly pay all sums when due pursuant to Articles 8 and 9. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Master Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 10.9, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates a Service Agreement for cause as provided in Section 8.4, the license granted in this Section 6.3, and related to the terminated Service Agreement, shall terminate.10.9. § 6.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 6.3.1. The terms of this Section 6.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 8.4. PAGE 6 § 7.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201™–2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein.Pending final resolution of any controversy, claim, or dispute arising out of the Service Agreement, except as otherwise agreed by the parties in writing the Architect shall proceed diligently with performance of the Service Agreement and the Owner shall continue to make payments in accordance with the Service Agreement. § 7.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to a Service Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of a Service Agreement, except as specifically provided in Section 8.6. § 7.2.1 Any claim, dispute or other matter in question arising out of or related to a Service Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.litigation in court of competent jurisdiction. 286 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 4 § 7.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Master Agreement. A request for mediation shall be made in writing, delivered to the other party to this Master Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.a Dispute Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and Procedural Manual. The parties must enter into a separate agreement establishing, among others, the scope of the work of the DRB, the responsibilities of the parties, the time for completion of the DRB’s process, payment to DRB members and whether the decision or findings of the DRB will be binding or admissible in other proceedings. The parties may, by mutual agreement, submit to mediation administered by a neutral third party mediator in accordance with American Arbitration Association procedures in effect on the date the claim is made in lieu of a DRB. § 7.2.3 The parties shall share the mediator’s fee and any filing fees equally. The parties shall bear their own attorneys’ fees, expert witnesses’ fees, costs and expenses in the mediation. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 7.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 7.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ]Arbitration pursuant to Section 7.3 of this Master Agreement [ ]Litigation in a court of competent jurisdiction [ ]Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 7.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Master Agreement, any claim, dispute or other matter in question Claims, disputes or other matters in controversy arising out of or related to a Service Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, the Service Agreement may, by mutual written agreement, be subject to arbitration. In the event the parties agree to utilize an arbitration process, it shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Master Agreement. A demand request for arbitration shall be made in writing, delivered to the other party to this Master Agreement, and filed with the person or entity administering the arbitration.other-party, and must contain all claims then known to that party on which arbitration is permitted. In the event the other party is not willing to submit the matter to arbitration, the dispute shall be resolved through the judicial forum available to the parties. § 7.3.1.1 A demand request for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand request for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. 287 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 5 PAGE 7 § 7.3.3 The If the parties mutually agree to arbitration, the award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. … § 7.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.arbitration. The Owner and the Architect agree that all parties necessary to resolve a claim shall be parties to the same dispute resolution procedures provided for in this Agreement. Appropriate provisions will be included in all other contracts related to a Service Order to provide for the joinder or consolidation of such dispute resolution procedures. § 7.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 7.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Master Agreement. … § 8.1 If the Owner fails to make payments to the Architect in accordance with a Service Agreement, such failure shall be considered substantial nonperformance and cause for termination of the Service Agreement or, at the Architect’s option, cause for suspension of performance of services under the Service Agreement for which the Owner failed to make payment. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any reasonable expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 8.2 If the services under a Service Agreement have been suspended by the Owner, the Architect shall be compensated for services performed prior to notice of such suspension. When the services under the Service Agreement are resumed, the Architect shall be compensated for reasonable expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. … § 8.6 In the event of termination of a Service Agreement not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, Reimbursable Expenses incurred, and all costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements. together with Reimbursable Expenses then due. § 8.7 In addition to any amounts paid under Section 8.6, if the Owner terminates a Service Agreement for its convenience pursuant to Section 8.5, or the Architect terminates a Service Agreement pursuant to Section 8.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination Fee: .2 Licensing Fee if the Owner intends to continue using the Architect’s Instruments of Service: 288 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 6 Reserved. PAGE 8 § 9.2 Except as otherwise set forth in a Service Order, the hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth below. The rates shall may be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices.practices provided Owner consents to such adjustment in writing. … (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) As set forth in the applicable Service Order. … § 9.4.1 Unless otherwise indicated on the Service Order, Reimbursable Expenses are in addition to compensation for the Architect’s professional services and include the actual expenses incurred by the Architect and the Architect’s consultants directly related to a Service Agreement, as follows: … .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 .3 Printing, reproductions, plots, and standard form documents; .5 .4 Postage, handling, and delivery; .6 .5 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 .6 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; and .8 .7 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultant’s expense of professional liability insurance dedicated exclusively to the Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect or the Architect’s consultants, and disclosed by the Architect in writing prior to execution of this Master Agreement or a related Service Agreement; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project-related expenditures. § 9.4.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus percent ( %) of the expenses incurred.Reserved. … § 9.5.1.1 Unless otherwise agreed, payments for services provided pursuant to a Service Agreement shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid ( ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) PAGE 9 § 9.5.1.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. In any 289 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 7 event, the Owner shall not withhold payments to the Architect pertaining to a Service Agreement to offset amounts in dispute under a separate Service Agreement.Reserved. … § 10.1 Each Service Agreement shall be governed by the law of the place where the Project described in the Service Order is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 7.3.located. … § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to each Service Agreement. Neither the Owner nor the Architect shall assign a Service Agreement without the written consent of the other, except that the Owner may assign a Service Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under the Service Agreement, including any payments due to the Architect by the Owner prior to the assignment.other. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with the Service Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of the Service Agreement.Reserved. … § 10.9 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 10.9.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 10.10 A waiver by either party any default or breach by the other party of any terms or conditions of this Master 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. Special terms and conditions that modify applicable to this Master Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) § 11.1 For other than professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold Owner harmless against claims, demands, suits, damages, losses and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the Owner by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Architect or Architect’s consultants, agents or employees. For the professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the architect or Architect’s consultants, agents or employees. 290 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 8 To the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless from any claims, demands, suits, damages, losses and expenses arising from or relating to any claim for violation of intellectual property rights, including without limitation copyright rights arising from or related to the use of any work product provided by Architect or Architect’s consultants, agents or employees. Should Owner be required to bring and action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below Owner 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 Architect was obligated to defend the claim(s) or was obligated to indemnify Owner for a claim(s) or any portion(s) thereof The obligations of this Section 11.1 shall survive termination of this Master Agreement. § 11.2 In the event it becomes necessary for Owner or Architect to retain an attorney to enforce any of the terms or conditions of this Master Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney’s gees and costs, including fees, salary, and costs of in-house counsel to include the City Attorney. § 11.3 The Architect will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations and contracts. In order to satisfy City of Bozeman policy the Architect 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, aga, 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 Architect 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. The Architect shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. PAGE 10 .2 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Master Agreement.) .3 .2 Exhibits: … .4 .3 Other documents: PAGE 11 Jeff Mihelich, City Manager William Hanson, President 291 AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:21:23 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1748514677) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 12:21:23 ET on 08/25/2022 under Order No. 2114327997 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B121™ – 2018, Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) 292 Document B221™ – 2018 Service Order for use with Master Agreement Between Owner and Architect Init. / AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 13:58:50 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1295141424) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document provides the Architect’s scope of services for the Service Order only and is intended to be used with AIA Document B121™–2018, Standard Form of Master Agreement Between Owner and Architect SERVICE ORDER number One made as of the Thirteenth day of September in the year 2022 (In words, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, address, and other information) City of Bozeman 121 N. Rouse Avenue Bozeman, MT 59715 and the Architect: (Name, legal status, address, and other information) Taylor Architects, P.C. dba ThinkOne 101 East Main, Studio One Bozeman, MT 59715 for the following PROJECT: (Name, location, and detailed description) West Side Campus THE SERVICE AGREEMENT This Service Order, together with the Master Agreement between Owner and Architect dated the Thirteenth day of September in the year 2022 (In words, indicate day, month, and year.) form a Service Agreement. The Owner and Architect agree as follows. 293 Init. / AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 13:58:50 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1295141424) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 SERVICES UNDER THIS SERVICE ORDER 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 COMPENSATION 5 INSURANCE 6 PARTY REPRESENTATIVES 7 ATTACHMENTS AND EXHIBITS ARTICLE 1 INITIAL INFORMATION § 1.1 Unless otherwise provided in an exhibit to this Service Order, this Service Order and the Service Agreement are based on the Initial Information set forth below: (Paragraph deleted) § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect may agree to appropriately adjust the schedule, the Architect’s services, and the Architect’s compensation in accordance with the Master Agreement. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. ARTICLE 2 SERVICES UNDER THIS SERVICE ORDER § 2.1 The Architect’s Services under this Service Order are described below or in an exhibit to this Service Order, such as a Scope of Architect’s Services document. § 2.1.1 Basic Services Refer to Exhibit A "Basic Scope of Work", to include: Kick-off work session(s) with prime stakeholders Programming and Early Conceptual Design Site Analysis Community Outreach Cost Modeling § 2.1.2 Additional Services (Describe below the Additional Services the Architect shall provide pursuant to this Service Order or state whether the services are described in documentation attached to this Service Order.) None. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 Unless otherwise provided in an exhibit to this Service Order, the Owner’s anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: .2 Substantial Completion date: 294 Init. / AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 13:58:50 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1295141424) 3 April 2023 ARTICLE 4 COMPENSATION § 4.1 For Basic Services described under Section 2.1.1, the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) Not to exceed $295,000 .2 (Paragraphs deleted) § 4.2 For Additional Services described under Section 2.1.2 or in the Master Agreement, the Architect shall be compensated in accordance with the Master Agreement unless otherwise set forth below: Not applicable § 4.3 For Reimbursable Expenses described in the Master Agreement, the Architect shall be compensated in accordance with the Master Agreement unless otherwise set forth below: $0 (Paragraph deleted) ARTICLE 5 INSURANCE § 5.1 Insurance shall be in accordance with section 3.3 of the Master (Paragraphs deleted) Agreement. (Table deleted) (Paragraphs deleted) ARTICLE 6 PARTY REPRESENTATIVES § 6.1 The Owner identifies the following representative in accordance with Section 1.4.1 of the Master Agreement: Jon Henderson, Strategic Services Director City of Bozeman 121 North Rouse Avenue Bozeman, MT 59715 § 6.2 The Architect identifies the following representative in accordance with Section 1.5.1 of the Master Agreement: William A. Hanson, President Taylor Architects, P.C. dba ThinkOne 101 East Main, Studio One Bozeman, MT 59715 ARTICLE 7 ATTACHMENTS AND EXHIBITS § 7.1 The following attachments and exhibits, if any, are incorporated herein by reference: .1 AIA Document, B121TM-2018, Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders; .2 Other Exhibits incorporated into this Agreement: Exhibit ’A’ – Scope/Schedule/Fee 295 Init. / AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 13:58:50 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1295141424) 4 .3 Other documents: Not applicable. This Service Order entered into as of the day and year first written above. OWNER (Signature)ARCHITECT (Signature) Jeff Mihelich, City Manager William A. Hanson, President (Printed name and title)(Printed name, title, and license number, if required) 296 Additions and Deletions Report for AIA® Document B221™ – 2018 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 13:58:50 ET on 08/25/2022. Additions and Deletions Report for AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 13:58:50 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1295141424) 1 PAGE 1 SERVICE ORDER number One made as of the Thirteenth day of September in the year 2022 … City of Bozeman 121 N. Rouse Avenue Bozeman, MT 59715 … Taylor Architects, P.C. dba ThinkOne 101 East Main, Studio One Bozeman, MT 59715 … West Side Campus … This Service Order, together with the Master Agreement between Owner and Architect dated the Thirteenth day of September in the year 2022 PAGE 2 (State below details of the Project’s site and program, Owner’s contractors and consultants, Architect’s consultants, Owner’s budget and schedule, anticipated procurement method, Owner’s Sustainable Objective, and other information relevant to the Project.) … § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall may agree to appropriately adjust the schedule, the Architect’s services, and the Architect’s compensation. compensation in accordance with the Master Agreement. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. … (Describe below the Basic Services the Architect shall provide pursuant to this Service Order or state whether the services are described in documentation attached to this Service Order.) Refer to Exhibit A "Basic Scope of Work", to include: 297 Additions and Deletions Report for AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 13:58:50 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1295141424) 2 Kick-off work session(s) with prime stakeholders Programming and Early Conceptual Design Site Analysis Community Outreach Cost Modeling … None. PAGE 3 April 2023 … Not to exceed $295,000 .2 Percentage Basis (Insert percentage value) ( ) % of the Owner’s budget for the Cost of the Work, as calculated in accordance with Section 4.4. .3 Other (Describe the method of compensation) … (Insert amount of, or basis for, compensation if other than as set forth in the Master Agreement. Where the basis of compensation is set forth in an exhibit to this Service Order, such as a Scope of Architect’s Services document, list the exhibit below.) Not applicable … (Insert amount of, or basis for, compensation if other than as set forth in the Master Agreement. Where the basis of compensation is set forth in an exhibit to this Service Order, such as a Scope of Architect’s Services document, list the exhibit below.) $0 § 4.4 When compensation identified in Section 4.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner’s budget for the Cost of the Work. § 5.1 Insurance shall be in accordance with section 3.3 of the Master Agreement, except as indicated below: (Insert any insurance requirements that differ from those stated in the Master Agreement, such as coverage types, coverage limits, and durations for professional liability or other coverages.) Agreement. § 5.2 In addition to insurance requirements in the Master Agreement, the Architect shall carry the following types of insurance. 298 Additions and Deletions Report for AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 13:58:50 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1295141424) 3 (List below any other insurance coverage to be provided by the Architect, not otherwise set forth in the Master Agreement, and any applicable limits.) Coverage Limits … (List name, address, and other information.) Jon Henderson, Strategic Services Director City of Bozeman 121 North Rouse Avenue Bozeman, MT 59715 … (List name, address, and other information.) William A. Hanson, President Taylor Architects, P.C. dba ThinkOne 101 East Main, Studio One Bozeman, MT 59715 … (Clearly identify any other exhibits incorporated into this Agreement.) Exhibit ’A’ – Scope/Schedule/Fee PAGE 4 (List other documents, if any, including additional scopes of service forming part of this Service Order.) Not applicable. … Jeff Mihelich, City Manager William A. Hanson, President 299 AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 13:58:50 ET on 08/25/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1295141424) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 13:58:50 ET on 08/25/2022 under Order No. 2114327997 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B221™ – 2018, Service Order for use with Master Agreement Between Owner and Architect, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) 300 + Draft Scope of Work – REV 03 August 23, 2022 PROJECT TEAM ThinkOne Architects Architecture / Prime Consultant Anderson Mason Dale Architects Architecture Aquatics Design Group Aquatics Design 5 Landscape Morrison Maierle Civil; Structural; Mechanical Electrical Plumbing Vermeulens Cost PROJECT UNDERSTANDING Professional design services to perform public engagement and concept design services (Phase 1) and potentially final design (Phase 2) and construction (Phase 3) for a West Side Recreation and Aquatics Center and Library Branch. Phase 1 – Community Engagement and Conceptual Design · The City of Bozeman is considering a Fall 2023 ballot measure in support of a West Side Recreation and Aquatics Center and Library Branch to meet the needs of a growing community. · The consultant hired will build upon previous efforts, including but not limited to a 2012 City of Bozeman Recreation/Aquatics Facility Feasibility Study, and engagement efforts conducted as part of the current Bozeman Public Library renovation project. · Community engagement on what kinds of activities and spaces are needed to serve a diverse and growing community will guide the development of the conceptual design. The consultant will be expected to be familiar with and adhere to the Engage Bozeman framework that guides the City of Bozeman’s community engagement efforts. The consultant will work with City staff to develop a community engagement plan to clarify the scope of the engagement process and how input will influence different aspects of the conceptual design of the new facility. The consultant will be expected to implement the community engagement plan using creative and accessible tools and techniques to gather input from the broader community as well as specific groups. Input gathered during the engagement process will guide the resulting conceptual design. · Previous studies have identified the following profile for the project: 70,000 SF recreation center and indoor aquatics 33,000 SF outdoor aquatics facilities 33,000 SF branch library · Creative and efficient use of shared public spaces are critical to the success of this project, as the City of Bozeman strives to provide a campus style setting for a community and cultural center in a growing area of town to serve a diverse population. · The site has been identified as approximately 9 acres of land on the northeast corner of Durston and Cottonwood Roads. Conceptual design should include site analysis to include site improvements necessary to complete the project, including but not limited to geotechnical and survey work, pedestrian circulation, street improvements, parking layouts, landscape strategies, stormwater treatment and management. · High performance construction standards to be coordinated with Bozeman’s adopted Climate Plan, in addition to drought tolerant landscaping and other water conservation efforts. · A marketing package will be required to help communicate the proposed project to voters PROJECT SCHEDULE September 2022 to April 2023 BASE SCOPE OF WORK · Kick-off work session(s) with prime stakeholders o Review overall process, schedule, current relevant information o Review community outreach process, protocols o Identify touchpoints for design team interface w stakeholders, community – focus groups, open houses, events · Programming and Early Conceptual Design Exhibit A 301 + Draft Scope of Work – REV 03 August 23, 2022 o Meet with client agency leadership team (Recreation, Aquatics, Library) to discuss, establish vision parameters for the project o Meet with client agency staff to assemble inventory of facility space needs, requirements, standards to support assembly of preliminary space program o Focused efforts to define aquatics program (indoor and outdoor) o Develop room sheet diagrams articulating size and primary infrastructure requirements o Concurrent concept explorations at a macro level focused on site diagramming: block plan diagrams, general adjacencies, site access and amenities, initial building massing; up to (3) conceptual site strategies will be explored for consideration o Tabulated space program summary with accompanying room sheet diagrams and site diagrams o Design narratives articulating proposed building and site systems (structural, architectural, mechanical, site infrastructure) · Site Analysis o Traffic study o Preliminary geotechnical work, based on preferred concept studies o Preliminary survey work – boundary, utilities, topography o Meetings with Bozeman Public Works Division to review, discuss development requirements · Community Outreach o Architecture camp – (2) cycles, conducted during (2) days in Bozeman, at a venue proximate to the site o Focus groups (in-person and/or virtual sessions) o Open houses – (3) in-person sessions o Preparation and collateral generation for all sessions · Cost Modeling o Develop initial cost model scenarios developed concurrently with programming and early concept design efforts; developed based on site strategies, infrastructure, spatial types, building systems unit cost o Two cost model updates coinciding with early concept design efforts as they evolve, and directed by target value design strategies o One cost model update coinciding with advanced concept design work ADDITIONAL SCOPE OF WORK · Conceptual Design (Advanced) o Further review of initial explorations will move from macro to micro – working toward floor plan diagrams, refined building massing, and character studies o Conceptual landscape strategies o Diagram floor plans, massing o Precedent research of comparable facilities; character boards depicting precedent concepts – spatial, massing, materiality, programs, exteriors, landscapes o Up to (2) conceptual strategies will be developed to allow for selection of a preferred direction · Collateral Package o Illustrative site plan o Conceptual plan diagrams o 3-D massing vignettes o Character vignettes – exterior and interior o Infographics o Final cost model o Digital publication with concept narratives o These assets are to be highlighted on any of the following: singular website platform, social media, brochures, signage, and/or mailings. Optional services: · Precedent facility visits, tours with city staff · Advanced conceptual design to support video flythroughs 302 + Draft Scope of Work – REV 03 August 23, 2022 · Physical massing model built in wood and acrylic Proposed Timeline July 2022 Design Team Selection August 2022 Contract Negotiation September 2022 Project kickoff w city of Bozeman stakeholders – review goals, objectives, protocols, workplan Review of all relevant information and findings from past, recent city efforts; Site visit; collect, prepare site plan exhibits Workshop (virtual) - develop criteria, metrics for concept evaluations October 2022 Site visit; site analysis; Programming, space needs Workshop (virtual) – initial program, space needs; target value analysis, cost modeling review November 2022 Programming, space needs refinement Conceptual site studies Cost modeling scenarios Workshop (in-person) Workshop, Architecture Camp in Bozeman Public meeting – project awareness; community aspirations; site review; initial program review; input on drivers, strategies to inform concept iterations December 2022 Concept site studies; block diagrams; building massing Program confirmation informed by concept studies Cost modeling scenarios; review and adjustments HOLIDAYS January 2022 Conceptual design studies, development; cost modeling alternatives Workshop (in person) Workshop, Architecture Camp in Bozeman February 2022 Advanced conceptual design studies, development Workshop (in person) Public meeting – conceptual design presentation; collect input on character, vernacular, inspiration of place March 2022 Collateral Package development Cost modeling - adjustment for scope & budget alignment Review, confirm collateral content Public meeting – preview final conceptual design April 2023 Final Collateral Package incl. Project Cost Model 303 Bozeman West Side Campus Proposal for Professional Design Services Programming / Public Outreach / Initial Concept Design Team Members / Services Direct Costs Reimbursable Exp.Total Cost ThinkOne Architects (Architecture, Management)$45,000 $0 incl.$45,000 AMD Architects (Architecture Design)$188,000 $0 incl.$188,000 Aquatic Design Group (Aquatics / Recreation)$20,000 $0 incl.$20,000 Design 5 (Landscape Design)$2,000 $0 incl.$2,000 MMI (Civil Engineering)$2,500 $0 incl.$2,500 MMI (Structural Engineering)$1,500 $0 incl.$1,500 MMI (MEP Engineering)$1,500 $0 incl.$1,500 Site Survey (MMI)$5,000 $0 incl.$5,000 Traffic Study (MMI - Tom Eastwood)$17,000 $0 incl.$17,000 Geotechnical Investigation (Allied Engineering)$12,500 $0 incl.$12,500 Phase Total $295,000 $0 $295,000 Enhanced Concept Design - Program Validation - Detailed Costing Effort Team Members / Services Direct Costs Reimbursable Exp.Total Cost ThinkOne Architects (Architecture, Management)$30,000 $0 incl.$30,000 AMD Architects (Architecture Design)$80,000 $0 incl.$80,000 Aquatic Design Group (Aquatics / Recreation)$13,000 $0 incl.$13,000 Design 5 (Landscape Design)$4,500 $0 incl.$4,500 MMI (Civil Engineering)$5,000 $0 incl.$5,000 MMI (Structural Engineering)$2,500 $0 incl.$2,500 MMI (MEP Engineering)$2,500 $0 incl.$2,500 Phase Total $137,500 $0 $137,500 Total All Proposed Design Services $432,500 Bozeman West Side Campus Fee Proposal_Rev 3.xlsx 8/24/2022 304 Page 1 of 14 REQUEST FOR QUALIFICATIONS (RFQ) AND PROPOSALS (RFP) WEST SIDE RECREATION AND AQUATICS CENTER AND LIBRARY BRANCH COMMUNITY ENGAGEMENT AND CONCEPTUAL DESIGN PROFESSIONAL ARCHITECTURAL SERVICES CITY OF BOZEMAN Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 June 2022 305 Page 2 of 14 NOTICE IS HEREBY given that the City of Bozeman (City), is seeking a request for qualifications and a request for proposals (hereafter collectively referred to as “proposals” or “responses”) from firms qualified to provide perform public engagement and concept design services (Phase 1) and potentially final design (Phase 2) and construction (Phase 3) services in anticipation of construction of a West Side Recreation and Aquatics Center and Library Branch at a location yet to determined. Copies of the request for qualifications and request for proposals are available on the City’s website at https://www.bozeman.net/government/city-clerk/bids-rfps-rfqs. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFQ-RFP recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFQ-RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. Deliver RFQs via email to the City Clerk by June 23, 2022 at 3:00 p.m. MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The email address for submission is: agenda@bozeman.net NON-DISCRIMINATION AND EQUAL PAY The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this RFQ-RFP on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ- RFP and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, 306 https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. Failure to comply with the above may be cause for the City to deem the submittal non-responsive. Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk (406) 582-2321, agenda@bozeman.net. Questions relating to the RFQ-RFP should be directed to: Jon Henderson, Strategic Services Director, (406) 582-2250, jon.henderson@bozeman.net DATED at Bozeman, Montana, this June 5, 2021 Mike Maas City Clerk City of Bozeman For publication on: Sunday, June 5 Sunday, June 12 307 I. INTRODUCTION The City of Bozeman is seeking qualifications and proposals from qualified firms to perform public engagement and concept design services (Phase 1) and potentially final design (Phase 2) and construction (Phase 3) services in anticipation of construction of a West Side Recreation and Aquatics Center and Library Branch at a location yet to determined. Upon completion of Phase 1, the City may, at its discretion and further subject to available funding, request additional professional services from the selected firm to complete final design and construction for the project. The scope of the project will be determined based on multiple factors including obtainable priorty needs as identified in the conceptual design process, and the City’s desire to continue with the selected consultant. The selection under this procurement action will be based on all scope of services outlined below notwithstanding Phase 2 or Phase 3 being potential additional services. This RFQ-RFP shall not commit the City to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The City reserves the right to accept or reject all responses received as a result of this RFQ-RFP if it is in the City’s best interest to do so. This procurement is governed by the laws of the State of Montana and venue for all legal proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFQ-RFP, all Submitters agree to be bound by the laws of the State of Montana and of the City, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. II. SCOPE OF SERVICES Phase 1 – Community Engagement and Conceptual Design The City is considering a fall 2023 ballot measure in support of a West Side Recreation and Aquatics Center and Library Branch to meet the needs of a growing community. The consultant hired will build upon previous efforts, including but not limited to a 2012 City of Bozeman Recreation/Aquatics Facility Feasibility Study, and engagement efforts conducted as part of the current Bozeman Public Library renovation project. Community engagement on what kinds of activities and spaces are needed to serve a diverse and growing community will guide the development of a conceptual design. The consultant will be expected to be familiar with and adhere to the Engage Bozeman framework that guides the City’s community engagement efforts. The consultant will work with City staff to develop a community engagement plan to clarify the scope of the engagement process and how input will influence different aspects of the conceptual design of the new facility. The consultant will be expected to implement the community engagement plan using creative and accessible tools and techniques to gather input from the broader community as well as specific groups. Input gathered during the engagement process will guide the resulting conceptual design. 308 Previous studies identified the need for approximately70,000 square feet of indoor aquatics and recreation center facilities in addition to roughly 33,000 square feet of outdoor aquatics facilities. Library services will require approximately 33,000 square feet, including but not limited to the following items: • Bookmobile Loading Dock / Garage • Large Community Meeting Room Space (>300p) • Small Community Meeting Room Space (4p-16p) • Hands-On Learning Labs • Dedicated Children’s Area • Study Rooms • Office Space for Staff • Café (associated with the Friends of the Library) • Drive-Thru Automatic Materials Handler Dropoff/Pickup Creative and efficient use of shared public spaces are critical to the success of this project, as the City strives to provide a campus style setting for a community and cultural center in a growing area of town to serve a diverse population (north of Main St. and west of 19th Ave.). Conceptual design should include a rough site analysis when a potential location is identified to include site improvements necessary to complete the project, including but not limited to pedestrian circulation, street improvements, parking, and groundwater mitigation efforts. Efforts should also be made to include high performance construction standards wherever possible as it relates to the City’s adopted Climate Plan, in addition to drought tolerant landscaping and other water conservation efforts. In addition to the concept design, the consultant will be tasked with the development of a marketing package to help communicate the proposed project to voters. Total project costs based on conceptual design will need to be estimated no later than April 2023 to be included in the required budget documents and bond materials. Upon completion of Phase 1, the City may, at its discretion and further subject to available funding, request additional professional services from the selected firm to complete final design and construction for the project (Phases 2 and 3). Phase 2 – Final Design Upon successful completion of conceptual design the City may work with the consultant to complete final design contingent upon voter approval. The consultant may work with the City to provide all services necessary to develop construction bid documents. Phase 3 – Consruction 309 The successful consultant may work with the City to select a General Contractor/Construction Manager (GCCM) to ensure constructability and cost efficiency. The selected firm may work with the GCCM to provide all services necessary to bidding the project and coordinate in oversight of the construction activities of the project. All work must be in compliance with all applicable requirements under Montana and Federal laws and regulations. The City reserves the right to pursue subsequent selection processes for any future project(s) at their sole discretion should fundraising efforts be successful. This project will be under intense scrutiny by public officials, the media, and the citizens. It is imperative that it be managed and constructed with the utmost regard to cost, schedule, and quality control by all participants. The integrity, reputation, skills and performance of the firm must be of the highest caliber to maintain confidence in the project. III. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS As the initial submittal to the City, RFQs MUST BE DELIVERED NO LATER THAN 3:00 PM, MOUNTAIN TIME, June 23, 2022, to the following email address: agenda@bozeman.net. RESPONSES THAT ARE UNSIGNED OR SUBMITTED BEYOND THE DEADLINE SHALL NOT BE CONSIDERED AND SHALL BE REJECTED. A. Contact Information ALL QUESTIONS AND CONTACTS REGARDING THIS RFQ-RFP MUST BE SUBMITTED IN WRITING NO SOONER THAN JUNE 6, 2022, AND NO LATER THAN JUNE 21, 2022 TO: Jon Henderson, Strategic Services Director P.O. Box 1230 Bozeman, MT 59771-1230 (406) 582-2250 jon.henderson@bozeman.net Amendments to Solicitation Any interpretation or correction of this request will be published on the City’s webpage. The opportunity for questions related to this document begins on June 6, 2022, with a deadline for all questions to be submitted by 12:00 PM MST on June 21, 2022. B. Selection Timeline Advertising dates: June 5, 2022 and June 12, 2022 Receipt of RFQ-RFPs: No later than 3:00 p.m. MST June 23, 2022 310 RFQ-RFP Review Complete by Committee: July 6, 2022 Notice of Interviews for Qualified Repondents: July 7, 2022 Interviews: July 14, 2022 Selection: July 15, 2022 With the exception of the advertising dates and advertised due date, the City reserves the right to modify the above timeline. IV. SELECTION PROCEDURE A. STATEMENT OF QUALIFICATIONS/PROPOSALS Respondents to this RFQ/RFP (“Respondents”) must comply with the mandatory requirements provided in this solicitation. The selection process shall be conducted pursuant to all applicable Montana law including those criteria set forth in §18-8-204, MCA and applicable City policy. 1. Evaluation of Proposals. The selection committee will review conforming responses using the criteria listed below. Responses to this RFQ/RFP that do not contain the required documentation will be deemed nonresponsive to this solicitation and may be rejected. 2. Revisions. Responses will be accorded fair and equal treatment with respect to opportunity for discussion and revision of responses, and such revisions may be permitted, after submissions and prior to award for the purpose of obtaining best and final responses. 3. Evaluation & Elimination. After evaluating all conforming responses based on the criteria herein the selection committee may eliminate one or more or all Respondents from further review if they do not meet the qualification criteria specified herein. Any Respondents eliminated by the selection committee, at any time, or for any reason, shall have no opportunity to make revisions or participate further in the selection process. 4. Interviews. After reviewing conforming responses, the selection committee may decide to schedule interviews with qualified Respondents. Interviews will be conducted virtually. Each firm selected for interview will be notified of the specific time for their interview. The format of the interview will be left up to the proposing firm; however, interviews will be [45] minutes inclusive of questions from the selection committee, with 15 minutes between interviews for transitions and set up between Respondents. 5. Selection and Final Recommendation. The selection committee will tally the scores for the responses to this RFQ/RFP. At that time contract negotiations will take place between the City and successful Respondent. The City may negotiate a contract with the next highest ranked Respondent if a contract cannot be made. B. RESPONSES – FORM OF CONTENTS 311 Submit one (1) original digital copy in a single, searchable PDF document file to the following email address: agenda@bozeman.net, prepared as follows: i. General Instructions: a. RFQ-RFP responses must be signed by an officer or principal of your firm. b. RFQ-RFP responses must be contained in a single searchable PDF document not to exceed 20 pages total including whatever pictures, charts, graphs, tables, and text the firm deems appropriate to be part of the review of the firm's qualifications. A separate transmittal letter, cover page, cover sheets, and dividers are exempted from the page limit. c. Schedules may be submitted in addition to the page limit. ii. Response Contents: a. Title Page. The title page shall include the firm/individual name, address, contact, telephone number and email address to contact for information regarding the proposal. The title page must bear the signature of authorized representative of the Respondent and designates, by name, not more than two individuals authorized to sign agreements with the City on behalf of the Respondent. b. Executive Summary. This section shall provide an overview of the proposal and the Respondent’s understanding of the City’s needs. The summary should also include any experience the Respondent wishes to highlight, as well as any relevant conditions or restrictions. c. Prime Firm/ Team Profile(s) and Key Project Individuals. Provide information about the firm, including location and number of employees. Describe the firm’s history. Include information identifying the firm’s annual volume of business, financial/bonding capacities, and speak to the firm’s stability in the marketplace. Information identifying the firm’s strengths and weaknesses along with special capabilities that may be appropriate to the Project will assist in the evaluation. Brief resumes shall be provided for each key project individual. Any proposed subcontractors should be clearly identified and their profiles described. Key staff may not be replaced once a contracting firm has been selected without prior approval of the City. d. Experience. Respondent must demonstrate successful experience and capacity to act as a contractor on projects of similar size, type and complexity. Provide the name and location of each project, the client, and the contact person and phone number. Describe experience and qualifications of the professional personnel to be assigned to this project. Describe your recent and current work for the City of Bozeman, if any. 312 e. Firm Workload. Provide the status of current and anticipated work within the firm in terms of time and magnitude for the anticipated Project schedule as it relates to availability of key personnel and your firm. Describe the firm’s capability to meet time and project budget requirements. f. Claims. At any time in the last ten (10) years has your firm been assessed and paid liquidated damages after completion of a project under a contract with a public owner? g. Project Approach. Describe your approach to the Project Scope. i. Describe your process for gathering information and input from key constituents and the broader community. Include examples of community engagement tools and techniques your team has experience implementing. ii. Describe a community engagement process your team implemented as a part of a past project. What input was gathered? What was the timeline? Did community input influence the outcomes or deliverables? Provide a timeline and specific processes for this part of the process. iii. How will the Prime Firm/Team provide ongoing, on-demand, in-person, and cost-effective support for the community engagement and the master planning process? iv. Describe the expertise of the Prime Firm/Team in knowledge, skills, and abilities related to design of public spaces in a diverse community. v. Describe the elements of a marketing package you will produce to aid in fundraising. vi. Describe your experience with high performance construction standards and sustainable building practices including LEED certification. h. References. Please provide name and contact information for at least three references for projects completed in the last two years. i. Affirmation of nondiscrimination and equal pay (see Attachment A). Noncompletion of the Affirmation form is cause for disqualification of Respondents. C. EVALUATION CRITERIA Qualifications and proposals will be evaluated by the Selection Committee who will individually score them out of a total of 100 possible points based on the criteria below.The scoring criteria and possible point values are: 313 1. Respondent’s approach to the Project: Possible Points: 40 2. Respondent’s experience with projects of similar size and design: Possible Points: 20 3. Qualifications of Firm and Key Personnel to be assigned to this Project: Possible Points: 20 4. Capabilities to meet time schedule and project budget requirements. Possible Points: 10 5. Present and projected workloads: Possible Points: 6 6. Past projects/experience working with the City of Bozeman: Possible Points: 2 7. Office(s) location: Possible Points: 2 V. FORM OF AGREEMENT The successful firm will be expected to approve and authorize the form of agreement included in Attachment B. VI. CITY RESERVATION OF RIGHTS All proposals submitted in response to this RFQ-RFP become the property of the City and public records and, as such, may be subject to public review. A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE 314 CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE. A. This RFQ-RFP may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises this RFQ-RFP, all Respondents who submitted will be notified using email. B. The City reserves the right to accept or reject any and all submissions; to add or delete items and/or quantities; to amend the RFQ-RFP; to waive any minor irregularities, informalities, or failure to conform to the RFQ-RFP; to extend the deadline for submitting proposals; to postpone award for up to 60 days; to award one or more contracts, by item or task, or groups of items or tasks, if so provided in the RFQ-RFP and if multiple awards are determined by the City to be in the public interest. C. The City reserves the right to reject the submission of any person/firm who previously failed to perform properly to the satisfaction of the City, or complete on time agreements of similar nature, or to reject the submission of any person/firm who is not in a position to perform such an agreement satisfactorily as determined by the City. D. The City reserves the right to determine the best qualified Respondents and negotiate a final scope of service and cost, negotiate a contract with another Respondents if an agreement cannot be reached with the first selected Respondents, or reject all proposals. E. The professional services contract between the City of Bozeman and the successful firm will incorporate the firm's scope of service and work schedule as part of the agreement (see Attachment B for form of Architectural services agreement). The professional services agreement presented to the firm may differ from this form as appropriate for the scope of services). F. This RFQ-RFP does not commit the City to award a contract. The City assumes no liability or responsibility for costs incurred by Respondents in responding to this request for qualifications or request for interviews, additional data, or other information with respect to the selection process, prior to the issuance of an agreement, contract or purchase order. The Respondents, by submitting a response to this RFQ-RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFQ-RFP. G. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not limited to: selection procedures, submittal date, and submittal requirements. If the City cancels or revises this RFP, all firms who submitted proposals will be notified using email. H. Projects under any contract are subject to the availability of funds. VII. ACCESSIBILITY 315 Deliverables must comply with the Americans with Disabilities Act. To comply with the ADA, documents posted online, including, but not limited to, Adobe PDF files, Microsoft Word documents, Microsoft PowerPoint presentations, and online flipbooks, must be screen-reader friendly. Accessible documents are often part of web-based information or used for support documents. Therefore, under Section 508 standards and WCAG accessibility guidelines, it is critical to ensure all support documents made available to end users can be accessed by people with disabilities. Therefore, any digital material created for the City of Bozeman and its websites will maintain the requirements outline in WCAG 2.0 AA Convention guidelines, Section 508 "Electronic & Accessibility Standards" of the U.S. Rehabilitation Act, the Usability.gov accessibility Guidelines, and ADA Title II State & Local Government nondiscrimination requirements. VIII. NONDISCRIMINATION AND EQUAL PAY POLICY The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form provided, that it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, sexual preference, gender identity, or disability in fulfillment of a contract entered into for the services identified herein and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts it enters into in the fulfillment of the services identified herein. Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive. The City also requires each entity submitting under this notice shall affirm it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. IX. MISCELLANEOUS A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of the City shall affect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City officer, employee or agent shall not be considered binding. B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. C. Employment Restriction and Indemnity. No person who is an owner, officer, employee, contractor, or consultant of a respondent shall be an officer or employee of the City. No rights of the City’s retirement or personnel rules accrue to a respondent, its officers, employees, contractors, or consultants. Respondents shall have the responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease 316 compensation, insurance, unemployment compensation other benefits and taxes and premiums appurtenant thereto concerning its officers, employees, contractors, and consultants. Each Respondent shall save and hold the City harmless with respect to any and all claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums in any way related to each respondent’s officers, employees, contractors and consultants. D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons with sensory impairments. For further information please contact the ADA Coordinator Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301. E. Procurement. When discrepancies occur between words and figures in this solicitation, the words shall govern. No responsibility shall attach to a City employee for the premature opening of an SOQ not properly addressed and identified in accordance with these documents. F. Governing Law. This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. X. ATTACHMENTS The following exhibits are incorporated in this RFQ-RFP: Attachment A: Non-Discrimination and Equal Pay Affirmation Attachment B: Form of Architectural Services Agreement END OF RFQ-RFP 317 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 318 Document B121™ – 2018 Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document does not contain a description of the Architect’s scope of Services and related terms. This document is intended to be used in conjunction with AIA Document B221™–2018, Service Order for use with Master Agreement Between Owner and Architect AGREEMENT made as of the day of in the year (In words, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, address, and other information) City of Bozeman 121 N. Rouse Ave. Bozeman, MT 59771 and the Architect: (Name, legal status, address, and other information) The Owner and Architect agree as follows. 319 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 2 TABLE OF ARTICLES 1 MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES 2 SERVICE ORDERS 3 ARCHITECT’S RESPONSIBILITIES 4 ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COPYRIGHTS AND LICENSES 7 CLAIMS AND DISPUTES 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS 9 COMPENSATION 10 MISCELLANEOUS PROVISIONS 11 SPECIAL TERMS AND CONDITIONS 12 SCOPE OF THIS MASTER AGREEMENT ARTICLE 1 MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES § 1.1 This Master Agreement shall be effective for one year after the date first written above ("Date of this Master Agreement"). § 1.2 This Master Agreement shall apply to all Service Orders agreed to by the Parties within the term of this Master Agreement until completion of the Service Order. In the event of a conflict between terms and conditions of this Master Agreement and a Service Order, the terms of the Service Order shall take precedence for the services provided pursuant to the Service Order. An agreed upon Service Order together with this Master Agreement form a Service Agreement. A Service Agreement represents the entire and integrated agreement between the parties, and supersedes prior negotiations, representations, or agreements, either written or oral. A Service Agreement may be amended or modified only by a Modification. § 1.3 This Master Agreement will renew on an annual basis, on the day and month of the Date of this Master Agreement, unless either party provides notice of their intent not to renew this Master Agreement. Notice must be provided at least 60 days prior to the renewal date. In the event either party elects not to renew this Master Agreement, the terms of this Master Agreement shall remain applicable until all Service Orders under this Master Agreement are completed or terminated. § 1.4 The Owner identifies the following representative authorized to act on the Owner’s behalf with respect to this Master Agreement: § 1.4.1 In each Service Order, the Owner will identify a representative authorized to act on the Owner’s behalf with respect to the Service Order. 320 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 3 § 1.5 The Architect identifies the following representative authorized to act on the Architect’s behalf with respect to this Master Agreement: § 1.5.1 In each Service Order, the Architect will identify a representative authorized to act on behalf of the Architect with respect to the Service Order. § 1.6 Nothing contained in this Master Agreement or in a Service Order shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. ARTICLE 2 SERVICE ORDERS § 2.1 The Owner is not required to issue any Service Orders under this Master Agreement. § 2.2 The Architect may decline to accept any Service Order issued by the Owner. § 2.3 The Architect shall perform the services set forth in each agreed upon Service Order, consisting of AIA Document B221-2018, Service Order, or such other document as the Owner and Architect may mutually agree upon. Each Service Order shall state the name, location, and detailed description of the Project; describe the Architect’s Services; state the Architect’s compensation; and list the attachments and exhibits incorporated by reference. ARTICLE 3 ARCHITECT’S RESPONSIBILITIES § 3.1 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the services provided pursuant to a Service Agreement. § 3.2 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Master Agreement or any Service Agreement. § 3.3 The Architect shall maintain the following insurance until termination of this Master Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 9.4. The Owner shall be endorsed as additional insured on the Architect’s primary and excess insurance policies for General Liability and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. Upon request by the Owner, the Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements of this Section 3.3. The insurance requirements of the Section 3.3 shall also apply in full to all consultants hired by Architect to perform any portion of a Service Order, provided Architect and Owner my mutually agree in writing to different coverage limits for Architect’s consultants. .1 General Liability With policy limits of not less than One Million Five Hundred Thousand Dollars ($1,500,000.00) for each occurrence and Three Million Dollars ($3,000,000.00) annual aggregate for bodily injury and property damage. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. .2 Automobile Liability 321 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 4 Covering vehicles owned or used by the Architect with policy limits of not less than One Million Dollars ($1,000,000.00) for bodily injury and property damage per claim. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. .3 Workers’ Compensation Workers’ Compensation at the statutory limits and Employers Liability with policy limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. .4 Professional Liability With policy limits of not less than Two Million Dollars ($2,000,000.00) per claim, Two Million Dollars ($2,000,000.00) in the aggregate. § 3.4 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on the accuracy and completeness of the services and information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.5 The Architect shall not be responsible for an Owner’s directive or substitution made without the Architect’s approval. § 3.6 The Architect shall manage the Architect’s services, research applicable design criteria, attend project meetings, communicate with members of the project team and report progress to the Owner. § 3.7 As soon as practicable after the date of this Service Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. § 3.8 As soon as practicable after award of the Service Agreement, the Architect shall furnish in writing to the Owner the names of consultants proposed for portions of the scope of a Service Order. The Owner may reply within 14 days to the Architect in writing stating (1) whether the Owner has reasonable objection to any such proposed consultant or (2) that the Owner requires additional time for review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. Architect shall not contract with a proposed consultant to whom the Owner has made reasonable and timely objection. § 3.9 Architect shall not substitute a consultant previously selected without written consent of the Owner. Architect shall notify the Owner of any proposed substitution a minimum of ten (10) days prior to a proposed change. ARTICLE 4 ADDITIONAL SERVICES § 4.1 The Architect may provide Additional Services after execution of a Service Order without invalidating the Service Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Article 4 shall entitle the Architect to compensation pursuant to Section 9.3. § 4.2 Unless otherwise provided in a Service Order, upon recognizing the need to perform the following Additional Services, as they relate to the services provided pursuant to the Service Order, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) 322 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 5 contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients; .6 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; (Paragraph deleted) .7 Consultation concerning replacement of Work resulting from fire or other cause during construction. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 The Owner shall provide information in a timely manner regarding requirements for and limitations of each Service Order. § 5.2 The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants as designated in an individual Service Order, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates to the Owner’s satisfaction that they are reasonably required by the scope of the Service Order. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.4 The Owner shall furnish all legal, insurance, and accounting services, including auditing services, that may be reasonably necessary at any time to meet the Owner’s needs and interests under a Service Agreement. § 5.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the services or work related to a Service Agreement, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. (Paragraph deleted) § 5.6Reserved. ARTICLE 6 COPYRIGHTS AND LICENSES § 6.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use in relation to a Service Agreement. § 6.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with a Service Agreement is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 6.3 The Architect grants to the Owner an irrevocable, perpetual, fully paid, nonexclusive license to use the Architect’s Instruments of, provided that the Owner substantially performs its obligations to promptly pay all sums when due pursuant to Articles 8 and 9. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Master Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 10.9. § 6.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising 323 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 6 from such uses. The terms of this Section 6.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 8.4. § 6.4 Except for the licenses granted in this Article 6, no other license or right shall be deemed granted or implied under this Master Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. § 6.5 Except as otherwise stated in Section 6.3, the provisions of this Article 6 shall survive the termination of this Master Agreement. ARTICLE 7 CLAIMS AND DISPUTES § 7.1 General § 7.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to any Service Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Master Agreement and within the period specified by applicable law, but in any case not more than 10 years after the completion of the services provided pursuant to a specific Service Agreement, whichever is sooner. Completion of the services pursuant to a specific Service Agreement shall be the date of Substantial Completion of construction related to the services performed pursuant to the Service Agreement or, where there is no construction work related to a Service Agreement, the date the Architect completes its services under the Service Agreement. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 7.1.1. § 7.1.2 Pending final resolution of any controversy, claim, or dispute arising out of the Service Agreement, except as otherwise agreed by the parties in writing the Architect shall proceed diligently with performance of the Service Agreement and the Owner shall continue to make payments in accordance with the Service Agreement. (Paragraph deleted) § 7.2 Mediation § 7.2.1 Any claim, dispute or other matter in question arising out of or related to a Service Agreement shall be subject to mediation as a condition precedent to litigation in court of competent jurisdiction. § 7.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by a Dispute Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and Procedural Manual. The parties must enter into a separate agreement establishing, among others, the scope of the work of the DRB, the responsibilities of the parties, the time for completion of the DRB’s process, payment to DRB members and whether the decision or findings of the DRB will be binding or admissible in other proceedings. The parties may, by mutual agreement, submit to mediation administered by a neutral third party mediator in accordance with American Arbitration Association procedures in effect on the date the claim is made in lieu of a DRB. § 7.2.3 The parties shall share the mediator’s fee and any filing fees equally. The parties shall bear their own attorneys’ fees, expert witnesses’ fees, costs and expenses in the mediation. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. (Paragraphs deleted) § 7.3 Arbitration § 7.3.1 Claims, disputes or other matters in controversy arising out of or related to the Service Agreement may, by mutual written agreement, be subject to arbitration. In the event the parties agree to utilize an arbitration process, it shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Master Agreement. A request for arbitration shall be made in writing, delivered to the other-party, and must contain all claims then known to that party on which arbitration is permitted. In the event the other party is not willing to submit the matter to arbitration, the dispute shall be resolved through the judicial forum available to the parties. 324 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 7 § 7.3.1.1 A request for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written request for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 7.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Master Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 7.3.3 If the parties mutually agree to arbitration, the award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 7.3.4 Consolidation or Joinder § 7.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Master Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 7.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration. The Owner and the Architect agree that all parties necessary to resolve a claim shall be parties to the same dispute resolution procedures provided for in this Agreement. Appropriate provisions will be included in all other contracts related to a Service Order to provide for the joinder or consolidation of such dispute resolution procedures. (Paragraph deleted) § 7.4 The provisions of this Article 7 shall survive the termination of a Service Agreement. ARTICLE 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS § 8.1 If the Owner fails to make payments to the Architect in accordance with a Service Agreement, such failure shall be considered substantial nonperformance and cause for termination of the Service Agreement or, at the Architect’s option, cause for suspension of performance of services under the Service Agreement for which the Owner failed to make payment. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any reasonable expenses incurred in the interruption and resumption of the Architect’s services. § 8.2 If the services under a Service Agreement have been suspended by the Owner, the Architect shall be compensated for services performed prior to notice of such suspension. When the services under the Service Agreement are resumed, the Architect shall be compensated for reasonable expenses incurred in the interruption and resumption of the Architect’s services. § 8.3 If the Owner suspends the services under a Service Agreement for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate the Service Agreement by giving not less than seven days’ written notice. § 8.4 Either party may terminate a Service Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of the Service Agreement, through no fault of the party initiating the termination. Termination of a Service Agreement under this Section 8.4 shall not be deemed a termination of other Service Agreements under this Master Agreement. § 8.5 The Owner may terminate a Service Agreement, upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 8.6 In the event of termination of a Service Agreement not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. § 8.7 325 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 8 (Paragraphs deleted) Reserved. § 8.8 Except as otherwise expressly provided herein, a Service Agreement shall terminate one year from the date of Substantial Completion. § 8.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of termination of a Service Agreement are set forth in Article 6 and Section 9.5 of this Master Agreement. ARTICLE 9 COMPENSATION § 9.1 The Owner shall compensate the Architect for the services described in a Service Order pursuant to the Service Order and as set forth in this Article 9. § 9.2 Except as otherwise set forth in a Service Order, the hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth below. The rates may be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices provided Owner consents to such adjustment in writing. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate ($0.00) § 9.3 Except as otherwise set forth in a Service Order, the Owner shall compensate the Architect for Additional Services designated in Article 4 as follows: (Paragraph deleted) § 9.4 Compensation for Reimbursable Expenses § 9.4.1 Unless otherwise indicated on the Service Order, Reimbursable Expenses are in addition to compensation for the Architect’s professional services and include the actual expenses incurred by the Architect and the Architect’s consultants directly related to a Service Agreement, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Permitting and other fees required by authorities having jurisdiction over the Project; .3 Printing, reproductions, plots, and standard form documents; .4 Postage, handling, and delivery; .5 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .6 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; and .7 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultant’s expense of professional liability insurance dedicated exclusively to the Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect or the Architect’s consultants, and disclosed by the Architect in writing prior to execution of this Master Agreement or a related Service Agreement; (Paragraphs deleted) § 9.4.2 Reserved. § 9.4.3 Reimbursable Expenses will be allocated to each Service Agreement. § 9.5 Payments to the Architect § 9.5.1 Progress Payments § 9.5.1.1 Unless otherwise agreed, payments for services provided pursuant to a Service Agreement shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. % 326 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 9 § 9.5.1.2 Reserved. § 9.5.1.3 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 Each Service Agreement shall be governed by the law of the place where the Project described in the Service Order is located. § 10.2 Notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to each Service Agreement. Neither the Owner nor the Architect shall assign a Service Agreement without the written consent of the other. § 10.4 Reserved. § 10.5 Unless otherwise required in a Service Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.6 The Architect shall have the right to include photographic or artistic representations of the design of the Projects for which services are performed among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Projects to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Projects. This Section 10.6 shall survive the termination of a Service Agreement unless the Owner terminates a Service Agreement for cause pursuant to Section 8.4. § 10.7 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party may disclose such information as required by law or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity. The Party receiving such information may also disclose it to its employees, consultants or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.7. § 10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. § 10.9 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. (Paragraph deleted) § 10.10 A waiver by either party any default or breach by the other party of any terms or conditions of this Master 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. ARTICLE 11 SPECIAL TERMS AND CONDITIONS Special terms and conditions applicable to this Master Agreement are as follows: 327 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 10 (Include other terms and conditions applicable to this Agreement.) § 11.1 For other than professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold Owner harmless against claims, demands, suits, damages, losses and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the Owner by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Architect or Architect’s consultants, agents or employees. For the professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the architect or Architect’s consultants, agents or employees. To the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless from any claims, demands, suits, damages, losses and expenses arising from or relating to any claim for violation of intellectual property rights, including without limitation copyright rights arising from or related to the use of any work product provided by Architect or Architect’s consultants, agents or employees. Should Owner be required to bring and action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below Owner 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 Architect was obligated to defend the claim(s) or was obligated to indemnify Owner for a claim(s) or any portion(s) thereof The obligations of this Section 11.1 shall survive termination of this Master Agreement. § 11.2 In the event it becomes necessary for Owner or Architect to retain an attorney to enforce any of the terms or conditions of this Master Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney’s gees and costs, including fees, salary, and costs of in-house counsel to include the City Attorney. § 11.3 The Architect will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations and contracts. In order to satisfy City of Bozeman policy the Architect 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, aga, 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 Architect 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. The Architect shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. ARTICLE 12 SCOPE OF THIS MASTER AGREEMENT § 12.1 This Master Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Master Agreement may be amended only by written instrument signed by both the Owner and Architect. § 12.2 This Master Agreement is comprised of the following documents identified below: .1 AIA Document B121™–2018, Standard Form of Master Agreement Between Owner and Architect (Paragraphs deleted) .2 Exhibits: (Clearly identify any other exhibits incorporated into this Master Agreement.) .3 Other documents: (List other documents, if any, forming part of the Master Agreement.) 328 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 11 This Master Agreement entered into as of the day and year first written above. OWNER (Signature)ARCHITECT (Signature) (Printed name and title)(Printed name, title, and license number, if required) 329 Additions and Deletions Report for AIA® Document B121™ – 2018 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 19:51:00 ET on 05/31/2022. Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 1 PAGE 1 City of Bozeman 121 N. Rouse Ave. Bozeman, MT 59771 PAGE 3 § 3.3 The Architect shall maintain the following insurance until termination of this Master Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 9.4. (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.)The Owner shall be endorsed as additional insured on the Architect’s primary and excess insurance policies for General Liability and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. Upon request by the Owner, the Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements of this Section 3.3. The insurance requirements of the Section 3.3 shall also apply in full to all consultants hired by Architect to perform any portion of a Service Order, provided Architect and Owner my mutually agree in writing to different coverage limits for Architect’s consultants. … With policy limits of not less than One Million Five Hundred Thousand Dollars ($1,500,000.00) for each occurrence and Three Million Dollars ($3,000,000.00) annual aggregate for bodily injury and property damage. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. PAGE 4 Covering vehicles owned or used by the Architect with policy limits of not less than One Million Dollars ($1,000,000.00) for bodily injury and property damage per claim. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. … Workers’ Compensation at the statutory limits and Employers Liability with policy limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. … With policy limits of not less than Two Million Dollars ($2,000,000.00) per claim, Two Million Dollars ($2,000,000.00) in the aggregate. 330 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 2 … § 3.6 The Architect shall manage the Architect’s services, research applicable design criteria, attend project meetings, communicate with members of the project team and report progress to the Owner. § 3.7 As soon as practicable after the date of this Service Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. § 3.8 As soon as practicable after award of the Service Agreement, the Architect shall furnish in writing to the Owner the names of consultants proposed for portions of the scope of a Service Order. The Owner may reply within 14 days to the Architect in writing stating (1) whether the Owner has reasonable objection to any such proposed consultant or (2) that the Owner requires additional time for review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. Architect shall not contract with a proposed consultant to whom the Owner has made reasonable and timely objection. § 3.9 Architect shall not substitute a consultant previously selected without written consent of the Owner. Architect shall notify the Owner of any proposed substitution a minimum of ten (10) days prior to a proposed change. PAGE 5 .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; or .10 .7 Consultation concerning replacement of Work resulting from fire or other cause during construction. … § 5.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants as designated in an individual Service Order, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates to the Owner’s satisfaction that they are reasonably required by the scope of the Service Order. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. … § 5.6 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. § 5.6Reserved. … § 6.3 The Architect grants to the Owner a an irrevocable, perpetual, fully paid, nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, of, provided that the Owner substantially performs its obligations under the Service Agreement, including prompt payment of to promptly pay all sums when due pursuant to Articles 8 and 9. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Master Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 10.9, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates a 331 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 3 Service Agreement for cause as provided in Section 8.4, the license granted in this Section 6.3, and related to the terminated Service Agreement, shall terminate.10.9. § 6.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 6.3.1. The terms of this Section 6.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 8.4. PAGE 6 § 7.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201™–2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein.Pending final resolution of any controversy, claim, or dispute arising out of the Service Agreement, except as otherwise agreed by the parties in writing the Architect shall proceed diligently with performance of the Service Agreement and the Owner shall continue to make payments in accordance with the Service Agreement. § 7.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to a Service Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of a Service Agreement, except as specifically provided in Section 8.6. § 7.2.1 Any claim, dispute or other matter in question arising out of or related to a Service Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.litigation in court of competent jurisdiction. § 7.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Master Agreement. A request for mediation shall be made in writing, delivered to the other party to this Master Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.a Dispute Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and Procedural Manual. The parties must enter into a separate agreement establishing, among others, the scope of the work of the DRB, the responsibilities of the parties, the time for completion of the DRB’s process, payment to DRB members and whether the decision or findings of the DRB will be binding or admissible in other proceedings. The parties may, by mutual agreement, submit to mediation administered by a neutral third party mediator in accordance with American Arbitration Association procedures in effect on the date the claim is made in lieu of a DRB. § 7.2.3 The parties shall share the mediator’s fee and any filing fees equally. The parties shall bear their own attorneys’ fees, expert witnesses’ fees, costs and expenses in the mediation. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 332 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 4 § 7.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 7.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ]Arbitration pursuant to Section 7.3 of this Master Agreement [ ]Litigation in a court of competent jurisdiction [ ]Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 7.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Master Agreement, any claim, dispute or other matter in question Claims, disputes or other matters in controversy arising out of or related to a Service Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, the Service Agreement may, by mutual written agreement, be subject to arbitration. In the event the parties agree to utilize an arbitration process, it shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Master Agreement. A demand request for arbitration shall be made in writing, delivered to the other party to this Master Agreement, and filed with the person or entity administering the arbitration.other-party, and must contain all claims then known to that party on which arbitration is permitted. In the event the other party is not willing to submit the matter to arbitration, the dispute shall be resolved through the judicial forum available to the parties. § 7.3.1.1 A demand request for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand request for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. PAGE 7 § 7.3.3 The If the parties mutually agree to arbitration, the award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. … § 7.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.arbitration. The Owner and the Architect agree that all parties necessary to resolve a claim shall be parties to the same dispute resolution procedures provided for in this Agreement. Appropriate provisions will be included in all other contracts related to a Service Order to provide for the joinder or consolidation of such dispute resolution procedures. § 7.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 7.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Master Agreement. … 333 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 5 § 8.1 If the Owner fails to make payments to the Architect in accordance with a Service Agreement, such failure shall be considered substantial nonperformance and cause for termination of the Service Agreement or, at the Architect’s option, cause for suspension of performance of services under the Service Agreement for which the Owner failed to make payment. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any reasonable expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 8.2 If the services under a Service Agreement have been suspended by the Owner, the Architect shall be compensated for services performed prior to notice of such suspension. When the services under the Service Agreement are resumed, the Architect shall be compensated for reasonable expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. … § 8.6 In the event of termination of a Service Agreement not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, Reimbursable Expenses incurred, and all costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements. together with Reimbursable Expenses then due. § 8.7 In addition to any amounts paid under Section 8.6, if the Owner terminates a Service Agreement for its convenience pursuant to Section 8.5, or the Architect terminates a Service Agreement pursuant to Section 8.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination Fee: .2 Licensing Fee if the Owner intends to continue using the Architect’s Instruments of Service: Reserved. PAGE 8 § 9.2 Except as otherwise set forth in a Service Order, the hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth below. The rates shall may be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices.practices provided Owner consents to such adjustment in writing. … (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) … § 9.4.1 Unless otherwise indicated on the Service Order, Reimbursable Expenses are in addition to compensation for the Architect’s professional services and include the actual expenses incurred by the Architect and the Architect’s consultants directly related to a Service Agreement, as follows: … 334 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 6 .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 .3 Printing, reproductions, plots, and standard form documents; .5 .4 Postage, handling, and delivery; .6 .5 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 .6 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; and .8 .7 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultant’s expense of professional liability insurance dedicated exclusively to the Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect or the Architect’s consultants, and disclosed by the Architect in writing prior to execution of this Master Agreement or a related Service Agreement; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project-related expenditures. § 9.4.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus percent ( %) of the expenses incurred.Reserved. … § 9.5.1.1 Unless otherwise agreed, payments for services provided pursuant to a Service Agreement shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid ( ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) PAGE 9 § 9.5.1.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. In any event, the Owner shall not withhold payments to the Architect pertaining to a Service Agreement to offset amounts in dispute under a separate Service Agreement.Reserved. … § 10.1 Each Service Agreement shall be governed by the law of the place where the Project described in the Service Order is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 7.3.located. … § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to each Service Agreement. Neither the Owner nor the Architect shall assign a Service Agreement without the written consent of the other, except that the Owner may assign a Service Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under the Service Agreement, including any payments due to the Architect by the Owner prior to the assignment.other. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with the Service Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or 335 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 7 consents that would require knowledge, services, or responsibilities beyond the scope of the Service Agreement.Reserved. … § 10.9 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 10.9.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 10.10 A waiver by either party any default or breach by the other party of any terms or conditions of this Master 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. Special terms and conditions that modify applicable to this Master Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) § 11.1 For other than professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold Owner harmless against claims, demands, suits, damages, losses and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the Owner by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Architect or Architect’s consultants, agents or employees. For the professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the architect or Architect’s consultants, agents or employees. To the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless from any claims, demands, suits, damages, losses and expenses arising from or relating to any claim for violation of intellectual property rights, including without limitation copyright rights arising from or related to the use of any work product provided by Architect or Architect’s consultants, agents or employees. Should Owner be required to bring and action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below Owner 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 Architect was obligated to defend the claim(s) or was obligated to indemnify Owner for a claim(s) or any portion(s) thereof The obligations of this Section 11.1 shall survive termination of this Master Agreement. § 11.2 In the event it becomes necessary for Owner or Architect to retain an attorney to enforce any of the terms or conditions of this Master Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney’s gees and costs, including fees, salary, and costs of in-house counsel to include the City Attorney. § 11.3 The Architect will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations and contracts. In order to satisfy City of Bozeman policy the Architect will not refuse employment to a person, bar a person from employment or discriminate against a person in 336 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 8 compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, aga, 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 Architect 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. The Architect shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. PAGE 10 .2 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Master Agreement.) .3 .2 Exhibits: … .4 .3 Other documents: 337 AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 19:51:00 ET on 05/31/2022 under Order No. 2114327997 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B121™ – 2018, Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) 338 CITY OF BOZEMAN WEST SIDE RECREATION, AQUATICS CENTER +BRANCH LIBRARY QUALIFICATIONS FOR PROFESSIONAL ARCHITECTURAL SERVICES 23 JUNE 2022 339 340 Qualifications for Professional Architectural Services ThinkOne + Anderson Mason Dale Architects 1 TITLE PAGE Prime Architect ThinkOne 101 East Main Street, Studio One Bozeman, MT 59715 406.586.7020 think1.com William A. Hanson, AIA President 406.586.7020 bhanson@think1.com aAssociate Architect Anderson Mason Dale Architects 3198 Speer Boulevard Denver, Colorado 80211 303.294.9448 www.amdarchitects.com Joey Carrasquillo, AIA Principal 303.204.8468 jcarrasquillo@amdarchitects.com TABLE OF CONTENTS A. TITLE PAGE ................................................... B. EXECUTIVE SUMMARY .................................... C. PRIME FIRM + TEAM PROFILE .......................... D. EXPERIENCE .................................................. E. WORKLOAD ................................................... F. CLAIMS ......................................................... G. PROJECT APPROACH ...................................... H. REFERENCES ................................................. APPENDIX SCHEDULE I. ATTACHMENT A 1 2 3 7 14 14 15 20 341 2 City of Bozeman West Side Recreation, Aquatics Center + Library Branch Community Engagement and Conceptual Design EXECUTIVE SUMMARYbThe prospect of a new community and cultural campus center for Bozeman’s West Side - anchored by a new recreation and aquatic center and library branch – instills enthusiasm for your constituents. As the ‘third place’ for your growing, multi-generational community, this place will leverage these active and inspiring programs to shape a dynamic civic environment accommodating diverse activities, interests and needs. The association of ThinkOne Architects and Anderson Mason Dale Architects (AMD) is pleased to present our credentials and enthusiasm to provide community engagement and conceptual planning services for the West Side Recreation, Aquatics Center and Library Branch. Our alliance offers a brain-trust offering expertise in recreation, aquatic and library programming, conceptualization and execution, and on broader sensitivity in the design of public and municipal facilities that rely heavily on connecting with citizen stakeholders, in the interest of securing momentum and support for these projects. With our team comes a collaborative process that is both familiar and effective. Our Collaborative History: ThinkOne and AMD bring a 10-year history serving public projects in Bozeman, deploying a common commitment to design excellence and an intense focus on client service in all aspects of the work. This relationship is coalesced from shared values. Focus on Public Projects: AMD brings recent experiences on these project typologies, including the new Wellness Center for the University of Colorado Denver and the Westwood Recreation Center for the City of Denver, both accommodating aquatics programming; and three new library branches for Douglas County Libraries, delivered by AMD, embody contemporary spaces and strategies that offer flexibility and social-centric environments through their openness, connection to the outdoors and a retail/café complexion that is inviting and refreshing. For these projects, as with much of our public sector work, community engagement activity has served as a catalyst for generating enthusiasm, momentum and support that fuel project success. Specialty Consultants: Aquatic Design Group, with whom the city is currently working with on the Swim Center, joins our team to support the efforts in revealing the opportunities of leveraging aquatics programming in shaping the outdoor public spaces of this campus setting in the most creative and efficient manner, and they will contribute to our efforts of preparing the project budget based on aquatic program scenarios. We will engage your group – through discourse, research and design – to identify the drivers that will shape the program and physical vision of this exciting endeavor. Ultimately, the charge is to deliver a project vision that embodies the spirit of your community. We thank you in advance for reviewing our credentials, and look forward to the opportunity to discuss the aspirations of this project, and how our team can provide value to your process. Lola & Rob Salazar Student Wellness Center University of Colorado Denver (AMD) Lone Tree Branch Library Douglas County Libraries (AMD) Gymasium Rebuild - Natatorium Montana State University (Aquatic Design Group) 342 Qualifications for Professional Architectural Services ThinkOne + Anderson Mason Dale Architects 3 TEAM PROFILE ThinkOne Prime Architect ThinkOne is a Bozeman-based full-service architectural practice with eight employees, serving clients throughout the western United States. Founded in 1985, ThinkOne has become a leading design firm in the region due to our commitment to design excellence and an ethos focused on service. At ThinkOne, the most critical component of the buildings we design are the people who live, work, and interact with them. The relationships of trust we build with our clients and the communities we serve are our greatest reward. Our clients inspire us, drive us to be better and encourage us to innovate. They are also why we prioritize function first, ensuring our clients ultimately have spaces that make their work highly efficient, productive, and enjoyable. We must provide buildings people enjoy working in as much as looking at. Our outlook is simple: Put people first, and exceptional projects will follow. Over the past 15 years, a large portion of ThinkOne’s work has been public projects serving large governmental entities. Many of these projects have involved multiple user agencies with complex organizational needs. Our focus on open and clear communication has been key to our success. Our commitment to fully understanding how each individual engages in their environment reinforces our desire to create buildings that serve their mission. In each case, we worked closely with our clients to fully understand their functional needs and anticipate future growth. Each experience has helped us hone our craft to help our clients achieve efficient, useful, and serviceable buildings. Most importantly, each solution truly reflects the people that are the heartbeat of these operations. For your project, we have assembled a fantastic group of design professionals who share our service philosophy. We have complete confidence you will be pleased with our team, our approach, and our dedication to serving you. Anderson Mason Dale Architects Associate Architect Anderson Mason Dale Architects (AMD) is a 50-person design firm located in Denver, Colorado. For more than 45 years, AMD has provided a full range of services for our clients including the planning, programming, and design of buildings for colleges, universities, schools, libraries, cultural venues, municipal facilities, and housing throughout the Rocky Mountain West. This breadth of experience has enabled us to produce projects of various scales throughout our region. We have three times been awarded the American Institute of Architects Firm Award for “a distinguished body of work” within the region and we have received over 50 design awards. Our Values We are driven by a standard of excellence which provides the highest level of ethics and professionalism available to our clients. We believe that architecture has the power to heighten human well-being. We embrace thoughtful and responsible design in all aspects of our lives, and we constantly strive to provide our clients with buildings of architectural significance and responsibility to assure sustainability. Our Process Our work is developed within a collaborative atmosphere which cultivates research, analysis and deliberation into judicious decision making at all levels. Vigorous exploration of client goals is coupled with a detailed examination of functional needs. This understanding is artfully transformed into three-dimensional space which inspires the daily life within the building. Physical patterns of the site and the cultural fabric of each place are carefully studied to appropriately fit each building within its given context. Materials and systems are selected which respect and help sustain our planet, and the thoughtful expression of building craft and technology are economically integrated to develop a unique character for each client. c ThinkOne has a longstanding relationship with AMD. We know each other extremely well and are trusted collaborators. Over the past decade, we have worked together and extensively with public agencies across four projects—from planning of the joint law enforcement campus and bond planning, to completion of the new Public Safety Center (above), under construction—with diverse State, City and County stakeholders. The multiple Montana projects our team has been entrusted with is a testament to this relationship. THINKONE & AMD 343 4 City of Bozeman West Side Recreation, Aquatics Center + Library Branch Community Engagement and Conceptual Design C PRIME FIRM + TEAM PROFILE William Hanson, AIA Principal in Charge Master of Architecture Bachelor of Architecture Montana State University Jonathan D. Wirth, AIA, LEED AP Project Architect Bachelor of Architecture, North Dakota State University Maryanne St. Sauver Project Designer Bachelor of Environmental Design, Master of Architecture, Montana State University Bill brings over 30 years of design and construction experience to your project. Bill has extensive, large project experience specializing in commercial and institutional facilities. Bill serves as the President of the company and is the firm’s lead project architect and project designer. Highly competent in flexible data gathering techniques, with the ability to accurately identify and document user needs, Bill’s expertise has added to the organization and success of ThinkOne’s diverse projects. Bill’s ability to generate enthusiasm for the data gathering effort and ultimately identify and document user needs has proven critical to the success of these projects. SELECT EXPERIENCE *in association with AMD + American Indian Hall, Montana State University, Bozeman, MT + Emma Park Neighborhood Center, Butte, MT + Yellowstone National Park, WY - Lake Lodge Renovations - Grant Village Renovations + Yellowstone Club Public Safety, Big Sky, MT + Morrison-Maierle Headquarters, Bozeman, MT + Master Plan and Public Safety Center, City of Bozeman, MT + County Courts Facility and Bond Planning, City of Bozeman, MT + Joint Law & Justice Camus Planning 2018, Gallatin County, City of Bozeman, MT + Municipal Courts and Police Department Facility Planning 2012, City of Bozeman, MT Jon offers a strong background in project design, management and contract administration. With an intense attention to detail and strong work ethic, Jon has been instrumental in the success of ThinkOne’s diverse projects. Over the past ten years, Jon has been involved with many of our firm’s most complex projects ranging from banks and office buildings to extensive renovation projects. Notably, Jon was the lead project architect on the 45,000 SF Morrison-Maierle building in Bozeman, Montana. This project was recognized as the first privately funded LEED Gold certified building in Montana. SELECT EXPERIENCE *in association with AMD + Emma Park Neighborhood Center, Butte, MT + Montana Law Enforcement Academy, Helena, MT + Morrison-Maierle Headquarters, Bozeman, MT + City of Bozeman, MT - Fire Station 3 and Gallatin County 911 Center - Fire Station 2 + American Indian Hall, Montana State University, Bozeman, MT + Master Plan and Public Safety Center, City of Bozeman, MT + County Courts Facility and Bond Planning, City of Bozeman, MT + Joint Law & Justice Camus Planning 2018, Gallatin County, City of Bozeman, MT + Municipal Courts and Police Department Facility Planning 2012, City of Bozeman, MT Maryanne’s excellent work ethic, communication and time management skills, coupled with her deep understanding of computer programs and architectural design make her a key member. With a keen eye for design, Maryanne is heavily involved in all aspects of project development. From schematic design concepts and planning to construction details andinterior design, Maryanne enjoys the entire process of creating functional yet beautiful design. Additionally, Maryanne is detail oriented which is essential to every step of the design process. From data gathering and organization to documentation review, Maryanne focuses her energy on every detail, big and small. SELECT EXPERIENCE *in association with AMD + Rouse Justice Center, Bozeman, MT + Law & Justice Campus, Bozeman, MT + Butte Justice Center, Butte, MT + Emma Park Neighborhood Center, Butte, MT + Gallatin County Storage Facility, Bozeman, MT + Madison County Annex, Virginia City, MT + Trinity Church, Bozeman, MT + American Indian Hall, Montana State University, Bozeman, MT + Yellowstone Club Public Safety, Big Sky, MT + Master Plan and Public Safety Center, City of Bozeman, MT + Joint Law & Justice Campus Planning 2018, Gallatin County | City of Bozeman, MT THINKONE 344 Qualifications for Professional Architectural Services ThinkOne + Anderson Mason Dale Architects 5 PRIME FIRM + TEAM PROFILE C Joey Carrasquillo, AIA Design Principal Bachelor of Architecture, Bachelor of Science Rensselaer Polytechnic Institute, NY James Taylor, AIA, CDT, LEED AP Managing Principal Bachelor of Environmental Design, University of Colorado, Boulder Stephan Hall, AIA, PLA, LEED AP BD+C Project Architect Master of Architecture, Master of Landscape Architecture, Master of Urban Design, University of Colorado DenverJoey has more than 30 years of professional experience and has worked on a wide variety of projects including educational, cultural and community facilities. Joey offers a spirited design vision along with a sense of practicality. With strong organizational skills and a penchant for hard work, he develops beautiful facilities that reflect the essence of program. SELECT EXPERIENCE + Westwood Redeemer Community Center & Library, Lifespan Local, Denver, CO + Westwood Recreation Center, City and County of Denver, Denver, CO + University of Colorado Denver, CO - Student Commons Building - Backfill Renovations I Auraria and Downtown Campuses - Lola and Rob Salazar Student Wellness Center (in association) + Recreation and Athletics Program Plan, University of Northern Colorado, Greeley, CO + Henderson Multi-Generational Center and Recreation and Aquatics Complex, City of Henderson, NV (in association) + Discovery Park, Town of Parker, CO + Douglas County Libraries, Parker, CO (in association) - Lone Tree Branch Library - Castle Pines Branch Library - Parker Branch Library + St Vrain Valley Schools, CO - Innovation Center - Niwot High School & Library Renovation + Dahlia Campus for Health & Well-Being, WellPower, CO + Southeast Wyoming Welcome Center, Cheyenne, WY James is a skilled architect with a strong background in public sector projects, including significant experience with the firm’s municipal, justice and higher education projects. Since joining AMD, his talent has been utilized on a number of the firm’s most visible downtown Denver projects, including University of Colorado Denver’s Student Commons Building and the Lola and Rob Salazar Student Wellness Center as well as our most complex projects at the Anschutz Campus, where he managed the $175M new Anschutz Health Sciences Building. SELECT EXPERIENCE *in association with ThinkOne + University of Colorado Denver, CO - Student Commons Building - Backfill Renovations I Auraria and Downtown Campuses - Lola and Rob Salazar Student Wellness Center (in association) + Town of Parker, CO - Police Headquarters - Discovery Park l Civic Center Plaza + Aims Community College, CO - Public Safety Institute, Windsor Campus - Airport Remodel & Addition, Loveland Campus + Master Plan and Public Safety Center, City of Bozeman, MT + County Courts Facility and Bond Planning, City of Bozeman, MT + Joint Law & Justice Camus Planning 2018, Gallatin County, City of Bozeman, MT + Municipal Courts and Police Department Facility Planning 2012, City of Bozeman, MT Stephan’s well-rounded training in planning, architecture and landscape architecture has made him a capable lead architect working on a variety of project types throughout the region. His creativity and collaborative nature make him an effective design team member. Since joining, Stephan has contributed to some of AMD’s high-profile public projects, including the neighborhood gateway buildings for the University of Colorado Denver downtown campus and recent municipal work in Bozeman, Montana. SELECT EXPERIENCE *in association with ThinkOne + Colorado Mountain College, Spring Valley Campus, Glenwood Springs, CO - Ascent Student Services Center - Wellness and Recreation Center - Summit Student Center Renovation and Addition + University of Colorado Denver I Auraria Higher Education Center, Denver, CO - Student Commons Building - Backfill Renovations I Auraria and Downtown Campuses - Lola and Rob Salazar Student Wellness Center (in association) + Confluence Park Master Plan, City and County of Denver, Colorado (in association) + Master Plan and Public Safety Center, City of Bozeman, MT + County Courts Facility and Bond Planning, City of Bozeman, MT + Joint Law & Justice Camus Planning 2018, Gallatin County, City of Bozeman, MT AMD ARCHITECTS 345 6 City of Bozeman West Side Recreation, Aquatics Center + Library Branch Community Engagement and Conceptual Design C PRIME FIRM + TEAM PROFILE Aquatic Design Group Aquatic Consultants Justin Caron, MBA, AFO Principal in Charge Dennis Berkshire Aquatics Project Principal Greg Ferrel, AIA Aquatics Project Architect Since 1984, Aquatic Design Group has worked with clients from around the globe to help bring their dreams to reality. This experience has resulted in quality, efficient design solutions that lead to projects delivered on time and on budget. We have worked on projects of all shapes and sizes in 44 states and 25 countries around the world. They specialize in all types of water including competition, recreation, leisure, therapy, and ornamental and natural water features. Their experience includes, but is not limited to: competitive, recreation and leisure pools, resort hotel pools, aquatic therapy/wellness facilities, and fountains/decorative water. SELECT EXPERIENCE *in association with ThinkOne and/or AMD + Alga Norte Community Park, Carlsbad, CA + Bozeman Swim Center Needs Assessment, Bozeman, MN + Deanwood Community Center and Library, Washington, D.C. + Johnstown Community Recreation Center, Johnstown, CO + Montana State University Gymnasium Rebuild, Bozeman, MT + Obregon Park Pool, Los Angeles, CA + Parker Recreation Center Expansion, Parker, CO + Perris Valley Aquatic Center “DropZone”, Perris, CA + Roseville Hotel and Conference Center, Roseville, CA + Southern Oregon University McNeal Renovation, Ashland, OR + Teton County / Jackson Recreation Center, Jackson, WY + The Riverside Hotel and Indoor Waterpark, Boise, ID + Lola & Rob Salazar Student Wellness Center, University of Denver, CO* + Henderson Multigenerational Center, Recreation + Aquatics Complex, Henderon, NV SUBCONSULTANTS Morrison-Maierle Civil, Structural and MEP Engineering, AV/IT Consulting Nate Menuez Project Principal Mike Hickman Lead Civil Engineer Joe Hughes Mechanical Engineer Ryan Maroney Electrical Engineer Trent Pearson Fire Protection Engineer Pete Weber Technolog Designer Jon Wilkinson Lead Survey Morrison-Maierle, Inc. is a Montana-based engineering design firm that offers a broad range of services throughout the western United States. Established in 1945, the firm has built its reputation on commitment to quality through the use of experienced project managers, highly qualified engineers and scientists, detailed project planning and financial tracking, and the practice of working closely with clients to meet their overall project needs. Engineering News Record has consistently ranked the company as a “Top 500” Design Firm since 1990. SELECT EXPERIENCE *in association with ThinkOne and/or AMD + Great Falls Aquatic Center, Great Falls, MT + Montana State University - Bobcat Athletic Hydrotherapy Pools - Wellness Center + Montana Tech HPER Facility Natatorium Report, University of Montana, Butte, MT + City of Bozeman - Swim Center Structural Condition Assessment 2021-22 - Swim Center HVAC & Lighting Upgrades - Swim Center Main Pump and Pool Heater Replacement + Bozeman Public Library Planning/ Renovation/Expansion, Bozeman, MT + Missoula Public Library, Missoula, MT + Flathead County Library Renovation, Kalispell, MT + Lewis & Clark Library Preliminary Planning, Helena, MT + Public Safety Center, City of Bozeman, MT + District & Justice Courts Facility and Joint Law & Justice Center Planning Bozeman, MT Design.5 Landscape Architecture Troy Scherer, PLA, ASLA Landscape Architect Design 5 is a 12-person landscapearchitecture and planning firm and distinguishes itself through the partnerships it fosters between clients, design consultant teams, and builders. The foundation of the firm’s success is creativity, technical ability, and communication. Design 5 prides itself on synthesizing the goals of the client, the opportunities of the site, and the character of the architecture and surrounding site to create elegant solutions that blend seamlessly with their surroundings. Design 5’s team has extensive experience designing and managing landscape projects, ranging in scope from small residential remodels, university buildings, luxury mountain estates, and commercial developments to multi-thousand-acre, master planned communities. SELECT EXPERIENCE *in association with ThinkOne and/or AMD + Story Mill Park (Trust for Public Land), Bozeman, MT + Wilson Hotel & Plaza, Big Sky, MT + Home 40, Bozeman, MT + Big Sky Town Center, Big Sky, MT + Gallatin Mental Health Center, Campus Master Plan, Bozeman, MT + Yellowstone Theological Institute, Bozeman, MT + Cannery District, Bozeman, MT + College of Business (LEED), Montana State University, Bozeman, MT + Big Sky Town Center, Big Sky, MT + B & G Mill, Bozeman, MT + Wallace & Babcock, Bozeman, MT + Olive & Wallace, Bozeman, MT + Element Hotel, Bozeman, MT + 19&College Office, Bozeman, MT + Pearson Design Group Office, Bozeman, MT + Merc Missoula Mixed-Use, Missoula, MT + Public Safety Center, City of Bozeman, MT - 346 Qualifications for Professional Architectural Services ThinkOne + Anderson Mason Dale Architects 7 RELEVANT EXPERIENCE dLola and Rob Salazar Student Wellness Center University of Colorado Denver, CO (in association) In April 2015, in an effort led by CU Denver’s SGA, students voted in record numbers passing a measure to increase student fees to fund a new student wellness center with unprecedented turnout; the CU Board of Regents added their approval. The new Lola and Rob Salazar Student Wellness Center, designed by SmithGroup + Anderson Mason Dale Architects in collaboration, includes fitness facilities such as a lap pool, gymnasium, a “commuter haven” lounge for CU Denver students between classes, and other features. The Center encompasses a variety of dimensions including Spiritual, Social, Emotional, Intellectual, Physical, Financial, Sustainability, Diversity and Inclusion, and Creative. The building is designed around a central, iconic interior space and circulation spine aligned with Walnut Street, an overt organizational gesture linking architecture to the campus “grain.” The new Tivoli Quadrangle project extends Walnut Street, creating a new and important campus pedestrian circulation path parallel to Larimer. The location of the Student Wellness Center on axis with Walnut Street also increases its use. The southern façade “completes the courtyard,” previously conceived by AMD during their design of the adjacent Student Commons Building, to frame outdoor space and articulate the architecture in a way that makes a cohesive campus greenspace. Cost: $35.6M Size: 85,000 SF Completion: Summer 2018 Awards: 2019 NIRSA Outstanding Sports Facility Awards LEED: Gold AMD 347 8 City of Bozeman West Side Recreation, Aquatics Center + Library Branch Community Engagement and Conceptual Design D EXPERIENCE Outdoor Leadership & Recreation Center Colorado Mountain College, Spring Valley, Glenwood Springs, Colorado The new Fitness and Recreation Center will be located at the east edge of campus, adjacent to the existing soccer fields. The building will be an amenity to the students and staff on campus, with an intent to also draw in local community members from the surrounding Roaring Fork Valley. The primary form of the building is a single-sloped south facing roof. This provides optimal orientation for a photovoltaics, and a roof eave extension to the south to provide shading for south facing curtain wall glazing. The main entry at the northwest corner of the building is marked by stone tower element that will be clad in cut limestone. The glazed openings in the tower will provide a beacon that gestures back to campus, and a connection to the future east campus quad. The transparency into the space will showcase the activity of the ropes climbing and bouldering facility, and provide optimal daylighting from the north. The building will house a double court Gymnasium which will provide expanded curriculum opportunities for Recreation and Outdoor Leadership programs. It will also provide a prime setting for graduation ceremonies and other large gatherings, with operable hanger doors that open onto the large landscaped southern plaza. The Track and Cardio Fitness mezzanine on the upper level will provide users with sweeping views of Mount Sopris and the surrounding valley. Cost: $10.2M Size: 32,000 SF Completion: 2020 Reference: Sean Nesbitt, Director of Facilities, 970.947.8406 AMD 348 Qualifications for Professional Architectural Services ThinkOne + Anderson Mason Dale Architects 9 EXPERIENCE D Westwood Redeemer Community Center & Library Lifespan Local, Denver, Colorado The project will entail renovation of an existing Lutheran Church and Community Hall, and a 2-story addition on this 2.9 acre urban site in the Westwood neighborhood of southwest Denver. Site improvements will include right-of-way improvements, parking lots, storm water detention, and general landscape areas; these improvements will focus on enhancing the public realm of this urban site. A feature outdoor plaza court is anticipated at the NE corner of the site at the intersection of Nevada Place and Irving Street – to serve as an inviting greeting for the community. The program for the facility will be comprised of a branch library for Denver Public Libraries; early child education center and daycare; multipurpose and events space, within existing sanctuary; maker spaces; and instructional, training and skill development programs - such as tutoring and wellness centers; yoga, martial arts; teaching kitchen; family center; youth engagement and empowerment; law resource center; equity inclusion counseling; and flexible workplace settings for neighborhood organizations. This center will act as a hub to deliver services to the eclectic community of Westwood, working in partnership with other community stables in the neighborhood to promote health, well-being, equity and education through quality and sustainable planning, design and construction practices. The combined facility will serve as a symbolic gesture of the vitality and aspiration taking shape in Westwood, and its complexion will be informed by the cultural spirit and strength of its residents. Size: 18,000 SF Reno | 20,000 SF Addition Cost: $14M | 2.9 acres Completion: 2024 AMD 349 10 City of Bozeman West Side Recreation, Aquatics Center + Library Branch Community Engagement and Conceptual Design D EXPERIENCE The physical nature of the Parker Branch Library is derivative of the idiosyncratic town grid and the master development plan which includes a public park and plaza, also designed by AMD. The entry lobby is a café-vibe space stretches along the entire west edge of the building, correlating with the exposure to the public plaza and terminating at Main Street with a picture window to reveal the activity within. The second floor of the library perches over the west edge to form a porch and promoting interplay between the plaza and library ground level. A flexible collaboration/ maker space suite makes itself present from the entry to contribute to the active nature of this space. The community, civic spaces are situated on level 2 and perched along the western end to create a strong connection to the public plaza and park, forming the civic character of the site. These spaces interconnect to form an events hall and are rendered with high volume and clerestory windows. Discovery Park is a four-season destination and complement to this burgeoning cultural district. The park and plaza gracefully intertwines a large water feature and splash pad fountain, a 350 foot-long ice skating ribbon, and an outdoor band shell intended for all-season performances. Three new contemporary yet timeless pavilions will support these programs. The material palette will be rich and durable, employing Endicott brick veneer, natural wood soffits, decorative and polished concrete, and glass. The park will also be home to a newly commissioned public art project and will be open for skaters next fall. Parker Libary Size: 45,000 SF Cost: $11.5M Completion: 2016 Parker Branch Library Douglas County Libraries, Parker, CO (in association) + Discovery Park Town of Parker, CO AMD Size: 5,000 SF l 7,200 SF outdoor, 1.4 acres Cost: $9M Completion: December 2016 Discovery Plaza Size: 5,000 SF, 7,200 SF outdoor, 1.4 acres Cost: $9M Completion: 2016 350 Qualifications for Professional Architectural Services ThinkOne + Anderson Mason Dale Architects 11 EXPERIENCE D The Castle Pines Branch Library creates a true city square at the Village Square commercial center, with specialty paving, an improved landscaped median and the development of ‘paseos’ between the buildings. The building embodies a modest plan organization: support spaces to the east; collections, seating and collaboration spaces in the middle; civic spaces to the west. The existing site topography is embraced and telegraphed in the building, yielding a series of split-level conditions that create rich spatial experiences within the modest massing of the building. The new Lone Tree Branch Library forms a civic threshold for this section of RidgeGate. The plan is organized to celebrate the civic nature of the Library along Commons Street to the west and the proposed outdoor space along Village Way to the south, with support program situated along Skyridge Avenue to the north and the parking area to the east along the future Town Ridge Drive. A continuous porch roof frames the entry sequence and defines an outdoor realm for congregation. The southern edge - housing lobby, conference area and flex/maker space - embraces a casual, cafe-feel, with high volume, transparency and connectivity to the outdoors. These new branch libraries embody a contemporary design aesthetic that translates the progressive nature of Douglas County Libraries’ service to their communities through openness, transparency, connection and interplay. Castle Pines Size: 17,000 SF Cost: $5.7M Completion: 2016 Castle Pines & Lone Tree Branch Libraries Douglas County Libraries, Castle Pines, Colorado (in association) Lone Tree Size: 25,000 SF Cost: $9.3M Completion: 2016 Awards: 2019 AIA Colorado Award of Distinction AMD 351 12 City of Bozeman West Side Recreation, Aquatics Center + Library Branch Community Engagement and Conceptual Design D EXPERIENCE Renovate and Expand HPER Building Montana Tech of the University of Montana, Butte, Montana Montana Tech’s current cardio and weightlifiting facilities are inaqequate for the growing population of students and staff. To remedy this situation, ThinkOne has designed a 13,000 SF addition to the Health, Physical Education and Recreation (HPER) building, as well as renovated the locker rooms for staff, faculty, students and athletes. The large, open, and brightly-list cardio floor will provide sweeping view of the city and the Highland Mountains, tripling the amoutn fo workout space, while the hew weight room will nearly double the existing space. In addition, the athletics locker rooms have been completely redesigned and rebuilt for growing Digger athletics teams. The upgraded facility will include dedicated locker rooms for visiting teams, allowing the weight and cardio rooms to remain operation during large events. Finally, the old exercise areas will be turned into multi-purpose rooms for fundraisers and special events. The new addition’s brick facade compliments the existing building design, while sunshades, natural lighting and updated mechanical systems will minimize operating costs and promote energy efficiency. The new HPER component will anchor further campus development to the west, and serve as a catalyst for Montana Tech expansion in the future. Size: 16,900 SF Cost: $2.5M Completion: 2012 THINKONE 352 Qualifications for Professional Architectural Services ThinkOne + Anderson Mason Dale Architects 13 EXPERIENCE D Public Safety Center Bozeman, Montana A civic building for Bozeman’s Law Enforcement, Municipal Courts, and Fire Safety Department designed to reflect the City’s stewardship and commitment to community. Cost: $22.5M Size: 60,000 SF Completion: 2021 THINKONE + AMD District & Justice Courts Facility and Joint Law & Justice Center Planning Bozeman, MT A new home for the county’s justice programs merges the historical character of Bozeman with a welcoming, dignified and aspirational spirit. Cost: $68M Size: 183,000 SF | 9.8 acres Completion: 2023 THINKONE + AMD Laramie County Central Library Cheyenne, Wyoming (in association) A library that embodies Cheyenne’s civic presence and rural spirit, and first public project in Wyoming to receive LEED Gold certification. Cost: $17M Size: 103,000 SF Completion: 2007 AMD Robert Hoag Rawlings Public Library & 2022 Renovation Pueblo City-County Library District, Pueblo, Colorado (in association) A transformative library addition and renovation that serves as an abstraction and response to Pueblo, Colorado’s natural and cultural landscape. Original Cost: $17.5M Size: 109,000 SF Completion: 2003 AMD Henderson Multi-Generational Center Henderson, Nevada (in association) As part of a triad of cultural facilities that form the ‘town center,’ this community facility houses a gymnasium, indoor/outdoor aquatics and multi-purpose spaces. Cost: $14M Size: 80,000 SF Completion: 2002 AMD Renovation Cost: $10M Size: 109,000 SF Completion: 2022 AMD Awards: 2008 Library of the Year, Gale/ Library Journal; 2007 Merit Award, Associated Builders & Contractors 353 14 City of Bozeman West Side Recreation, Aquatics Center + Library Branch Community Engagement and Conceptual Design WORKLOAD + CLAIMS ThinkOne Projects % Complete Completion Gallatin County Courts Building 90% CD Summer 2022 Bozeman Fire Station #2 80% DD Late Fall 2022 Barnard Construction Corporate Headquarters 15% SD Spring 2023 Trinity Church - Phase One 25% CD Fall 2022 Gallatin County Records / Court Services Building 15% Concept Spring 2023 Bigfork Fire District Headquarters 75% Concept Bond 2022 Bozeman Public Safety Center 95% of CA Late Summer 2022 Yellowstone Club Public Safety Headquarters 25% of CA Spring 2023 Bronken Beverage Distributing 20% of CA Spring 2023 Anderson Mason Dale Projects % Complete Completion CU Fleming Phase II Renovation 100% CD Summer 2023 ACC Littleton Health Sciences 50% SD Spring 2024 University of Idaho - Plant / Soil Lab 100% CD Fall 2023 Durango 9R Innovation Center 100% DD Fall 2023 CoorsTek CK 250 Lab Fitout 100% CD Fall 2022 Bryan Cave Leighton Paisner 100% CD Fall 2022 Brownstein Hyatt Farber Schreck 100% DD Spring 2023 Bozeman Office Building 100% Concept Summer 2024 Northglenn City Hall 100% SD Spring 2024 Gallatin County Courts 90% DD Summer 2024 Northern State University South Dakota 10% SD Spring 2024 Westwood Rec Center 100% Concept Fall 2024 CMC Student Housing 100% CD Fall 2023 Lifespan Local 100% CD Spring 2023 Animas High School - Durango 70% CA Summer 2022 Aims Community College Windsor Expansion 20% CA Fall 2023 Emma Fields Distillery 25% CA Spring 2023 MSU Denver Space Improvements 10% CA Summer 2023 Littleton Public Schools - Littleton Academy 15% CA Spring 2023 Rawlings Library Renovation 90% CA Summer 2022 Jefferson County Schools - Evergreen Renovation 95% CA Spring 2022 Fort Lewis College Whalen Gym 65% CA Fall 2022 University of Wyoming - Ivinson Parking and Police 40% CA Fall 2022 Bozeman Public Safety Center 95% CA Spring 2022 CU Anschutz Police Department 65% CA Fall 2022 CU Boulder Engineering Center Ph II Renovation 90% CA Fall 2022 Current Commitments and Capacity Below is a summary matrix of the workload of ThinkOne and AMD. Our teams have significant capacity presently and through the remainder of the year. Furthermore, we are committed to serving all of our clients and meeting their project schedules during the COVID-19 pandemic. Claims Over the past ten years ThinkOne has not been involved in any litigation involving claims against our fi rm. We take great pride in the quality of the work we produce and understand the information needed in our drawings to clearly direct the construction process. In addition, our connection to the construction industry through our Construction Management branch has enlightenedour approach as designers. We know the challenges of understanding and interpreting design documents and strive to produce drawings that clearly describe the project scope. Anderson Mason Dale has not been assessed nor paid liquidated damages following completion of a project at any time in the past 10 years. Anderson Mason Dale has been a party to a mediated settlement with a general contractor, geotechnical engineer, civil engineer and landscape architect for an exterior paving system designed entirely by consulting engineers for a public university in Colorado. In this settlement Anderson Mason Dale was found to have no direct responsibility for the non- performing system. e f+ 354 Qualifications for Professional Architectural Services ThinkOne + Anderson Mason Dale Architects 15 PROJECT APPROACH gWe have assembled a talented team of local and regional expertise to fulfill your West Side project’s unique community engagement and design needs. With your Core Team and stakeholders, we will work collaboratively to craft a process and concept design proposal that reflects your community’s identity and aspirations. Working closely with your team, we will develop a campus setting and concept design that is comfortable, welcoming, and serves the community for decades to come. Our process to gather information and build momentum with key stakeholders will include various engagement tools—from small-group interviews and design charrettes to online surveys and technical “page-turn” reviews. We will build a close working relationship with stakeholder groups and work with the Core Team to confirm a process that will effectively engage these critical perspectives. Through this, we expect to dive deeply into the current and future operational goals while building a clear understanding of divergent visions that will be unified through careful design. Our structured, iterative public process effectively engages participants, closes feedback loops, and uses everyone’s time well. If we do our work correctly, stakeholder input will build project momentum with the community, and community engagement will confirm and develop the design insights gathered from stakeholders. With critical public projects such as this, we begin by working with the core decision-making team (the “Core Team”) to confirm the proposed outreach and design process, identify key stakeholders and start sequencing stakeholder engagement with project decision points and community outreach. Once we have established a clear understanding of each stakeholder’s role and level of involvement, we will work with you to confirm how feedback can influence and shape the project outcomes. Interactive workshops that inspire creative thinking and lively discussion are among the best ways to draw input. Open, charrette-style workshops allow all participants to communicate ideas quickly, share concerns and priorities and receive immediate feedback. We believe a focus on Core Team and key stakeholder engagement builds trust and confidence in the process and in shaping the narrative for the project in an objective and unified manner. For this reason, we propose holding stakeholder workshops before public meetings and open houses to ensure the community receives clear and consistent information to maximize their contribution and input. We begin with big-picture visioning and goal setting and then dig deeper into specific themes in the following workshops. This series of stakeholder workshops will eventually focus on reviewing refined concept priorities, which will form the basis of the concept design strategies to be shared at public meetings/open houses. Additionally, our team is prepared to augment and amend this approach with remote meeting and workshop strategies and distribute materials that inspire feedback from a wide variety of community users. For example, surveys allow constituents to participate in the process if attending scheduled events is not an option. We will also coordinate with other community functions and events to maximize the project’s input capture rates. Information from each workshop will be compiled, analyzed, and presented to the workshop participants. We build trust and momentum by closing the feedback loop and letting people know how input was incorporated (or not, and why). This critical step in stakeholder engagement can also help focus discussion on project priorities. We expect to work with your Core Team to develop and refine this stakeholder and public involvement plan. The design process will be deployed to ensure that inclusion, interaction, and consensus- building permeate the entire effort. i.Describe your process for gathering information and input from key constituents and the broader community. Include examples of community engagement tools and techniques your team has experience implementing. Interactive workshops that inspire creative thinking and lively discussion are among the best ways to draw input. 355 16 City of Bozeman West Side Recreation, Aquatics Center + Library Branch Community Engagement and Conceptual Design G PROJECT APPROACH All participants understand why and where their input is needed in the best design processes. Community members are engaged around inspiring, defined opportunities, and the project team can use every engagement point to more clearly understand priorities and build momentum for the next steps. Our experience and approach to community interface seek to align goals with shared understanding, clear expectations, and appropriate tools that maximize stakeholder participation and empowerment. For the Westwood Recreation Center in Denver, Denver Parks and Recreation (DPR) envisioned the community engagement plan based on the following visioning and process statement: Denver Parks and Recreation (DPR) envisions a Westwood Recreation Center that will serve the community for generations to come in a unique and meaningful way. To ensure that the Recreation Center will become a staple of the community, it needs to reflect the community’s wants and needs. Authentic community engagement throughout the process is necessary in meeting these goals. Our design team and DPR’s Planning and Marketing teams worked collaboratively on a community engagement approach, spanning a period of 5-months. Our goal was to reach as many people in the Westwood neighborhood as possible, informing them about the project and requesting their programming input. The primary objective has been to ascertain the community’s top priorities for the activities they want at the new Recreation Center, which then informs the program. Community engagement has been a multi-pronged approach, including the following methods: • Community Advisory Group (CAG) • Surveys • Coordination with other community events • Focus Groups • Promotional Graphics, including yards signs and banners • Social media and online outreach • Public meetings Given the great diversity of the Westwood neighborhood, meeting collateral, printed materials, and live translation was provided in multiple languages, including Spanish, English, and Vietnamese. All CAG meetings have been conducted in Spanish and English using live translation via Zoom. One focus group with the Arabic-speaking community was conducted in Arabic, raising the total number of languages used in the project to four. These conversations have led to invaluable community knowledge and a clear takeaway: the existence and development of other programmatically similar amenities in the Westwood neighborhood. With other gymnasium-type opportunities already existing locally, constituents expressed their clear aspirations for robust aquatics programming. The foundation for a great process is integrity and clear communication at every level: we will work to share project goals and constraints, how we implement feedback, and how and when decisions are made. Complex design projects often have competing interests, resources, individual aspirations, personalities, and visions—but a great process brings them back together. To effectively solicit community input, we begin by establishing project goals and engagement expectations with the Core Team. This provides a clear framework for both engagement and decision-making. Our goal is that all participants are heard and respected and that the Core Team feels confident and supported in its decision-making. Our ability to translate and synthesize stakeholder aspirations into a shared vision is the greatest service we can offer. For the West Side project, we propose broad community outreach as a foundation and confirmation of the more intensive stakeholder engagement process. ii.Describe a community engagement process your team implemented as a part of a past project. What input was gathered? What was the timeline? Did community input influence the outcomes or deliverables? Provide a timeline and specific processes for this part of the process. **Please see Appendix for Schedule/Timeline. 356 Qualifications for Professional Architectural Services ThinkOne + Anderson Mason Dale Architects 17 PROJECT APPROACH G Understanding your broader needs and aspirations is critical in developing a strategy that aligns your expectations with our services and product. Similarly, understanding the issues related to schedule, cost, and constructability is a prerequisite to achieving your goals. This relationship dictates that exceptional project management is central to our design process. The cornerstone of our design approach is a series of user-oriented workshops that focus on facilitating the exchange of information and sharing ideas. It is a highly collaborative and iterative process, providing a forum for constructive discourse, soliciting enthusiasm for the project, and securing a sense of ownership, pride, and commitment that will lead to the realization of a quality project. Our team’s benchmarks of effective communication and management are listening, understanding, consensus, and action. Our workshop process is characterized by consensus building. We ensure everyone is heard and the collective group understands the implications of what is presented. Only then do we take action. This process is our greatest responsibility. Delivering the appropriate product at the right time requires careful planning and a commitment to maintaining a coherent work plan. We will develop a project Work Plan that integrates significant scheduling milestones with design process deadlines. Equally important, the Project Work Plan identifies tasks, activities, and work products for each week of the design process. This in-depth analysis of a project’s progress enables project managers to keep the project moving and anticipate scheduling problems. In between community outreach targets and workshops, ThinkOne/AMD will have a dedicated team on the ground and be available to usher the process in the Bozeman Community. We are available for regular communication and check-ins. With our team approach, we not only have point people in Bozeman, but we also have local, regional and national expertise we are bringing to the table. The ThinkOne team is the conduit, bringing this vast knowledge and experience to the local community. To efficiently manage all participants’ time, workshop feedback and community input will be regularly implemented into an evolving master plan and concept design. The design team will present updates at workshops or during scheduled interim meetings. During conceptual design and workshops, we will follow the Gallatin County Health Departments COVID-19 guidelines and suggestions for small and large group meetings. If workshops and discussions need to occur virtually, our team can confidently and seamlessly collaborate in remote meeting environments. iii.How will the Prime Firm/Team provide ongoing, on-demand, in-person, and cost-effective support for the community engagement and the master planning process? We ensure everyone is heard and the collective group understands the implications of what is presented. Only then do we take action. This process is our greatest responsibility. 357 18 City of Bozeman West Side Recreation, Aquatics Center + Library Branch Community Engagement and Conceptual Design G PROJECT APPROACH Delivering Public Spaces: A Collaborative Approach Our collective team has extensive experience designing public spaces. This includes a history of successful collaborations between our respective firms. Specifically, AMD’s portfolio focuses on public sector, publicly-funded work. We understand the transparency required to allow stakeholders to see the development of these projects. We are sensitive to developing clear lines of communication and being honest about the project’s circumstances. This is the foundation for good design work. We believe the most enduring facilities are based on an understanding of our client’s aspirations, the spirit and history of their communities, and the qualities of their natural environment. Our team works to understand these dimensions through active listening. With public projects, this is an especially critical necessity required to bring together various and divergent interests. We recognize that diverse stakeholder groups need a carefully crafted design process to meet varied, sometimes conflicting, aspirations. A critical factor is a demonstrated ability to accommodate a complex range of needs and constraints in a timely and cost-effective manner. Our collaborative approach has translated to delivering consecutive, rewarding projects for public institutions. Placemaking Our design for public spaces centers on the notion that place-making – designing meaningful places that resonate with the people who use them daily – is our primary responsibility. Our process focuses on: program, the propositional nature of how a building functions; context, the way a building builds on the patterns of a specific site; craft, the tectonic language of a building; and character, the experiential quality of buildings. We pursue this agenda through rigorous collaboration that places the user at the center of the design process. Recreation Centers The recreation center is a community institution that has evolved from a forum for physical activity to a flexible venue supporting multi-generational activities centered on gathering, education, and wellness. Fitness occurs in many forms and is understood and embraced as physical and mental wellness. Recreation centers have a well-documented impact on the lives of young people. They provided a safe haven for meaningful structured and passive group activities that foster discipline, self-esteem, teamwork, leadership, and mentorship. Recreation centers are the epitome of “The Third Place”: a community space where you connect, share with others, and have fun. These centers are anchors spaces, and people are loyal, regularly returning to unwind and socialize. The Public Library We embrace the public library as a celebration of the individual, the community, democratic values, and the free flow of information in all media. We are zealous in our pursuit of ideas in the open public forum that the library represents, and we are mindful of the library’s role in the lives of its patrons. We are familiar with the changing landscape of the public library; its evolution from a repository of information to an enabler of content creation. This translates into developing flexible environments that further evolve as society does. The public library has gone from being book-centric to people-centric. Libraries are no longer places to only search and discover information but to generate and create in a variety of forms. Libraries assist customers in pursuing and displaying their own ideas, expressing themselves, and providing hands-on learning. Ultimately, the charge is to derive libraries that embody and shape communities’ spirit through their programming, outreach, and physical character. iv.Describe the expertise of the Prime Firm/Team in knowledge, skills, and abilities related to design of public spaces in a diverse community. We believe the most enduring facilities are based on an understanding of our client’s aspirations, the spirit and history of their communities, and the qualities of their natural environment. 358 Qualifications for Professional Architectural Services ThinkOne + Anderson Mason Dale Architects 19 PROJECT APPROACH G In assembling a marketing package for your vision comes an excellent opportunity to instill new excitement for your patron community while drawing new users from your growing population. Our team will realize all of the conceptual design work for the West Side project in two and three dimensions. It will be easily accessible and understood by stakeholders and the Bozeman community. Working within the public sector, we ground ourselves in the story of the idea. From that point forward, we tell that story through strong narratives, infographics, architectural drawings, three-dimensional vignettes, and physical massing models. These assets can be highlighted on any of the following and beyond: singular website platform, social media, brochures, signage, and mailings. Marketing package content to include: • Illustrative site plan • Conceptual plan diagrams • 3-D massing vignettes • Character vignettes – exterior and interior • Physical massing model within site context at 1”= 30’-0”, made of wood and acrylic • Digital publication with concept narratives We are committed to an interdisciplinary, team-based approach. This is especially critical in designing sustainable buildings, where building systems, site development, landscape design, and other essential aspects of the project must be considered throughout the process, leading to a broader set of variables and potential design adjustments. We see the design of buildings as extensions of their natural environments, and sustainable considerations are integral to our creative and conceptual approaches. AMD’s culture of sustainability dates back to our roots during the 1970s when the firm designed pioneering energy-efficient buildings for the State of Colorado that helped spark the national energy debate. Today, we continue to push the agenda for energy-efficient buildings and collaborate with owners and consultants to align solutions with sustainability goals. Through this integrated design process, we find and promote synergies between the interests of all stakeholders. AMD has delivered over 50 LEED-certified projects, including five Platinum-certified. In addition, AMD is currently overseeing the design process for two projects that have engaged the Living Building Challenge program sponsored by the International Living Future Institute. v. vi. Describe the elements of a marketing package you will produce to aid in fundraising. Describe your experience with high performance construction standards and sustainable building practices including LEED certification. Our team has delivered over 50 LEED-certified projects, including five Platinum-certified. 359 20 City of Bozeman West Side Recreation, Aquatics Center + Library Branch Community Engagement and Conceptual Design REFERENCES References for Projects Completed in the Last 2 Years Marina Little, State of Montana A/E Planning Manager Phone: 406.444.3104 State of Montana/Montana State University ThinkOne Margie Seccomb, CEO Phone: 406.533.6855 Emma Park Neighborhood Center ThinkOne Andre Vite, Assistant Vice Chancellor, University of Colorado, Anschutz Phone: 303.724.7478 Anschutz Health Sciences Building, Anderson Mason Dale Architects ThinkOne References Chief Ron Lindroth, Fire Chief Phone: 406.388.4480 Central Valley Fire District Father Leo Proxell Phone: 406.587.4581 Holy Rosary Catholic Church Anderson Mason Dale Architects References Amber DeBerry, Director of Community Engagement, Phone: 303.688.7641 Castle Pines, Lone Tree and Parker Branch Libraries, Douglas County Libraries Amber Long, M.Ed, Former Executive Director, Wellness & Recreation Services (currently at Montana State University) Phone: 406.994.2311 Lola & Rob Salazar Student Wellness Center, University of Colorado, Denver Shared Reference Jon Henderson, Assistant City Manager, City of Bozeman Phone: 406.582.2250 Bozeman Public Safety Center (In Construction) h 360 APPENDIX I. ATTACHMENT AI. SCHEDULE 361 22 City of Bozeman West Side Recreation, Aquatics Center + Library Branch Community Engagement and Conceptual Design Qualifications for Professional Architectural Services ThinkOne + Anderson Mason Dale Architects 22 SCHEDULE/TIMELINE + Design Team Selection + Project Review with City of Bozeman Stakeholders + Design Team Selection + Project Review with City of Bozeman Stakeholders Review goals, objectives, protocols, workplan + Final site evaluations; selection of site(s) to initiate concept site planning, plan diagrams; + Program confirmation informed by concept studies; cost model review + Conceptual design studies, development + Programming, cost modeling alternatives + Review of all relevant information and findings from recent city efforts + Initial review of properties for consideration + Collect, prepare site plan exhibits + Conceptual design studies, development + Precedent reviews, visits (as deemed necessary) + Cost modeling + Site visits, site analysis, programming, space needs + Facility precedent reviews, visits (as deemed necessary) + Collateral Package development + Cost modeling: adjustment for scope & budget alignment + Review, confirm collateral content + High-level conceptual site studies on contender sites to assist in site evaluations + Continued programming, space needs refinement Final Collateral Package incl. Project Cost Model HOLIDAYS + Architecture Camp in Bozeman + Public Meeting Concept design presentation; input on preferred drivers, strategies for next round of concept iteration; input on character, vernacular, inspiration of place + Workshop initial program, space needs; site visits + Public Meeting project awareness; community aspirations + Workshop + Public Meeting Conceptual design presentation + Workshop + Public Meeting Site reviews, analysis (pros, cons), recommendations; initial program review + Workshop + Public Meeting Preview final conceptual design + Workshop + Public Meeting Site reviews, analysis (pros, cons), recommendations; initial program reviewJULAUGSEPOCTNOV DECJANFEBMARAPR2022 2023 362 Qualifications for Professional Architectural Services ThinkOne + Anderson Mason Dale Architects 23 Timeline & Schedule • Site analysis and evaluation will run concurrently with programming for the facilities. We believe these exercises occurring in unison yield a better understanding of the constraints and opportunities of the site and program. • Develop the criteria and metrics for evaluating the site opportunities, including climatic conditions, utilities, synergies with other city programs, land costs, access, etc. Key to this exercise is establishing an informed framework to make objective decisions. • Target value analysis and initial cost modeling will begin to shape a cost complexion for the project that aligns within a reasonable framework for the city. This exercise is developed based on spatial types and building systems unit costs. • Concept explorations will move from macro to micro – initially focused on site diagramming, then working toward floor plan diagrams and physical building massing, then the development of character vignettes. All work will be captured digitally and physically to support a fundraising collateral package. • We expect at least one of the stakeholder workshops will operate as an intensive design charette – or Architecture Camp. During this exercise, our team will settle within a public space in Bozeman for multiple sessions while we work with you to establish the direction for the project. We set up a schedule of short formal meetings (Core Team- only work sessions, focus groups, and open forums) where anyone interested in the project can check in on the progress and offer their perspective. The energy dedicated to the project will be palpable, and participants with busy schedules will appreciate the opportunity to see the rapid evolution of design concepts. Work product—in the form of sketches, drawings, computer modeling, and physical modeling—will adorn the space and serve as the conscience of the project. • Between workshops, interim meetings with the Core Team are anticipated to focus on the design direction and viable concepts. 363 24 City of Bozeman West Side Recreation, Aquatics Center + Library Branch Community Engagement and Conceptual Design Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter ThinkOne ThinkOne William Hanson, AIA, President i 364 Qualifications for Professional Architectural Services ThinkOne + Anderson Mason Dale Architects 25 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter Anderson Mason Dale Architects Joey Carrasquillo, AIA, Principal Anderson Mason Dale Architects 365 26 City of Bozeman West Side Recreation, Aquatics Center + Library Branch Community Engagement and Conceptual Design Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Justin Caron, MBA, CEO Aquatic Design Group Aquatic Design Group 366 Qualifications for Professional Architectural Services ThinkOne + Anderson Mason Dale Architects 27 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter Morrison-Maierle Morrison-Maierle Letha Ebelt, Vice President, Human Resources 367 28 City of Bozeman West Side Recreation, Aquatics Center + Library Branch Community Engagement and Conceptual Design Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter Design 5 Landscape Architecture Design 5 Landscape Architecture Troy Scherer,Managing Member 368 369 3198 Speer Boulevard Denver, CO 80211 303 294 9448 amdarchitects.com 101 East Main Street, Studio One Bozeman, MT 59715 406.586.7020 think1.com 370 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize City Manager to Sign an Agreement for Services with The Community Design Center, Montana State University School of Architecture for the Bozeman Midtown Project MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign an agreement for services with The Community Design Center, Montana State University School of Architecture for the Bozeman Midtown Project. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The Community Design Center is a cooperative professional practice experience under the direct supervision of a Montana State University professor. Students interview clients, determine the scope of work to be performed, develop time budgets for the Center’s services, the schedule and the products to be produced. Each student will have project components for which they are primarily responsible. Students will manage their responsibilities while working with other students to determine appropriate design proposals and meet production schedules. All design proposals will be reviewed and critiqued by all the members of the Center in a cooperative fashion. All work produced by the Center will be of the highest quality, critical in nature, and exceed the client’s expectations. A book will be produced throughout the semester for each project and presented to the clients at their final review. Per the scope of services attached, the Community Design Center will work as an independent contractor to produce neighborhood designs and analysis of current zoning and planning of Midtown. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:? 371 Attachments: N 7th _AGREEMENT FOR SERVICES.docx Report compiled on: August 31, 2022 372 1 | P a g e AGREEMENT FOR SERVICES THIS AGREEMENT is made and entered into between The City of Bozeman, hereinafter called “Client,” and THE COMMUNITY DESIGN CENTER, MONTANA STATEUNIVERSITY, SCHOOL OF ARCHITECTURE,160 Cheever Hall, Bozeman, Montana 59717-3760, Federal Tax ID No. _81-6010045_, hereinafter called “CDC”. This is the sole agreement between the parties and takes precedent over any other agreements, verbal or written, that may take place between the parties unless this agreement is revised in writing to include said changes. SECTION 1 SCOPEOFWORK 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 CDC, as an independent contractor, will produce neighborhood designs and analysis of current zoning and planning of the area from N. 7th to Rouse. Working directly with David Fine and City Manager Jeff Mihelich, the scope can be refined and more focused as the Fall Semester progresses. A.CDC will provide a team of fourth year architectural students to provide neighborhood designs and identify any issues with zoning ordinances that inhibit planning and walkability. B.The project consists of a series of neighborhoods designs that could function as a master site plan, but the intent is more to explore several options throughout the focus area. C.Local Site Visits, Analysis, and Meetings CDC students will visit the site to create photo documentation, gather site and contextual data Meet either in person or via WebEx with the TIF District team, including City of Bozeman employees and local design professionals who have offered to mentor students to: 1. Discuss a variety of potential uses and concepts and narrow down desired outcomes and goals 2. Present initial ideas for review 3. Present preliminary concept design proposal for review 4. Present final concept design proposals for review D.Schematic Design 373 2 | P a g e Develop multiple schematic designs of the neighborhoods and zoning/uses. Based on your comments these will be revised and submitted for further comment. Present draft proposal to you for review and comment E.Presentation Documents Based on Client’s comments and a preliminary review by Client, CDC will prepare presentation documents a. Site plans, diagrams, and infographics b. Site development plans F.The final design product will consist of diagrams, area plans and other drawings showing proposed neighborhood designs, a written report outlining the design process employed by CDC, and other data, analysis, and logic used to develop the projects, including other appropriate graphical or subject information necessary to support the design work. The media will include color and monochrome drawings and text in the form of a bound reduced copy. A power point or digital presentation package can be prepared if needed. Client understands and acknowledges that work on this project is done by students, not licensed architects. The Design Product is limited to presenting concepts and options. Documents produced will not be sufficient for permitting or construction drawings. FINAL DOCUMENTS: The data obtained to meet the requirements of item E above shall be provided to Client in digital format on USB external hard drive as well as hard copy. The work product will be as described in item F above. The following copies of Final Documents shall be provided: A.2 bound hard copies of the Final Documents in booklet form. B.1 copy of the Final Documents distributed electronically. SCHEDULE A.CDC shall hold periodic reviews/presentations of work in progress on the project with Client at a time and place to be mutually agreed to by the parties. B.Project Schedule: The project will commence on August 24 th, 2022 and the final review is tentatively scheduled for the week of December 5th. Meetings, milestones, and deadlines will be scheduled as necessary and agreed on by the client and the CDC. The Schedule will be sent to for review, comment, and approval. C.A final presentation will be made by CDC at a time and place agreeable to Client and CDC. 374 3 | P a g e DEADLINE A.The project shall be completed by CDC and delivered to CLIENT not later than December 16 th, 2022 RESPONSIBILITIES OF PARTIES A.Client and CDC shall cooperate with one another to fulfill their respective obligations under this Agreement B.Unless otherwise provided under this Contract, Client shall provide full information in a timely manner regarding requirements for and limitations on the Project. Client shall furnish to CDC, within 7 days after receipt of written request, information necessary and relevant for CDC evaluation. C.Client shall provide prompt written notice to CDC Client becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in any CDC documents or presentations. D.CDC shall perform services as expeditiously and with the skill and care required for the orderly progress of the Project. E.Time limits established by the schedule referred to under SCHEDULE and approved by Client shall not, except for reasonable cause, be exceeded by CDC or Client 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 375 4 | P a g e reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. SECTION 2 CONTRACTTERM/RENEWAL The term of this contract will be August 24, 2022 through December 15 th 2022 as CDC is available. This instrument shall not be effective until duly signed by all the parties hereto. COMPENSATION SECTION 3 GENERAL TERMS OF PAYMENT Client agrees to pay to CDC the following amounts to complete the Work described in Section 1, SCOPE OF WORK: A.Base Fixed Compensation – CDC Studio Fee $10,000.00 B.Reimbursable Expenses beyond the Base Fixed Compensation - $500.00 1.Cost of materials and supplies as required to develop the Work. 376 5 | P a g e 2.Cost of producing hardcopy and digital documents described under FINAL DOCUMENTS. PAYMENTS A.An initial payment of $3,000.00 Dollars is to be made at the signing of this agreement. This payment will be credited to the amount noted under Compensation, item 1. B.The final payment of $7,000.00 will be due and payable on completion of the Final Documents and the final delivery to and review by Client but no later than December 31 st, 2022. C.Reimbursable Expenses incurred during the execution of the work will be billed in an addition to the payments due under items B and C above. SECTION4 LIAISON Client has designated David Fine as liaison to whom CDC is to direct its communications concerningthis Agreement. CDC has designatedJordan Zignegoof the CommunityDesign Center as its liaison to whom Client is to direct its communications concerning this Agreement. SECTION5 RECORDS CDC shall record all information and data obtained in the performance of the Agreement and shall make such information available to Client upon request. Upon completion of this Agreement, all information and data, including the final study document, shall become the property of Client. SECTION 6 ADVERTISING/NEWSRELEASES CDC shall not advertise or share information concerning stipulations of this contract without prior written consent from Client, but retains the right to advertise the work in any form or media. This does not prohibit CDC from sharing contract information needed for provider relationships or efforts needed to carry out other functions described in this contract. SECTION 7 COMPLIANCEWITHLAW CDC must, in performance of work under the contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Anysubletting or subcontracting by CDC subjects subcontractors to the same provision. In accordance with section 49-3-207, MCA, CDC 377 6 | P a g e agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. SECTION 8 CONTRACTTERMINATION 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 378 7 | P a g e immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. SECTION 9 MODIFICATIONOFCONTRACT A.No modification of this agreement shall be valid or binding unless such modification is in writing, duly dated, and executed by all parties to this original agreement. B.If any portion of this contract becomes void by order of a court of law, all other sections of this contract remain in place with full force and effect. SECTION 10 LIMITSOFAGREEMENT This instrument contains the entire Agreement between the parties, and no statements, promises of inducements made by either party, or agents of either party, which are not contained in the written Agreement shall be valid or binding. This Agreement may not be enlarged, modified or altered except as provided in Section 9, Modifications of this contract. SECTION 11 BEST EFFORTS OF CDC; RELEASE, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT Thepartiesacknowledgeandagreethatthiscontractwillbeperformedbyenrolledstudents under the supervision of faculty for academic credit. The students are not professionalarchitects and there is no representation that the services provided hereunder are professional services provided by independent Contractors. The project is undertaken to provide students practical experience as part of the undergraduate educational experience. A.CDC as a division of Montana State University warrants and represents that it is self- funded for liability insurance, both public and property, with such protection being limited to the officers, employees, servants and agents of Montana State University while acting within the scope of their employment. The parties further agree that nothing contained hereinshall beconstrued orinterpretedas(1) denyingto eitherparty anyremedyor defense 379 8 | P a g e available to such party under the laws of the State of Montana; (2) the consent of the State of Montana or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Montana beyond the waiver provided in Title 2, Ch. 9, Montana Codes Annotated. B.CDC agrees that it will at all times faithfully, industriously, and to the best of its ability, experience and talents, perform all of the duties and obligations that may be required of it pursuant to the express terms of the agreement. C.CDC agrees to conduct itself so as not to diminish the good will and reputation of Client and to abide by all applicable laws, rules, and regulations. D.CDC further agrees to comply with, abide by, and be bound by the terms, conditions, and covenants of this agreement. COMMUNITY DESIGN CENTER JEFF MIHELICH MONTANA STATE UNIVERSITY CITY of BOZEMAN SCHOOL OF ARCHITECTURE By: By: Title: Title: Date: Date: 380 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Guaranteed Maximum Price Amendment No. 2 to the Construction Contract for the Library Renovation Project. MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Guaranteed Maximum Price Amendment No. 2 to the Construction Contract for the Library Renovation Project. STRATEGIC PLAN:5.1 Civic and Cultural Infrastructure: Expand Bozeman's civic and cultural "infrastructure" as the city grows. BACKGROUND:On June 7, 2022 the City Commission approved a Guaranteed Maximum Price (GMP) associated with a Contract for General Contractor / Construction Manager Services with Martel Construction Inc. for the Bozeman Public Library Renovation. Audio/Visual equipment was not included in the original bid, due to procurement challenges associated with costs exceeding the original budget. Adjustments to the scope of work have been made, allowing bids for A/V equipment to move forward since the original GMP was established. This GMP Amendment No. 2 adds the cost of A/V ($226,898) to the overall project total. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:Funding to support Audio/Visual equipment is included in the overall project budget, and funded by donations from the Bozeman Public Library Foundation. Attachments: Guaranteed Maximum Price Amendment No. 2 for Public Library.pdf Report compiled on: August 25, 2022 381 382 GUARANTEED MAXIMUM PRICE AMENDMENT (GMP) NO. 2 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Article 4.5 of the Preconstruction Services Conditions Agreement between Owner and Construction Manager this amendment dated the 13th day of September, 2022, between City of Bozeman (“Owner”) and Martel Construction, Inc. (“Contractor”) for the Bozeman Public Library, hereby establishes a Guaranteed Maximum Price and Contract Time for the portion of the Project as set forth below: GUARANTEED MAXIMUM PRICE FOR BOZEMAN PUBLIC LIBRARY The Construction Manager’s Guaranteed Maximum Price (GMP) for the Work, including the Cost of the Work and the Construction Manager’s Fee is as follows: Base Bid General Requirements $230,098.00 Existing Conditions $46,800.00 Concrete $11,044.00 Masonry $18,500.00 Steel $46,721.00 Wood & Plastics $553,636.00 Thermal & Moisture Protection $47,252.00 Doors & Windows $423,521.00 Finishes $626,222.00 Specialties $2,202.00 Equipment $28,033.00 Furnishings $57,811.00 Fire Suppression $41,558.00 Plumbing $65,329.00 HVAC $110,350.00 Electrical $922,617.00 Electrical Allowance $16,904.00 Communications $38,426.00 Site Improvements $3,034.00 Site Specific Requirements $152,990.00 Audio/Visual $226,898.00 Base Bid Subtotal $3,669,946 General Liability Insurance $33,648.00 Gross Receipts Tax $3,620.00 Builders Risk $13,610.00 Bond $25,708.00 383 Construction Fee $175,137.00 Construction Contingency $102,784.00 Base Bid Total $354,507.00 Pre-Construction Services Total $21,560.00 TOTAL GUARANTEED MAXIMUM PRICE $4,046,013.00 CONTRACT TIME The date of Substantial Completion for the Work outlined above is: 12 months from Notice to Proceed OWNER: CONTRACTOR: City of Bozeman Martel Construction, Inc. 121 N. Rouse Ave. 1203 S. Church Ave. Bozeman, MT 59715 Bozeman, MT 59715 By:__________________________ By: __________________________ Jeff Mihelich, City Manager Travis Kabalin, Vice President 384 Memorandum REPORT TO:City Commission FROM:Cody Flammond, Engineer II Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with 915 Building Partners, LLC for the Flooring Place Warehouse Site Plan (21354) MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with 915 Building Partners, LLC for the Flooring Place Warehouse Site Plan (21354). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Conditional Irrevocable Offer of Dedication Report compiled on: September 1, 2022 385 386 387 388 389 Memorandum REPORT TO:City Commission FROM:Mike Veselik, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to sign Task Order #EDD22-02 for on-call Miscellaneous Parking Services to be billed on a Time and Materials Basis MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Task Order #EDD22-02 for on-call Miscellaneous Parking Services to be billed on a Time and Materials Basis 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:Task Order #EDD22-02 is to allow for Sanderson Stewart to provide the city's parking division with on-call engineering services on an as-needed basis. This allows staff to get small projects done quickly while utilizing the expertise of the engineers and planners at Sanderson Stewart. UNRESOLVED ISSUES:No Unresolved Issues ALTERNATIVES:Alternatives as proposed by the Commission FISCAL EFFECTS:Not to exceed $10,000, in FY23 budget Attachments: URD Task Order Form EDD22-002.docx Sanderson_Stewart_Charge_Out_Rates_2022.pdf Report compiled on: August 23, 2022 390 City of Bozeman Urban Renewal District Term Contract Task Order Number #EDD22-002 PROJECT:On-Call Miscellaneous Parking Services Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated June 30, 2022 between the City of Bozeman Economic Development Department and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Mike Veselik, Economic Development Department Contractor: Danielle Scharf, Sanderson Stewart SCOPE OF WORK:The scope for this task order shall include miscellaneous services to explore options for increasing parking supply in Downtown Bozeman to be provided on an as-needed basis at the request of the City of Bozeman Economic Development Department. COMPENSATION:Sanderson Stewart will bill for its services on a time-and-materials basis not to exceed $10,000.00. Sanderson Stewart shall submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “time-and-materials basis” according to the attached standard rate sheet for Sanderson Stewart. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Sanderson Stewart Jeff Mihelich, City Manager Danielle Scharf, Principal 391 OUTSIDE CONSULTANTS SURVEY CREW SERVICESSTAFF PERSONNEL SERVICES CHARGE OUT RATES EFFECTIVE FEBRUARY 16, 2022 Staff Engineer I $110.00/hour Staff Engineer II $125.00/hour Project Engineer I $130.00/hour Project Engineer II $140.00/hour Senior Engineer I $175.00/hour Senior Engineer II $210.00/hour Principal $235.00/hour Engineer Intern $70.00/hour Expert Witness/Special Consultant $285.00/hour Staff Planner I $95.00/hour Staff Planner II $105.00/hour Planner I $130.00/hour Planner II $145.00/hour Senior Planner I $155.00/hour Senior Planner II $170.00/hour Right-of-Way Agent $165.00/hour Staff Landscape Designer I $95.00/hour Staff Landscape Designer II $105.00/hour Landscape Architect I $130.00/hour Landscape Architect II $145.00/hour Senior Landscape Architect I $155.00/hour Senior Landscape Architect II $170.00/hour Field Survey Technician I $80.00/hour Field Survey Technician II $85.00/hour Staff Surveyor I $105.00/hour Staff Surveyor II $115.00/hour Professional Land Surveyor $125.00/hour Senior Professional Land Surveyor $175.00/hour Graphic Artist $95.00/hour Marketing Director $155.00/hour CADD Technician I $85.00/hour CADD Technician II $90.00/hour Designer I $100.00/hour Designer II $105.00/hour Senior Designer I $120.00/hour Senior Designer II $130.00/hour Construction Inspector $85.00/hour Construction Engineering Technician $100.00/hour Senior Construction Engineering Technician $135.00/hour Construction Engineer I $130.00/hour Construction Engineer II $140.00/hour Project Administrator $100.00/hour Administrative/Clerical $85.00/hour 1-man Crew/2-man Crew $Per Job Survey Equipment $15.00 /fieldwork hour Survey Vehicle Mileage $.75 /mile Scanner Equipment $150.00 /hour Scanner Equipment (Hourly) $150 /hour Scanner Equipment (Full Day) $1,050 /day 1)At cost if independently billed direct to client. 2)Cost plus 5% if billed through us. INDEPENDENT LABORATORIES 1)At cost if independently billed direct to client. 2)Cost plus 5% if billed through us. ADMINISTRATIVE EXPENSES Administrative expenses (including copies, prints, phone, postage, materials, and travel) 3.5% * * based on professional services only, unless modified by contract Vehicle Mileage IRS Rate These rates are updated periodically to reflect market conditions. Rate increases will be reflected in future invoicing. 392 Memorandum REPORT TO:City Commission FROM:Max Ziegler - Facilities Project Coordinator Mike Gray - Facilities Superintendent SUBJECT:Authorize City Manager to Sign a Professional Services Agreement with Ingram-Clevenger, Inc. for Facilities Projects MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign professional services agreement with Ingram- Clevenger, Inc. for facilities projects. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Facilities Dept. often uses general contractors for projects related to facilities management and maintenance. To attract a wider pool of contractors the Facilities Dept. published an RFQ for general contractors on April 10, 2022, with the intention of placing qualified respondents on a preferred contractor list and establishing agreements to provide general contractor services at pre-negotiated rates. This will help minimize procurement delays in responding to future facilities projects as they arise, such as emergency repairs. Ingram-Clevenger has a long history of working with the City of Bozeman and the Facilities Dept and were solicited directly for their proposal as they had not responded to the RFQ but were actively working on City projects. Ingram-Clevenger has demonstrated themselves to be qualified contractors, and has provided a schedule of rates for services and materials to be applied to future projects. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:Expenses for work performed under this agreement will be charged at rated stated in Exhibit A. Total expenses and funding sources for future facilities projects will vary by project. Attachments: Public Service Agreement - Ingram-Clevenger - General Contractor Services.pdf 393 Report compiled on: August 15, 2022 394 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Ingram-Clevenger Page 1 of 13 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Ingram-Clevenger, Inc., PO Box 5387, Helena, MT 50604, 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 1st day of July, 2025, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: This scope of work is Exhibit A to the Professional Services Agreement to provide various professional and technical (other) services for City projects requiring general contractor services, as requested by the City of Bozeman. Specific projects requested to be completed will require authorization to proceed based on individual task orders issued by Jeff Mihelich, City Manager, Jon Henderson, Director of Strategic Services, or Mike Gray, Facilities Superintendent. The technical services provided include construction, general contractor services, project administration or other similar consulting (other) services for the City of Bozeman. 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. 395 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Ingram-Clevenger Page 2 of 13 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 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. 396 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Ingram-Clevenger Page 3 of 13 Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 397 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Ingram-Clevenger Page 4 of 13 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 398 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Ingram-Clevenger Page 5 of 13 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 399 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Ingram-Clevenger Page 6 of 13 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. 400 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Ingram-Clevenger Page 7 of 13 c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Project Coordinator, or such other individual as 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. 401 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Ingram-Clevenger Page 8 of 13 b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Joe Petrini, 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, 402 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Ingram-Clevenger Page 9 of 13 gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 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 403 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Ingram-Clevenger Page 10 of 13 authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 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 404 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Ingram-Clevenger Page 11 of 13 which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than July 1, 2027. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 405 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Ingram-Clevenger Page 12 of 13 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 406 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Ingram-Clevenger Page 13 of 13 EXHIBIT A TO: CITY OF BOZEMAN OFFICE OF FACILITIES BOZEMAN, MT 59715 August 2, 2022 Revised FROM: INGRAM-CLEVENGER, INC. P O BOX 5387 HELENA, MT 50604 Standing Projects Contracts Proposal Our firm performs work as a general contractor, performing the concrete, framing, furnishing and installing doors, frames and hardware, acoustic ceilings, and accessories. Work related to: mechanical, electrical, plumbing, fire sprinklers, fire alarm, security, excavation and site work, wall and floor finish is subcontracted to responsible contractors. Ingram-Clevenger, Inc. is signatory to the Northwest Carpenters Union – Montana State Wide Agreement, that is usually the basis for the current Montana Department of LABOR rate schedule. Cost Structure: Hourly Rates: Construction Manager: $70.00 per hour regular time-OT Rate: $90.00 Carpenter Journeyman $60.00 per hour regular time-OT Rate: $78.00 2nd Year carpenter Apprentice: $52.00 per hour regular time-OT Rate $62.00 Misc. Costs: Markup for materials, equipment rental, subcontractor work to be 15% If required cost of bonds, special insurances, taxes or other indirect costs to be added without markup. Office administrative costs to be excluded from billing. Ingram-Clevenger, Inc. Joe T Petrini 407 Memorandum REPORT TO:City Commission FROM:Jessica Ahlstrom, Water Conservation Program Manager Adam Oliver, Stormwater Program Manager John Alston, Director of Utilities SUBJECT:Authorize the City Manager to sign a Professional Services Agreement with Montana Outdoor Science School to Implement Year Two of a Direct Student Engagement Pilot Program in Bozeman Public Schools Utilizing the Bozeman Water Conservation and Stormwater Management Educator Guide MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with Montana Outdoor Science School to Implement Year Two of a Direct Student Engagement Pilot Program in Bozeman Public Schools Utilizing the Bozeman Water Conservation and Stormwater Management Educator Guide. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:On October 15, 2015 the City entered into an agreement with Project WET Foundation, a local non-profit organization that provides action-oriented water education programs for students and teachers, to develop the Bozeman Water Conservation and Stormwater Management Educator Guide (Guide). The Guide, which correlates to Common Core and Next Generation Science Standard learning objectives at the 5th grade level, includes a series of five place-based, hands-on lessons that present complex concepts related to watersheds, water conservation and stormwater in a fun, relevant, and accessible manner. From 2015-2018, nine Bozeman Public School teachers among seven schools volunteered to facilitate lessons included in the Guide to over 1,300 students. In 2017, the Guide was submitted to the Bozeman Public School District for review to be integrated into the curriculum as a base resource, which would make the Guide part of the mandatory science curriculum at the 5th grade level, ensuring that the lessons reached all 5th grade students. After consideration, the Bozeman Public School District chose to adopt the Guide as a supplementary resource, which makes it an approved optional curriculum resource. Despite making a concerted effort to provide teachers with continuing education credits and flexible training to facilitate the Guide with students, it has become increasingly challenging to recruit teachers to utilize the Guide 408 in the classroom. This is likely due in part to teacher turnover, heavy teacher workloads, and an increased time commitment to facilitate the lessons. On January 25, 2022, the City of Bozeman and Montana Outdoor Science School (MOSS), a local non-profit organization focused on environmental education, entered into a professional services agreement to implement the Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum - Direct Student Engagement Pilot Program (Program). This Program provided 5th grade teachers in Bozeman Public Schools with an opportunity to receive support from MOSS to teach the lessons directly to students - removing the time commitment associated with Guide implementation from the 5th grade teachers. MOSS supported six 5th grade teachers and reached 173 students through this Program in the spring of 2022. Pre- and post-assessment scores indicate an increase in knowledge regarding Bozeman’s local water supplies, water conservation, and stormwater. The attached Professional Services Agreement (PSA) represents work to continue this Program and will allow for MOSS to facilitate the lessons to nine 5th grade classrooms in the Bozeman Public School District. The attached Scope of Services also includes tasks that arose from lessons learned during the spring 2022 Program, including: • Streamlining lesson content so that the content is more focused and will accommodate 90 minutes of class time; • Revising the pre- and post-assessment content to better accommodate quantitative scoring and ensure that assessment questions directly pertain to student learning objectives; and • Adjusting the Home Water Investigation worksheet and lesson approach to help students better understand the math exercise associated with the Bozeman Home Water Investigation lesson. The attached Direct Student Engagement Pilot Program Year One Summary & Results provides a detailed summary of results and lessons learned from Program implementation in the spring of 2022. This Program will advance the educational objectives of the Water Conservation and Stormwater Divisions by reaching more young learners with locally relevant, objective, and experiential water education. Additionally, the program will facilitate compliance with the City’s MS4 Permit’s Outreach and Education and Public Involvement requirements. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Total costs shall not exceed $10,876.00 and shall be paid for from the Water Conservation Division professional services fund ($10,000.00) and the Stormwater Division professional services fund ($876.00). Attachments: Professional Services Agreement_MOSS_09_2022.pdf 409 Scope of Services_MOSS Direct Student Engagement Pilot Program_Year Two.pdf Direct Student Engagement Pilot Program Year One Summary & Results.pdf Report compiled on: September 1, 2022 410 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 2022 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Montana Outdoor Science School, with a mailing address of PO Box 502, Bozeman, MT 59771, 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. 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: 411 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 2 of 11 a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that 412 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 3 of 11 Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees 413 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 4 of 11 incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. 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. 414 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 5 of 11 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. 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 415 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 6 of 11 Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 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. 416 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 7 of 11 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Jessica Ahlstrom, Water Conservation 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. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Molly Ward, Education Director, 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. 417 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 8 of 11 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has 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 418 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 9 of 11 such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 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. 419 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 10 of 11 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the 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 420 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 11 of 11 agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA Montana Outdoor Science School By________________________________ By__________________________________ Jeff Mihelich, City Manager Molly Ward, Education Director APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 421 Exhibit A: Scope of Services Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year 2 I. Background On January 25, 2022, the City of Bozeman and Montana Outdoor Science School (MOSS) entered into a professional services agreement to implement the Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum - Direct Student Engagement Pilot Program (Program). The intent of the Program was to provide 5th grade students with a solid founding knowledge in Bozeman’s freshwater resources, hydrologic processes, and the importance of water conservation, through hands- on, place based learning. More specifically, the Program was intended to provide 5th grade teachers in Bozeman Public Schools with an opportunity to receive support from MOSS to teach the curriculum directly to students. II. Purpose The City requires an organization with the skills and expertise to educate 5th grade students in Bozeman Public Schools on Bozeman’s watershed, the importance of water conservation, and stormwater runoff and pollution through the implementation of the Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year 2. The intent of this project is to: Continue to provide 5th grade students with a solid founding knowledge in Bozeman’s freshwater resources, hydrologic processes, and the importance of water conservation through hands-on, place based learning; Expand the reach of the Direct Student Engagement Pilot Program and improve the Program through the implementation of lessons learned during the 2021-2022 school year; and Continue to provide 5th grade teachers in Bozeman Public Schools with an opportunity to receive support from MOSS to teach the curriculum directly to students. III. Student Learning Objectives Knowledge in the main components of a watershed and how water moves within Bozeman’s watershed Understand major components of the Gallatin and Bozeman Municipal watersheds throughout the year Gather information on water use data to calculate, organize, and understand the importance of implementing water conservation measures Understand how Bozeman’s stormwater distribution system works and factors that affect water movement throughout the City IV. Curriculum Description Seeing Bozeman’s Watershed: o Students find out what a watershed is, describe how water flows in a watershed based on elevation, and use maps to identify key parts and functions of watersheds in general and in the Gallatin River and Bozeman Municipal Watersheds, specifically. 422 Bozeman Home Water Investigation: o Students discuss Bozeman water sources and water conservation concepts, conduct a home water investigation, and compare and contrast results with and without the implementation of water conservation practices. Students then make recommendations for personal conservation strategies at home based on water and monetary savings. A Year in the Gallatin River Watershed: o Students participate in a hands-on exercise to describe how water flows in their watershed based on elevation and seasons. Stormwater Hike: o Students are introduced to City watershed concepts and the Bozeman stormwater distribution system through an investigation of water flow on their school grounds. Adding Up Stormwater Pollution: o Students demonstrate how runoff carries nonpoint source pollution into Bozeman’s storm sewer system and ultimately into our waterways without going to a treatment plant. Focus is on everyone’s contribution, group and individual action, the pollution of water as it flows through the City of Bozeman and how it can be reduced. V. Contractor Responsibilities Contractor will provide training to educators within Contractor’s organization to facilitate the Bozeman Water Conservation and Stormwater Management Educator Guide curriculum in Bozeman Public Schools. Contractor will engage Bozeman Public Schools to participate in this direct student engagement program with a goal of recruiting nine 5th grade classes from at least three schools. The Contractor will offer this program to all 5th grade teachers within the Bozeman Public School District to allow an equal opportunity of engagement and participation. Contractor will select interested classrooms based on a first-come, first served application process. Contractor will facilitate the curriculum in up to nine 5th grade classes from at least three Bozeman elementary schools. Contractor Responsibilities below include work items that resulted from lessons learned during the 2021-2022 Pilot Program year. Streamline lesson content so that the content is more focused and will accommodate 90 minutes of class time; Offer the Stormwater Hike lesson as a supplementary resource to teachers to use with their students after the Program is completed; Revise the pre- and post-assessment content to better accommodate quantitative scoring and ensure that assessment questions directly pertain to student learning objectives; Adjust the Home Water Investigation worksheet and lesson approach to help students better understand the math exercise associated with the Bozeman Home Water Investigation lesson; Hire and train qualified instructors to teach the Bozeman Water Conservation and Stormwater Management Educator Guide curriculum; Engage and recruit 5th grade elementary teachers within Bozeman Public Schools and select classes based on a first come, first served application process; Provide program and promotional materials; 423 Communicate and organize scheduled teaching days with Bozeman 5th grade elementary teachers; Provide students with quantifiable pre- and post- curriculum knowledge assessments to track the effectiveness of this program; Execute curriculum in nine different 5th grade classes from at least 3 elementary schools; Provide a summary report to the City outlining program successes, lessons learned and student impacts after completion of the program – including all pre-post-assessment results. VI. City Responsibilities Provide the Bozeman Water Conservation and Stormwater Management Educator Guide curriculum to Contractor for teaching; Provide Contractor with relevant teaching materials pertaining to the curriculum; Provide input on classroom organization and methods for implementing hands on lesson plans in a COVID safe environment. VII. Cost and Timeline Planning MOSS Education Director Time (adjustment to curriculum, revisions to assessments, revisions to Home Water Investigation worksheet, upkeep of materials, teacher/school district communications, instructor training) $2,000 Program Material Goods $200 Promotional Materials $200 Training Training MOSS instructors to present the program (15 instructors for 8 hours) $2,176 Implementation Cost to present program in nine 5th grade classrooms (three, 1.5 hour visits per classroom) in at least three Bozeman elementary schools Approximate $700 per classroom of ~30 students; includes salary for 2 MOSS instructors for six instruction hours, curriculum review, prep time, set-up time, travel time, mileage, very small consumable materials budget $6,300 Project timeline includes the entire 2022-2023 school year TOTAL $10,876 City shall pay Contractor for work completed based on time and materials. Total cost shall not exceed $10,876 without written consent by City. Contractor shall invoice City no more often than once monthly. 424 1 | P a g e Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year One Summary & Results Introduction On January 25, 2022, the City of Bozeman and Montana Outdoor Science School (MOSS) entered into a professional services agreement to implement the Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum - Direct Student Engagement Pilot Program (Program). The intent of this project was to provide 5th grade students with a solid founding knowledge in Bozeman’s freshwater resources, hydrologic processes, and the importance of water conservation through hands- on, place based learning, and to provide 5th grade teachers in Bozeman Public Schools with an opportunity to receive support from MOSS to teach the curriculum directly to students. Recruitment The goal of this Program was to reach at least five 5th grade classrooms in at least three Bozeman Public Schools. A website and online application was created (http://www.outdoorscience.org/water-wise- kids) and emailed directly to all of Bozeman’s 5th grade teachers. Five teachers responded to the initial call for applications and teachers were selected for the Program based on a first-come, first-served basis. Two teachers from Meadowlark Elementary, three teachers from Morning Star Elementary and one teacher from the Bozeman Online Charter School participated in the Program. A teacher from Hyalite Elementary School also applied to participate, but scheduling conflicts prevented their participation this year. In total, MOSS was able to visit six classrooms in three different schools and reach 173 students. School Teacher Number of Students 1 Meadowlark Fergeson 28 2 Meadowlark Pauletti 29 3 Morning Star Babcock 30 4 Morning Star Dore 30 5 Morning Star McIntosh 30 6 Bozeman Online Charter School Rabinsky 26 TOTAL 6 classrooms 173 Table 1: Summary of Program Participation Classroom Visits With the exception of Bozeman Online Charter School, in which one MOSS instructor led the Program, two MOSS instructors visited each school three times. Each visit was approximately two hours long (although there was some variation due to scheduling) and about one week apart. Between visits, students were tasked with an at-home water audit to record baseline water use (between the first and second visit), and a second water audit (between the second and third visit) where water conservation practices were implemented. 425 2 | P a g e Classroom visits were structured as follows: Pre-visit assessment online Visit 1 Seeing Bozeman’s Watershed Crumpled Watershed Activity Blue River Watershed Activity (using chalk) Bozeman Municipal Watershed (laminated with wet erase markers) Introduction to Bozeman Home Water Investigation Students were given Home Water Investigation Day 1 sheet to take home Visit 2 Discussion of Bozeman Home Water Investigation Day 1 results Exploration of water saving tools and devices Brainstorming ideas for water conservation Discuss reasons why water conservation is important Students were given Home Water Investigation Day 2 sheet to take home A Year in the Gallatin River Watershed Activity Seasonal flow simulation using balls/graphing Visit 3 Discussion of Bozeman Home Water Investigation Day 2 results Comparison with Day 1 results Adding Up Storm Water Pollution Activity Post-visit assessment online Table 2: Summary of Classroom Visit Program Content Each class (which included 25-30 students), was split in two groups for some of the activities in order to achieve more direct instructor-student engagement. Teachers were also encouraged to participate. Assessment Data Table 3: Pre- and Post-Assessment Scores School Pre-Assessment Average Post Assessment Average Point Improvement Sample size (number of students who completed both pre/post assessments) Morning Star - Dore 6.32 8.43 2.11 17 Morning Star - Babcock 6.06 8.18 2.12 23 Meadowlark - Pauletti 5.02 8.12 3.1 21 Meadowlark - Ferguson 4.35 8.52 4.17 24 426 3 | P a g e Results of Program efficacy were measured by comparing the scores of identical content-based pre- and post-assessments. Data was only collected from students who completed both the pre- and post- assessments (some students only completed one or the other, and two classrooms did not return any post-assessment results). Questions were open-ended, which led to some challenges related to student interpretation and, in turn, difficulty grading. However, despite these challenges, clear improvement of scores was recorded (quantitatively) and clear advancement in understanding was perceived (qualitatively). Chart 1: Change in Assessment Scores after Program Completion based on Classroom As this was the first year in which the City has worked with MOSS to facilitate these lessons, some opportunities for improvement were identified by MOSS instructors and/or suggested by teachers, and are listed below. Teachers at some schools preferred to include all of their fifth grade classrooms in order to ensure each class received the same hands-on educational opportunities. o Solution: Work toward providing all 5th grade classes in all schools with this Program. The Program would be best run in the warmest months, as two hours was a long time to be outside in March. o Solution: Aim to visit schools in the fall semester of each school year. Open-ended assessment questions made it difficult for some students to interpret the questions, and in turn made scoring the assessments more challenging. o Solution: Revise the pre- and post-assessments to be multiple choice and ensure wording is clear and easy to understand. Instructors and teachers both suggested shorter visits. o Solution: Adjust from 2 hour lesson blocks to 1.5 hour lesson blocks and streamline lesson content and revise so that the content is more focused. 427 4 | P a g e Instructors and teachers both suggested reworking the Home Water Investigation worksheet. Students required a lot of help with the math and found it somewhat confusing. They seemed to understand and succeed in collecting initial data, but ran into issues calculating volumes. This is developmentally appropriate math in theory for this age group, but came with challenges nonetheless. o Solution: Revise, simplify and consider digitizing the Home Water Investigation sheet. o Solution: Spend more time walking the students through the math exercise and consider developing tools to assist them in calculating volumes (Excel spreadsheets, etc.). Some of the concepts in the Program are somewhat abstract. o Solution: Consider purchasing 3-D watershed maps. o Solution: Consider scheduling filed trips to Bozeman Creek and other locations within the watershed. 428 Memorandum REPORT TO:City Commission FROM:Heather Bienvenue SUBJECT:Authorize City Manager to Sign Professional Service Agreement with Journal Technologies for case management software for the City Attorney's Office MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:I move to approve the City Manager's signature for the Professional Services Agreement with Journal Technologies for case management software for the City Attorney's Office. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The City Attorney's Office has used Journal Technologies' Justware program for its case management software for a number of years. Justware is no longer supported by Journal Technology and is essentially obsolete. As a stopgap measure, the City Attorney's Office has contracted with Pine Technologies to maintain Justware until new software is purchased. Following a Request for Proposals, review of available technologies and various companies' abilities to interface with existing software, the City Attorney's Office selected Journal Technologies and its new case management program, eProsecutor, for its new case management software. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:$25,000/year Attachments: eProsecutor Online Agreement - Final Report compiled on: September 2, 2022 429 1 Journal Technologies, Inc. Software as a Service Agreement This Software as a Service Agreement (the “Agreement”), effective as of the date of last signature below (the “Effective Date”), is by and between Journal Technologies, Inc., a Utah corporation (“Provider”), and the City of Bozeman, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana (“Customer”). WHEREAS, Provider provides access to its Services to its customers; WHEREAS, Customer desires to access the Services, and Provider desires to provide Customer access to the Services, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Definitions. “Access Credentials” means any user name, identification number, password, license or security key, security token, PIN, or other security code, method, technology, or device, used alone or in combination, to verify an individual’s identity and authorization to access and use the Services. “Action” means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, civil, criminal, administrative, regulatory, or other, whether at law, in equity, or otherwise. “Affiliate” of a Person means any other Person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such Person. The term “control” (including the terms “controlled by” and “under common control with”) means the direct or indirect power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract, or otherwise. “Agreement” has the meaning set forth in the preamble. “Authorized Users” means Customer’s employees, consultants, contractors, and agents (a) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement; and (b) for whom access to the Services has been purchased hereunder. “Confidential Information” has the meaning set forth in Section 8.1. “Customer” has the meaning set forth in the preamble. 430 2 “Customer Data” means information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from Customer or an Authorized User by or through the Services. For the avoidance of doubt, Customer Data does not include Resultant Data or any other information reflecting the access or use of the Services by or on behalf of Customer or any Authorized User. “Customer Failure” has the meaning set forth in Section 4.2. “Customer Indemnitee” has the meaning set forth in Section 11.1. “Customer Systems” has the meaning set forth in Section 6.2. “Disclosing Party” has the meaning set forth in Section 8.1. “Documentation” means any manuals, instructions, or other documents or materials that the Provider provides or makes available to Customer in any form or medium and which describe the functionality, components, features, or requirements of the Services or Provider Materials, including any aspect of the installation, configuration, integration, operation, use, support, or maintenance thereof. “Effective Date” has the meaning set forth in the preamble. “Fees” has the meaning set forth in Section 7.1. “Force Majeure Event” has the meaning set forth in Section 14.9(a). “Harmful Code” means any software, hardware, or other technology, device, or means, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data Processed thereby; or (b) prevent Customer or any Authorized User from accessing or using the Services or Provider Systems as intended by this Agreement. Harmful Code does not include any Provider Disabling Device. “Indemnitee” has the meaning set forth in Section 11.3. “Indemnitor” has the meaning set forth in Section 11.3. “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world. “Law” means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, or other requirement of any federal, state, local, or foreign government or political subdivision thereof, or any arbitrator, court, or tribunal of competent jurisdiction. 431 3 “Losses” means any and all losses, damages, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers. “Person” means an individual, corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organization, trust, association, or other entity. “Process” means to take any action or perform any operation or set of operations that the SaaS Services are capable of taking or performing on any data, information, or other content, including to collect, receive, input, upload, download, record, reproduce, store, organize, compile, combine, log, catalog, cross-reference, manage, maintain, copy, adapt, alter, translate, or make other derivative works or improvements, process, retrieve, output, consult, use, perform, display, disseminate, transmit, submit, post, transfer, disclose, or otherwise provide or make available, or block, erase, or destroy. “Processing” and “Processed” have correlative meanings. “Provider” has the meaning set forth in the preamble. “Provider Disabling Device” means any software, hardware, or other technology, device, or means (including any back door, time bomb, time out, drop dead device, software routine, or other disabling device) used by Provider or its designee to disable Customer’s or any Authorized User’s access to or use of the Services automatically with the passage of time or under the positive control of Provider or its designee. “Provider Indemnitee” has the meaning set forth in Section 11.2. “Provider Materials” means the Services, Documentation, and Provider Systems and any and all other information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans, or reports, that are provided or used by Provider or any Subcontractor in connection with the Services or otherwise comprise or relate to the Services or Provider Systems. For the avoidance of doubt, Provider Materials include Resultant Data and any information, data, or other content derived from Provider’s monitoring of Customer’s access to or use of the Services, but do not include Customer Data. “Provider Personnel” means all individuals involved in the performance of Services as employees, agents, or independent contractors of Provider or any Subcontractor. “Provider Systems” means the information technology infrastructure used by or on behalf of Provider in performing the Services, including all computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by Provider or through the use of third-party services. “Receiving Party” has the meaning set forth in Section 8.1. 432 4 “Representatives” means, with respect to a party, that party’s employees, officers, directors, consultants, agents, independent contractors, service providers, sublicensees, subcontractors, and legal advisors; provided that in no event shall Provider be, or be deemed to be, a Representative of Customer under this Agreement. “Resultant Data” means data and information related to Customer’s use of the Services that is used by Provider in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. “Service Allocation” has the meaning set forth in Section 3.2. “Services” means the software-as-a-service offering described in Exhibit A. “Subcontractor” has the meaning set forth in Section 2.6. “Support Services” has the meaning set forth in Exhibit B. “Term” has the meaning set forth in Section 13.1. “Third-Party Materials” means materials and information, in any form or medium, including any open-source or other software, documents, data, content, specifications, products, equipment, or components of or relating to the Services that are not proprietary to Provider. 2. Services. 2.1 Access and Use. Subject to and conditioned on Customer’s and its Authorized Users’ compliance with the terms and conditions of this Agreement, Provider hereby grants Customer a non-exclusive, non-transferable (except in compliance with Section 14.8) right to access and use the Services during the Term, solely for use by Authorized Users in accordance with the terms and conditions herein. Such use is limited to Customer’s internal use. Provider shall provide to Customer the Access Credentials upon execution of this Agreement. The total number of Authorized Users will not exceed the number set forth in Exhibit A, except as expressly agreed to in writing by the parties and subject to any appropriate adjustment of the Fees payable hereunder. 2.2 Documentation License. Provider hereby grants to Customer a non-exclusive, non-sublicensable, non-transferable (except in compliance with Section 14.8) license to use the Documentation during the Term solely for Customer’s internal business purposes in connection with its use of the Services. 2.3 Service and System Control. Except as otherwise expressly provided in this Agreement, as between the parties: (a) Provider has and will retain sole control over the operation, provision, maintenance, and management of the Provider Materials; and 433 5 (b) Customer has and will retain sole control over the operation, maintenance, and management of, and all access to and use of, the Customer Systems, and sole responsibility for all access to and use of the Provider Materials by any Person by or through the Customer Systems or any other means controlled by Customer or any Authorized User, including any: (i) information, instructions, or materials provided by any of them to the Services or Provider; (ii) results obtained from any use of the Services or Provider Materials; and (iii) conclusions, decisions, or actions based on such use. Notwithstanding anything to the contrary in this Agreement, all Services, including all Processing of Customer Data by or on behalf of Provider shall be provided solely from within, and on computers, systems, networks, and other infrastructure located in, the United States. 2.4 Reservation of Rights. Nothing in this Agreement grants any right, title, or interest in or to (including any license under) any Intellectual Property Rights in or relating to, the Services, Provider Materials, or Third-Party Materials, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the Services, the Provider Materials, and the Third-Party Materials are and will remain with Provider and the respective rights holders in the Third-Party Materials. 2.5 Changes. Provider reserves the right, in its sole discretion, to make any changes to the Services and Provider Materials that it deems necessary or useful to: (a) maintain or enhance: (i) the quality or delivery of Provider’s services to its customers; (ii) the competitive strength of or market for Provider’s services; or (iii) the Services’ cost efficiency or performance; or (b) to comply with applicable Law. Without limiting the foregoing, either party may, at any time during the Term, request in writing changes to the Services. The parties shall evaluate and, if agreed, implement all such requested changes in accordance with the change procedure set forth in Section 1.6 of Exhibit B. No requested changes will be effective unless and until memorialized in a written change order signed by both parties and Customer pays the applicable fees and amounts for such requested changes as set forth in such change order. 2.6 Subcontractors. Provider may from time to time in its discretion engage third parties to perform Services (each, a “Subcontractor”). 2.7 Suspension or Termination of Services. Provider may, directly or indirectly, and by use of a Provider Disabling Device or any other lawful means, suspend, terminate, or otherwise deny Customer’s, any Authorized User’s, or any other Person’s access to or use of all or any part of the Services or Provider Materials, without incurring any resulting obligation or liability, if: (a) Provider receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires Provider to do so; or (b) Provider believes, in its sole discretion, that: (i) Customer or any Authorized User has failed to comply with any material term of this Agreement, or accessed or used the Services beyond the scope of the rights granted or for a purpose not authorized under this Agreement or in any manner that does not comply with any instruction or requirement of any specifications provided by Provider; (ii) Customer or any Authorized User is, has been, or is likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with any of the Services; or (iii) this Agreement has expired or is 434 6 terminated. This Section 2.7 does not limit any of Provider’s other rights or remedies, whether at law, in equity, or under this Agreement. 3. Use Restrictions; Service Usage and Data Storage. 3.1 Use Restrictions. Customer shall not, and shall not permit any other Person to, access or use the Services or Provider Materials except as expressly permitted by this Agreement and, in the case of Third-Party Materials, the applicable third-party license agreement. For purposes of clarity and without limiting the generality of the foregoing, Customer shall not, except as this Agreement expressly permits: (a) copy, modify, or create derivative works or improvements of the Services or Provider Materials; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Services or Provider Materials to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Services or Provider Materials, in whole or in part; (d) bypass or breach any security device or protection used by the Services or Provider Materials or access or use the Services or Provider Materials other than by an Authorized User through the use of his or her own then valid Access Credentials; (e) intentionally input, upload, transmit, or otherwise provide to or through the Services or Provider Systems, any information or materials that are unlawful or injurious, or contain, transmit, or activate any Harmful Code; (f) intentionally damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Services, Provider Systems, or Provider’s provision of services to any third party, in whole or in part; (g) remove, delete, alter, or obscure any trademarks, specifications, Documentation, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Services or Provider Materials, including any copy thereof; (h) access or use the Services or Provider Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any third party, or that violates any applicable Law; (i) access or use the Services or Provider Materials for purposes of the development, provision, or use of a competing software service or product or any other purpose that is to the Provider’s detriment or commercial disadvantage; or 435 7 (j) otherwise access or use the Services or Provider Materials beyond the scope of the authorization granted under this Section 3.1. 3.2 Service Usage and Data Storage. Exhibit A sets forth Fees for a designated number of Authorized Users and a specified amount of database storage (each a “Service Allocation”), beginning with the Fees payable by Customer for the number of Authorized Users and database storage in effect as of the Effective Date. Provider will notify Customer in writing after Customer has reached eighty percent (80%) of its then current Service Allocation for database storage and Customer’s Service Allocation for database storage will automatically be expanded by one (1) terabyte and Customer’s Fees will be adjusted accordingly at the then current annual rate in accordance with Exhibit A. Document storage shall be charged in accordance with the terms and conditions of Exhibit A. 4. Customer Obligations. 4.1 Customer Systems and Cooperation. Customer shall at all times during the Term: (a) set up, maintain, and operate in good repair and in accordance with the specifications set forth in Section 2.1 of Exhibit B, all Customer Systems on or through which the Services are accessed or used; and (b) provide all cooperation and assistance as Provider may reasonably request to enable Provider to exercise its rights and perform its obligations under and in connection with this Agreement. 4.2 Effect of Customer Failure or Delay. Provider is not responsible or liable for any delay or failure of performance caused in whole or in part by Customer’s or any of its Representatives’ delay in performing, or failure to perform, any of its or their obligations under this Agreement (each, a “Customer Failure”). 4.3 Corrective Action and Notice. If Customer becomes aware of any actual or threatened activity prohibited by Section 3.1, Customer shall, and shall cause its Authorized Users and Representatives to, immediately: (a) take all reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Services and Provider Materials and permanently erasing from their systems and destroying any data to which any of them have gained unauthorized access); and (b) notify Provider of any such actual or threatened activity. 5. Data Backup. The Provider Systems are programmed to perform routine data backups as set out in Provider’s backup policy as amended from time to time, a current version of which is set forth in Section 2.7 of Exhibit B. 6. Security. 6.1 Information Security. Provider will employ security measures in accordance with Provider’s data privacy and security policy as amended from time to time, a current copy of which is set forth in Section 2 of Exhibit B. 6.2 Customer Control and Responsibility. Customer has and will retain sole responsibility for: (a) all Customer Data, including its content and use; (b) all information, 436 8 instructions, and materials provided by or on behalf of Customer or any Authorized User in connection with the Services; (c) Customer’s information technology infrastructure, including computers, software, databases, electronic systems (including database management systems), and networks, whether operated directly by Customer or through the use of third-party services (“Customer Systems”); (d) the security and use of Customer’s and its Authorized Users’ Access Credentials; and (e) all access to and use of the Services and Provider Materials directly or indirectly by or through the Customer Systems or its or its Authorized Users’ Access Credentials, with or without Customer’s knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use. 6.3 Access and Security. Customer shall employ all physical, administrative, and technical controls, screening, and security procedures and other safeguards necessary to: (a) securely administer the distribution and use of all Access Credentials and protect against any unauthorized access to or use of the Services; and (b) control the content and use of Customer Data, including the uploading or other provision of Customer Data for Processing by the Services. Customer shall indemnify, defend, and hold harmless Provider regarding any unlawful or accidental access to or authorized or improper disclosure of Customer Data that results from (i) the conduct of an Authorized User or any other Customer Representative, (ii) changes that Customer or any of its Representatives makes to the configuration of the Services or the hosted database, or (iii) software scripts added to the Services or the hosted database by Customer or any of its Representatives. Without limiting the foregoing, Customer and its Representatives shall: (A) notify Provider immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (B) report to Provider immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by Customer or any of its Representatives or Authorized Users; and (C) not impersonate another Authorized User or provide false identity information to gain access to or use the Services. 7. Fees and Payment. 7.1 Fees. Customer shall pay Provider the fees set forth in Exhibit A (“Fees”) in accordance with this Section 7. 7.2 Taxes. All Fees and other amounts payable by Customer under this Agreement are exclusive of taxes and similar assessments. Without limiting the foregoing, Customer is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Customer hereunder, other than any taxes imposed on Provider’s income. 7.3 Payment. Customer shall pay all Fees set forth in Exhibit A within thirty (30) days after the date of the invoice therefor. Customer shall make all payments hereunder in US dollars. Customer shall make payments to the address or account specified in Exhibit A or such other address or account as Provider may specify in writing from time to time. 437 9 7.4 Late Payment. If Customer fails to make any payment when due then, in addition to all other remedies that may be available: (a) Customer shall reimburse Provider for all costs incurred by Provider in collecting any late payments, including attorneys’ fees, court costs, and collection agency fees; (b) if such failure continues for thirty (30) days, at any time thereafter, Provider may, immediately upon notice to Customer, suspend performance of the Services until all past due amounts have been paid in full, without incurring any obligation or liability to Customer or any other Person by reason of such suspension, and Customer shall remain responsible for all Fees incurred during the period of suspension; and (c) in connection with any such suspension under Section 7.4(b), Provider may, in its sole discretion, permanently erase all Customer Data and Customer’s Confidential Information from all systems Provider directly or indirectly controls, including Provider’s backups, archives and disaster recovery systems, without incurring any obligation or liability to Customer or any other Person by reason of such erasure or otherwise. 7.5 No Deductions or Setoffs. All amounts payable to Provider under this Agreement shall be paid by Customer to Provider in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason (other than any deduction or withholding of tax that is required by applicable Law following notice thereof to Provider). 7.6 Fee Increases. Except as provided for in Exhibit A, and unless Provider indicates otherwise in the manner described in the next sentence, the annual Fees payable for the Services (based on the number of Authorized Users) and for each additional terabyte of database storage utilized by Customer, in each case as set forth on Exhibit A hereto, will automatically increase for each contract year after the first year in an amount calculated by multiplying the then-current annual Fees by a fraction (i) the numerator of which is the index number in the Consumer Price Index for All Urban Consumers (CPI-U) published by the United States Department of Labor and pertaining to Customer’s geographic region, for the latest month preceding the commencement of the next contract year for which data is available and (ii) the denominator of which is said index number as of the time Customer and Provider executed this Agreement. Provider may also elect to increase Fees for any contract year after the first contract year of the Term by a different amount than the automatic CPI-U adjustment described in the preceding sentence by providing written notice of such increase to Customer at least 90 calendar days prior to the commencement of such renewal contract year of the Term, and Exhibit A will be deemed amended accordingly. 8. Confidentiality. 8.1 Confidential Information. In connection with this Agreement each party (as the “Disclosing Party”) may disclose or make available Confidential Information to the other party (as the “Receiving Party”). Subject to Section 8.2, “Confidential Information” means 438 10 information in any form or medium (whether oral, written, electronic, or other) that the Disclosing Party considers confidential or proprietary, including information consisting of or relating to the Disclosing Party’s technology, trade secrets, know-how, operations, plans, strategies, customers, clients, and pricing, and information with respect to which the Disclosing Party has contractual, legal or other confidentiality obligations, in each case whether or not marked, designated, or otherwise identified as “confidential”. 8.2 Exclusions. Confidential Information does not include information that: (a) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information’s being disclosed or made available to the Receiving Party in connection with this Agreement; (b) was or becomes generally known by the public other than by the Receiving Party’s or any of its Representatives’ noncompliance with this Agreement; (c) was or is received by the Receiving Party on a non-confidential basis from a third party that, to the Receiving Party’s knowledge, was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality; (d) the Receiving Party can demonstrate by written or other documentary records was or is independently developed by the Receiving Party without reference to or use of any Confidential Information; or (e) information subject to the open and public records laws of the State of Montana; provided that the Receiving Party will follow the procedures set forth in Section 8.4 (“Compelled Disclosures”) upon receiving a request for information via the public record laws or the State of Montana. 8.3 Protection of Confidential Information. As a condition to being provided with any disclosure of or access to Confidential Information, the Receiving Party shall: (a) not access or use Confidential Information other than as necessary to exercise its rights or perform its obligations under and in accordance with this Agreement; (b) except as may be permitted by and subject to its compliance with Section 8.4, not disclose or permit access to Confidential Information other than to its Representatives who: (i) need to know such Confidential Information for purposes of the Receiving Party’s exercise of its rights or performance of its obligations under and in accordance with this Agreement; (ii) have been informed of the confidential nature of the Confidential Information and the Receiving Party’s obligations under this Section 8.3; and (iii) are bound by confidentiality and restricted use obligations at least as protective of the Confidential Information as the terms set forth in this Section 8; (c) safeguard the Confidential Information from unauthorized use, access, or disclosure using at least the degree of care it uses to protect its similarly sensitive information and in no event less than a reasonable degree of care; (d) promptly notify the Disclosing Party of any unauthorized use or disclosure of Confidential Information and take all reasonable steps with Disclosing Party to prevent further unauthorized use or disclosure; and (e) ensure its Representatives’ compliance with, and be responsible and liable for any of its Representatives’ non-compliance with, the terms of this Section 8. 439 11 (f) Notwithstanding any other provisions of this Agreement, the Receiving Party’s obligations under this Section 8 with respect to any Confidential Information that constitutes a trade secret under any applicable Law will continue until such time, if ever, as such Confidential Information ceases to qualify for trade secret protection under one or more such applicable Laws other than as a result of any act or omission of the Receiving Party or any of its Representatives. 8.4 Compelled Disclosures. If the Receiving Party or any of its Representatives is compelled by applicable Law to disclose any Confidential Information then, to the extent permitted by applicable Law, the Receiving Party shall: (a) promptly, and prior to such disclosure, notify the Disclosing Party in writing of such requirement so that the Disclosing Party can seek a protective order or other remedy or waive its rights under Section 8.3; and (b) provide reasonable assistance to the Disclosing Party, at the Disclosing Party’s sole cost and expense, in opposing such disclosure or seeking a protective order or other limitations on disclosure. If the Disclosing Party waives compliance or, after providing the notice and assistance required under this Section 8.4, the Receiving Party remains required by Law to disclose any Confidential Information, the Receiving Party shall disclose only that portion of the Confidential Information that, on the advice of the Receiving Party’s legal counsel, the Receiving Party is legally required to disclose and, on the Disclosing Party’s request, shall use commercially reasonable efforts to obtain assurances from the applicable court or other presiding authority that such Confidential Information will be afforded confidential treatment. 9. Intellectual Property Rights. 9.1 Provider Materials. All right, title, and interest in and to the Provider Materials, including all Intellectual Property Rights therein, are and will remain with Provider and, with respect to Third-Party Materials, the applicable third-party providers own all right, title, and interest, including all Intellectual Property Rights, in and to the Third-Party Materials. Customer has no right, license, or authorization with respect to any of the Provider Materials except as expressly set forth in Section 2.1 or the applicable third-party license, in each case subject to Section 3.1. All other rights in and to the Provider Materials are expressly reserved by Provider. In furtherance of the foregoing, Customer hereby unconditionally and irrevocably grants to Provider an assignment of all right, title, and interest in and to the Resultant Data, including all Intellectual Property Rights relating thereto. 9.2 Customer Data. As between Customer and Provider, Customer is and will remain the sole and exclusive owner of all right, title, and interest in and to all Customer Data, including all Intellectual Property Rights relating thereto, subject to the rights and permissions granted in Section 9.3. 9.3 Consent to Use Customer Data; Restrictions on Use. Customer hereby irrevocably grants all such rights and permissions in or relating to Customer Data as are necessary or useful to Provider, its Subcontractors, and the Provider Personnel to enforce this Agreement and exercise Provider’s, its Subcontractors’, and the Provider Personnel’s rights and perform Provider’s, its Subcontractors’, and the Provider Personnel’s obligations hereunder. Provider will only Process, use, retain, or disclose Customer Data to provide the Services, to perform Provider’s obligations hereunder and for the other permitted purposes set 440 12 forth in this Agreement, and for no other purpose whatsoever without Customer’s prior written consent or request. Provider will not sell the Customer Data or retain, use, or disclose the information outside of the direct business relationship between Customer and Provider. Provider certifies that it understands the restrictions on Customer Data set forth in the preceding two sentences and will comply with them. For the avoidance of doubt, this Section is not intended to prevent Provider’s support personnel from accessing Customer Data for purposes of investigating or resolving a Support Services request from Customer or its Representatives. 10. Representations and Warranties. 10.1 Mutual Representations and Warranties. Each party represents and warrants to the other party that: (a) it has the full right, power, and authority to enter into and perform its obligations and grant the rights, licenses, consents, and authorizations it grants or is required to grant under this Agreement; (b) the execution of this Agreement by its representative whose signature is set forth at the end of this Agreement has been duly authorized by all necessary corporate, governmental or organizational action of such party; and (c) when executed and delivered by both parties, this Agreement will constitute the legal, valid, and binding obligation of such party, enforceable against such party in accordance with its terms. 10.2 Additional Provider Representations, Warranties, and Covenants. Provider represents, warrants, and covenants to Customer that Provider will perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and will devote adequate resources to meet its obligations under this Agreement. 10.3 Additional Customer Representations, Warranties, and Covenants. Customer represents, warrants, and covenants to Provider that Customer owns or otherwise has and will have the necessary rights and consents in and relating to the Customer Data so that, as received by Provider and Processed in accordance with this Agreement, they do not and will not infringe, misappropriate, or otherwise violate any Intellectual Property Rights, or any privacy or other rights of any third party or violate any applicable Law. 10.4 DISCLAIMER OF WARRANTIES. ALL SERVICES AND PROVIDER MATERIALS ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, PROVIDER (ON BEHALF OF ITSELF, ITS AFFILIATES AND ITS AND THEIR REPRESENTATIVES) SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, NONE OF PROVIDER, ITS 441 13 AFFILIATES OR ITS OR THEIR REPRESENTATIVES MAKES ANY WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES OR PROVIDER MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, OR THAT ANY OF THE FOREGOING WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR COMPONENTS, OR ERROR FREE, OR THAT ANY CUSTOMER DATA WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER OR THIRD-PARTY DISTRIBUTOR OF THE THIRD-PARTY MATERIALS. 11. Indemnification and Insurance. 11.1 11.1 Provider Indemnification. Provider shall indemnify, defend, and hold harmless Customer and Customer’s officers, directors, employees, agents, successors, and assigns (each, a “Customer Indemnitee”) from and against any and all Losses incurred by Customer Indemnitee resulting from any Action by a third party (other than an Affiliate of a Customer Indemnitee) that Customer’s use of the Services (excluding Customer Data and Third-Party Materials) in accordance with this Agreement infringes or misappropriates such third party’s US Intellectual Property Rights. The foregoing obligation does not apply to the extent that the alleged infringement arises from: (a) Third-Party Materials or Customer Data; (b) access to or use of the Provider Materials in combination with any hardware, system, software, network, or other materials or service not provided by Provider or specified for Customer’s use in the Documentation; (c) modification of the Provider Materials other than: (i) by or on behalf of Provider; or (ii) with Provider’s written approval in accordance with Provider’s written specification; (d) failure to timely implement any modifications, upgrades, replacements, or enhancements made available to Customer by or on behalf of Provider; or (e) act, omission, or other matter described in Section 11.2(a), Section 11.2(b), Section 11.2(c), or Section 11.2(d), whether or not the same results in any Action against or Losses by any Provider Indemnitee. 11.2 Customer Indemnification. Customer shall indemnify, defend, and hold harmless Provider and its Subcontractors and Affiliates, and each of its and their respective officers, directors, employees, agents, successors, and assigns (each, a “Provider Indemnitee”) from and against any and all Losses incurred by such Provider Indemnitee 442 14 resulting from any Action by a third party (other than an Affiliate of a Provider Indemnitee) that arise out of or result from, or are alleged to arise out of or result from: (a) Customer Data, including any Processing of Customer Data by or on behalf of Provider in accordance with this Agreement; (b) any other materials or information (including any documents, data, specifications, software, content, or technology) provided by or on behalf of Customer or any Authorized User, including Provider’s compliance with any specifications or directions provided by or on behalf of Customer or any Authorized User to the extent prepared without any contribution by Provider; (c) allegation of facts that, if true, would constitute Customer’s breach of any of its representations, warranties, covenants, or obligations under this Agreement; or (d) negligence or more culpable act or omission (including recklessness or willful misconduct) by Customer, any Authorized User, or any third party on behalf of Customer or any Authorized User, in connection with this Agreement. (e) unlawful or accidental access to or unauthorized or improper disclosure of Customer Data that results from (i) the conduct of an Authorized User, (ii) an unauthorized person obtaining an Authorized User’s account credentials from such an Authorized User or Customer, or (iii) software scripts that are added to the Services by Customer. 11.3 Indemnification Procedure. Each party shall promptly notify the other party in writing of any Action for which such party believes it is entitled to be indemnified pursuant to Section 11.1 or Section 11.2, as the case may be. The party seeking indemnification (the “Indemnitee”) shall cooperate with the other party (the “Indemnitor”) at the Indemnitor’s sole cost and expense. The Indemnitor shall promptly assume control of the defense and shall employ counsel reasonably acceptable to the Indemnitee to handle and defend the same, at the Indemnitor’s sole cost and expense. The Indemnitee may participate in and observe the proceedings at its own cost and expense with counsel of its own choosing. The Indemnitor shall not settle any Action on any terms or in any manner that adversely affects the rights of any Indemnitee without the Indemnitee’s prior written consent, which shall not be unreasonably withheld or delayed. If the Indemnitor fails or refuses to assume control of the defense of such Action, the Indemnitee shall have the right, but no obligation, to defend against such Action, including settling such Action after giving notice to the Indemnitor, in each case in such manner and on such terms as the Indemnitee may deem appropriate. The Indemnitee’s failure to perform any obligations under this Section 11.3 will not relieve the Indemnitor of its obligations under this Section 11, except to the extent that the Indemnitor can demonstrate that it has been prejudiced as a result of such failure. 11.4 Mitigation. If any of the Services or Provider Materials are, or in Provider’s opinion are likely to be, claimed to infringe, misappropriate, or otherwise violate any third-party Intellectual Property Right, or if Customer’s or any Authorized User’s use of the 443 15 Services or Provider Materials is enjoined or threatened to be enjoined, Provider may, at its option and sole cost and expense: (a) obtain the right for Customer to continue to use the Services and Provider Materials materially as contemplated by this Agreement; (b) modify or replace the Services and Provider Materials, in whole or in part, to seek to make the Services and Provider Materials (as so modified or replaced) non-infringing, while providing materially equivalent features and functionality, in which case such modifications or replacements will constitute Services and Provider Materials, as applicable, under this Agreement; or (c) by written notice to Customer, terminate this Agreement with respect to all or part of the Services and Provider Materials, and require Customer to immediately cease any use of the Services and Provider Materials or any specified part or feature thereof. 11.5 Sole Remedy. THIS SECTION 11 SETS FORTH CUSTOMER’S SOLE REMEDIES AND PROVIDER’S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES AND PROVIDER MATERIALS OR ANY SUBJECT MATTER OF THIS AGREEMENT INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. 11.5 Insurance. Provider shall at Provider’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 Provider in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Provider 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 Customer without limit and without regard to the cause therefore and which is acceptable to the Customer. Provider shall furnish to the Customer 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 (for non-owned and hired automobiles) - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. • Cyber Liability Insurance – $1,000,000 per occurrence. This policy may be independent or specifically covered in the General Liability Insurance policy and shall cover data breaches and cyberattacks. 444 16 The above amounts shall be exclusive of defense costs. Customer shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, Automobile Liability, and Cyber Liability policies. The insurance and required endorsements must be in a form suitable to Customer and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Provider shall notify Customer within two (2) business days of Provider’s receipt of notice that any required insurance coverage will be terminated or Provider’s decision to terminate any required insurance coverage for any reason. 12. Limitations of Liability. 12.1 EXCLUSION OF DAMAGES. IN NO EVENT WILL PROVIDER OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION, OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL OR REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. 12.2 CAP ON MONETARY LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF PROVIDER ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNT OF ANNUAL FEES PAID TO PROVIDER UNDER THIS AGREEMENT FOR THE THEN CURRENT YEAR OF THE TERM DURING WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 13. Term and Termination. 13.1 Term. The term of this Agreement commences as of the Effective Date and, unless terminated earlier pursuant any of the Agreement’s express provisions, will continue in effect until the first anniversary of such date, and shall thereafter automatically renew for successive one-year periods (the “Term”), unless either party elects to not renew the Term 445 17 upon written notice to the other party given not less than sixty (60) days prior to the end of the then-current Term. 13.2 Termination. In addition to any other express termination right set forth elsewhere in this Agreement: (a) Provider may terminate this Agreement, effective on written notice to Customer, if Customer: (i) fails to pay any amount when due hereunder, and such failure continues more than thirty (30) days after Provider’s delivery of written notice thereof; or (ii) breaches any of its obligations under Section 3.1, Section 6.2, Section 6.3, or Section 8; (b) either party may terminate this Agreement without cause by giving the other party written notice at least sixty (60) days prior to the date of termination; (c) either party may terminate this Agreement, effective on written notice to the other party, if the other party materially breaches this Agreement, and such breach: (i) is incapable of cure; or (ii) being capable of cure, remains uncured thirty (30) days after the non-breaching party provides the breaching party with written notice of such breach; and (d) either party may terminate this Agreement, effective immediately upon written notice to the other party, if the other party: (i) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (ii) files, or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency Law; (iii) makes or seeks to make a general assignment for the benefit of its creditors; or (iv) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. 13.3 Effect of Termination or Expiration. Upon any expiration or termination of this Agreement, except as expressly otherwise provided in this Agreement: (a) all rights, licenses, consents, and authorizations granted by either party to the other hereunder will immediately terminate; (b) Provider shall immediately cease all use of any Customer Data or Customer’s Confidential Information and (i) upon Customer’s payment of the amounts set forth in Section 2.5 of Exhibit B return to Customer, or at Customer’s written request destroy, all documents and tangible materials containing, reflecting, incorporating, or based on Customer Data or Customer’s Confidential Information; and (ii) will in consultation with Customer return Customer Data in MS-SQL format and/or permanently erase all Customer Data and Customer’s Confidential Information from all systems Provider directly or indirectly controls, provided that, for clarity, Provider’s obligations under this Section 13.3(b) do not apply to any Resultant Data; 446 18 (c) Customer shall immediately cease all use of any Services or Provider Materials and (i) promptly return to Provider, or at Provider’s written request destroy, all documents and tangible materials containing, reflecting, incorporating, or based on any Provider Materials or Provider’s Confidential Information; and (ii) permanently erase all Provider Materials and Provider’s Confidential Information from all systems Customer directly or indirectly controls; (d) notwithstanding anything to the contrary in this Agreement, with respect to information and materials then in its possession or control: (i) the Receiving Party may retain the Disclosing Party’s Confidential Information; (ii) Customer may retain Provider Materials, in the case of each of subclause (i), and (ii) in its then current state and solely to the extent and for so long as required by applicable Law; (iv) all information and materials described in this Section 13.3(d) will remain subject to all confidentiality, security, and other applicable requirements of this Agreement including indemnification; (e) Provider may disable all Customer and Authorized User access to the Provider Materials; (f) if Customer terminates this Agreement pursuant to Section 13.2(c), or if Provider terminates this Agreement pursuant to Section 13.2(b), Customer will be relieved of any obligation to pay any Fees attributable to the period after the effective date of such termination and Provider will refund to Customer any Fees paid in advance for Services that Provider has not performed as of the effective date of termination; (g) if Provider terminates this Agreement pursuant to Section 13.2(a) or Section 13.2(c), or if Customer terminates this Agreement pursuant to Section 13.2(b), all Fees that would have become payable had the Agreement remained in effect until expiration of the Term will become immediately due and payable, and Customer shall pay such Fees, together with all previously-accrued but not yet paid Fees, on receipt of Provider’s invoice therefor; and (h) if Customer requests in writing at least 30 days prior to the effective date of expiration or termination, subject to Section 13.3(d), Provider shall, within a commercially reasonable timeframe following such expiration or termination, deliver to Customer the then most recent version of Customer Data maintained by Provider, provided that Customer has at that time paid all Fees then outstanding and any amounts payable after or as a result of such expiration or termination, including any expenses and fees, on a time and materials basis, for Provider’s services in transferring such Customer Data. 13.4 Surviving Terms. The provisions set forth in the following sections, and any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement: Section 3.1, Section 5 (last sentence only), Section 6.2, Section 6.3, Section 8, Section 10.4, Section 11, Section 12, Section 13.3, this Section 13.4, and Section 14. 447 19 14. Miscellaneous. 14.1 Further Assurances. On a party’s reasonable request, the other party shall, at the requesting party’s sole cost and expense, execute and deliver all such documents and instruments, and take all such further actions, as may be necessary to give full effect to this Agreement. 14.2 Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. 14.3 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. 14.4 Notices. Except as otherwise expressly set forth in this Agreement, any notice, request, consent, claim, demand, waiver, or other communications under this Agreement have legal effect only if in writing and addressed to a party as follows (or to such other address or such other person that such party may designate from time to time in accordance with this Section 14.4): If to Provider: Journal Technologies, Inc. 915 East First Street Los Angeles, CA 90012 Attention: Maryjoe Rodriguez, President If to Customer: City of Bozeman City Attorney’s Office P.O. Box 1230 Bozeman, MT 59771-1230 Email: hbienvenue@bozeman.net Attention: Heather Bienvenue, Office Manager Notices sent in accordance with this Section 14.4 will be deemed effectively given: (a) when received, if delivered by hand, with signed confirmation of receipt; (b) when received, if sent by a nationally recognized overnight courier, signature required; and (c) on the third (3rd) business day after the date mailed by certified or registered mail, return receipt requested, postage prepaid. 14.5 Interpretation. For purposes of this Agreement: (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this Agreement as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (e) words denoting any gender include all genders. Unless the context otherwise requires, references in this Agreement: (x) to sections, exhibits, schedules, attachments, and appendices mean the 448 20 sections of, and exhibits, schedules, attachments, and appendices attached to, this Agreement; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The parties intend this Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits, schedules, attachments, and appendices referred to herein are an integral part of this Agreement to the same extent as if they were set forth verbatim herein, and each of them is incorporated herein by this reference. Provider agrees to be bound by its responses to the Customer’s Cloud Questionnaire, incorporated into and attached to this Agreement as Attachment C and made part of this Agreement. Such responses constitute material consideration for the Customer to enter into this Agreement and the responses are material representations regarding the Provider’s performance. 14.6 Headings. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement. 14.7 Entire Agreement. This Agreement, together with the Exhibits hereto, constitutes the sole and entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. 14.8 Assignment. Customer shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance under this Agreement, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without Provider’s prior written consent. No assignment, delegation, or transfer will relieve Customer of any of its obligations or performance under this Agreement. Any purported assignment, delegation, or transfer in violation of this Section 14.8 is void. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective successors and permitted assigns. 14.9 Force Majeure. (a) No Breach or Default. In no event will either party be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments), when and to the extent such failure or delay is caused by any circumstances beyond such party’s reasonable control (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, pandemic, epidemic, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota, or other restriction or prohibition or any complete or partial government shutdown, or national or regional 449 21 shortage of adequate power or telecommunications or transportation. Either party may terminate this Agreement if a Force Majeure Event affecting the other party continues substantially uninterrupted for a period of 30 days or more. (b) Affected Party Obligations. In the event of any failure or delay caused by a Force Majeure Event, the affected party shall give prompt written notice to the other party stating the period of time the occurrence is expected to continue and use commercially reasonable efforts to end the failure or delay and minimize the effects of such Force Majeure Event. 14.10 Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each party; provided, however, that Provider may amend or modify the terms of Exhibit B at any time upon written notice to Customer of such amendment or modification. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. 14.11 Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. 14.12 Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Montana. 14.13 Dispute Resolution. The parties shall first attempt to resolve amicably the dispute by meeting with each other, by telephone or in person at a mutually convenient time and location, within thirty (30) days after written notice of a dispute is delivered from one party to the other. Subsequent meetings may be held upon mutual agreement of the parties. If the parties are unable to resolve the dispute sixty (60) days after the dispute was first raised in writing, then the parties shall submit the dispute to mediation by an organization or company specializing in providing neutral, third-party mediators. Customer shall be entitled to select either (i) the location of the mediation or (ii) the organization or company, and Provider shall select the other. The mediation shall be conducted within sixty (60) days of the date the dispute is submitted to mediation, unless the parties mutually agree on a later date. Any dispute that is not otherwise resolved by meeting or mediation may only be resolved in a court of competent jurisdiction in compliance with the Governing Law provisions of this Agreement. Notwithstanding the foregoing, either party may seek interim injunctive relief from any court of competent jurisdiction. 450 22 14.14 Equitable Relief. Each party acknowledges and agrees that a breach or threatened breach by such party of any of its obligations under Section 8 or, in the case of Customer, Section 3.1, Section 4.3, or Section 6.2, would cause the other party irreparable harm for which monetary damages would not be an adequate remedy and that, in the event of such breach or threatened breach, the other party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise. 14.15 Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 15. Nondiscrimination and Equal Pay: Provider agrees that all hiring by Provider of persons performing this Agreement shall be on the basis of merit and qualifications. Provider will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Provider 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. Provider 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. Provider 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). Provider must report to the City any violations of the Montana Equal Pay Act that Provider has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Provider shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.1 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. [SIGNATURE PAGE FOLLOWS] 451 23 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. JOURNAL TECHNOLOGIES, INC. CITY OF BOZEMAN By:_______________________________ Name: Maryjoe Rodriguez Title: President By:_______________________________ Name: ____________________________ Title: _____________________________ Date: _____________________________ Date: _____________________________ 452 24 EXHIBIT A FEES eProsecutor® Online 1. Software as a Service Offering: eProsecutor® Online. Annual Fees include access to the Services, 1 terabyte (“TB”) of database storage, maintenance updates, upgrades, and Support Services as described in this Agreement. Document storage is billed accordance to the rate table in Section 2. 2. Annual eProsecutor® Online Fees: $25,000 (and adjusted for any CPI increase after the first year), which includes access to the Services for up to 10 Authorized Users and 1 TB database storage. Each additional TB of database storage utilized by Customer shall cost $4,000 annually per TB and shall be added to Customer’s annual Fee, and such additional amount shall be payable within 30 days following the date of Provider’s invoice therefor provided pursuant to Section 3.2 of this Agreement. Document storage shall be charged in accordance with Customer’s usage, and pursuant to the table set forth below (A. Document Storage). Document storage incorporates two access tiers: Frequent Access and Infrequent Access. Documents that have not been accessed for a minimum of thirty (30) days are automatically moved to the Infrequent Access tier. If the document is requested it will be moved back to the Frequent Access tier and the lifecycle begins again. Each document object can be up to 5TB in size and is replicated automatically across multiple data centers for redundancy. All Document Storage fees are NON-REFUNDABLE for any reason. Provider will NOT refund, and will not be obligated or required to refund, any storage fees under any circumstances. Document storage fees are subject to change throughout the course of the Agreement upon 60 days prior notice by Provider. A. DOCUMENT STORAGE 1. PRICING/FEES Service Price per month Storage - Frequent Access Tier $0.093 per GB Storage – Infrequent Access Tier $0.055 per GB Storage – Archive Access Tier $0.0278 per GB Storage usage is calculated in binary gigabytes (GB), where 1GB is 1,073,741,824 bytes. This unit of measurement is also known as a gibibyte (GiB), defined by the International Electrotechnical Commission (IEC) 453 25 2. PAYMENTS Provider automatically bills Customer annually for Document Storage at the end of each year of the Term; provided, however that once Customer’s total Document Storage usage reaches a threshold of two (2) TB, Customer will begin receiving monthly invoices for Document Storage. The storage threshold determining the timing of Customer’s payments (annually or monthly) is subject to change upon 30 days prior notice. Customer has two options for paying these fees: Option #1: Invoice Customer will be sent an invoice for average daily storage usage. Customer may use ACH to make invoice payments. Option #2: Automated Customer may opt to automatically pay storage fees by setting up an automatic online payment plan with Provider. If Customer is interested in using this method of payment, Customer should contact Provider using the contact information set forth in Section 14.4. B. DATABASE STORAGE 1. PRICING/FEES Description Price per month First 1TB Included Cost per year for each additional TB $4,000 2. PAYMENTS If database storage is either (i) automatically expanded or (ii) Customer requests purchase of additional storage, Customer will be invoiced immediately with the prorated rate calculated to the end of the annual Term renewal period. Thereafter the additional storage is billed annually as part of the Services Fee. C. INCREASE OR DECREASE OF AUTHORIZED USERS 454 26 If the number of Authorized Users increases or decreases, the annual Fee will be adjusted pursuant to the pricing table set forth below, but subject in all events to a minimum annual Fee of $25,000: Fees for Services Based on Number of Authorized Users (with 1TB of database storage) Up to 10 Authorized Users $25,000 Between 11 and 20 Authorized Users $25,000 plus $2,000 per each User over 10 Users Between 21 and 30 Authorized Users $45,000 plus $1,500 per each User over 20 Users An annual CPI-U adjustment will automatically be applied to the annual Fees for each year of the Agreement after the first year. For the avoidance of doubt, such increase will also apply to any Fees paid by Customer for additional storage provided pursuant to Section 3.2 of this Agreement. 3. Optional Introductory Training Fees. After Customer has received Access Credentials, Customer may elect to purchase a remote online training session (“Introductory Training”) from Provider as to use of the Services for an additional Fee of $5,000 per session. Such Introductory Training would be available to designated trainees, and would entail a structured curriculum and a defined maximum number of hours, as determined by Provider and indicated on Provider’s website. Fees for the Introductory Training, if requested by Customer, will be added to the annual Fees set forth above in the initial invoice sent to Customer, or shall be invoiced separately in an invoice for the Introductory Training if the request is made following Provider’s issuance of the initial annual Fee invoice. 455 27 EXHIBIT B SUPPORT SERVICES AND SECURITY 1. Support Services 1.1 Support Services Availability. Support Services are available by e-mail or internet submission from 5:00 am to 7:00 pm Mountain time, Monday through Friday, except for federal holidays. Provider shall make commercially reasonable efforts to provide an initial response to Support Services requests within four (4) hours of first contact. Email: Support@JournalTech.com a. Outages. Outages of the Services may be reported by telephone at the number below: Telephone: 1-877-587-8927 1.2 Self-help Resources. Many self-help resources have been built into the Services, using which Customer should be able to resolve many questions or issues with the Services without additional assistance from Provider. Customer should initially consult these resources and Provider may direct Customer to these resources in the event Provider believes they can lead to full resolution of a Support Services request. The self-help resources include the following: a. In-line Help Text: All forms entailed in the Services include issue-specific guidance b. Consolidated Documentation: Provides guidance as to all aspects of the Services c. Self-Training Videos: A library of issue-specific video demonstrations 1.3. Incident Category. Upon receiving a request for Support Services, Provider shall, in its good faith discretion, categorize the request pursuant to the criteria below: Incident Category Description 1 – Service Failure or Severe Degradation This status represents a complete loss of the Services and no workaround exists. This status only applies to applications that are in production. 2 – Mild Degradation A fault causing the Services not to operate in accordance with specifications, but usable with a minimum to moderate level of difficulty. 3 – General Issue or Services Enhancement Includes product questions and feature requests. This category includes all requests relating to applications that are not in production. 456 28 1.4 Resolution. Upon categorizing a Support Services request according to the above criteria, Provider shall take commercially reasonable steps toward resolving a given request in the manner described below: Incident Category Nature of Resolution 1 Provider will take steps to resolve Category 1 requests as quickly as is commercially reasonable. Provider will help with workarounds and bug reporting. Provider will give Customer reasonable updates. 2 Provider will help with workarounds and bug reporting. Critical bugs will generally be fixed in Provider’s next regular maintenance release. Non-critical bugs will be scheduled according to a variety of considerations. 3 Where applicable Provider will direct Customer to self-help materials as to Services questions. Provider will consider feature requests and act upon such requests as Provider in its discretion deems appropriate. 1.5. Conditions to Receive Support. a. Customer must designate at least one and as many as three system administrators, each of whom shall be an employee or contractor of Customer. Only a designated system administrator may request Support Services. It is the responsibility of Customer to instruct Authorized Users to route Support Services requests through system administrators. Additionally, system administrators will resolve issues raised by Authorized Users wherever possible and will direct Authorized Users to the self-help resources listed above in the event such resources may provide such resolution. b. Customer must provide Provider with accurate screen shots or other files and documentation as required for each Support Services request. 1.6. Additional Work. Additional work, not specifically referenced above as part of the Support Services, may be requested by Customer. Provider, in its sole discretion, may elect to perform such additional work, for additional fees as mutually agreed to in a separate statement of work that shall be accompanied by a professional services agreement. 1.7. Maintenance and Software Updates. Provider will generally provide any updates or enhancements as part of regular maintenance releases. As referenced above, resolution of Category 2 incidents will generally occur as part of such regular releases. a. Weekly Maintenance Window: The Services will be subject to a maintenance window each Wednesday evening (9:00PM Wednesday to 4:00AM Thursday, Mountain Time) or at such additional times as may be separately agreed between Provider and Customer. The Services maintenance window may include loss of network access, the 457 29 servers, and the operating system during such window. The Services will not always be disrupted during each weekly maintenance window. b. Extended Maintenance Outage. If Provider requires additional time for maintenance or installation, Provider shall provide written notification to Customer at least 24 hours prior to implementing an extended maintenance outage. Provider’s notice shall explain the nature and expected duration for the extended maintenance outage. c. Critical Security Maintenance. The Services shall be subject to immediate security maintenance with less than 24-hour notice given to the Customer in the event a critical software vulnerability needs to be patched. 2. Security 2.1 Customer Responsibilities. In addition to Customer’s obligations set forth elsewhere in this Agreement, Customer’s additional responsibilities with respect to the Services are as follows: a. Provide a secure internet connection between Authorized Users and the Services that meets necessary bandwidth requirements. b. Customer shall (i) notify Provider immediately of any unauthorized use of any password or account or any other suspected breach of security known to Customer, (ii) report to Provider immediately and use reasonable efforts to stop immediately any unauthorized copying or distribution of content that is known or suspected by Customer or Authorized Users; and (iii) not impersonate another Authorized User or provide false identity information to gain access to or use the Services. c. Accept that Customer and any and all third parties associated with Customer (i) will never have direct, privileged access to Provider’s hosted infrastructure (servers, database, file storage, monitoring, dashboards, etc) and accordingly (ii) are restricted from installing or requiring installation of third-party software. d. Accept that each hosted instance allows for one (1) terabyte of database storage. Customer will be notified when database storage usage thresholds exceed 80% of the then available storage and the database storage will be automatically expanded in accordance with Exhibit A. Additional database storage may be pre-purchased at any time. e. Have and maintain the workstation configuration requirements as required by Provider; the current list of such requirements is set forth below but will be periodically updated on Provider’s website: Component Minimum Specification Processor 1 @ 2.0 Ghz or faster Hardware Mouse/trackpad, keyboard Memory 4 GB minimum (8+ GB preferred) 458 30 Monitor Size Minimum resolution: 1600x1200 Video Card Standard Disc space 100 GB minimum Network interface Secure internet connection Operating system/version Supported OS from Microsoft or Apple Other required software and versions Support browser versions of Customer’s choice from the following list: Microsoft IE, Microsoft Edge, Firefox, Google Chrome, Apple Safari. Java Runtime Environment 8 only for automated printing and scanning. Third-party applications and versions, what they are used for MS Word, Adobe (This is for viewing and generating documents in Word and PDF format) 2.2 Secure Hosted Environment. Provider leverages world class cloud infrastructure providers like Amazon Web Service (AWS) and Microsoft Azure to host Customer data and software. These companies provide state-of-the-art compute power, storage and security. Provider’s cloud hosting service results in a higher level of security, availability, fault tolerance and disaster preparedness than is generally available with on-premise solutions. AWS offers an environment specifically for government applications called AWS GovCloud (US). GovCloud is an isolated AWS region designed to host sensitive data and regulated workloads in the cloud, helping customers support their U.S. government compliance requirements, including the International Traffic in Arms Regulations (ITAR) and Federal Risk and Authorization Management Program (FedRAMP). GovCloud is operated solely by employees who are vetted U.S. Citizens on U.S. soil. Root account holders of AWS accounts must confirm they are U.S. Persons before being granted access credentials to the region. All GovCloud data centers are in the continental United States. GovCloud, in conjunction with other security and procedural practices, helps to create a JTIS and FIPS 140-2 compliant environment. More information about GovCloud is available at https://aws.amazon.com/govcloud-us/ Microsoft Azure provides similar services and security. 2.3 Data Security. Provider builds the Services to meet data security standards and best practices set forth by the U.S. Department of Justice Criminal Justice Information Services (CJIS) Security Policy. Provider also references Security Control Mapping of CJIS Security Policy Version 5.9 Requirements to NIST Special Publication 800-53 Revision 5 a mapping represents a "best fit" correlation between the CJIS Security Policy controls and NIST federal controls. Data at Rest – The database in Provider’s hosted solution is attached to an encrypted volume with a data key using the industry-standard AES-256 algorithm. 459 31 Data in Transit – Customer is hosted in AWS GovCloud (US). The connection to Customer’s location is established using a site-to-site virtual private network (VPN) or over HTTP or TLS (HTTPS). When CJI is transmitted outside the boundary of a physically secure AWS data center, the transmission is encrypted utilizing FIPS 140-2 compliant ciphers with a symmetric cipher key strength of at least 128-bit strength. 2.4 Security Testing. Provider runs nightly vulnerability scans on its hosted infrastructure. This includes scans for vulnerabilities such as OWASP exploits, weak authentication, operating system and application versions, etc. It also checks for suspicious behaviors (or indicators of compromise) which are programs or people doing activity they don't normally do such as escalating privileges, logging into a server a named user never uses, accounts running scripts they previously did not, etc. Provider undergoes monthly, internal penetration and vulnerability tests across its product lines using NIST 800-30 to assess the overall risk of any vulnerabilities found. Guidance for vulnerability tests come from the OWASP Application Security Verification Standard (ASVS) 4.0. Provider has completed a System & Organization Control (SOC) 2 Type 1 audit, an independent third-party examination of Provider’s information security controls. Provider can make available to Customer SOC reports upon Customer's reasonable request therefor, subject to the confidentiality provisions of this Agreement and any other procedures Provider may deem necessary to protect the security of such reports. 2.5 Security Breach. A security breach is an incident that results in unauthorized access to data, applications, networks or devices. In the event of a potential security breach, Provider will follow its Security Incident Response Plan. If a verified security breach occurs Provider will promptly notify Customer IT representatives or CSO. 2.6 Data Ownership. All the hosted Customer Data remains Customer’s property during and after the lifetime of the hosting contract. Provider interaction with Customer Data is strictly limited to supporting Customer's operation. 2.7 Data Backups and Disaster Recovery. Provider backs up Customer’s production database redundant storage available in multiple availability zones. At the end of the day, the final backup is archived, and the other hourly backups are overwritten the next day. Provider maintains fourteen days of archival data backup. This gives Provider a Restore Point Objective (RPO) of two hours or less. Provider snapshots Customer's running Compute Instances (CI) once every 24 hours and rotates the CI backups every 14 days. 460 32 All backups and snapshots are encrypted at rest. In a disaster scenario, should Customer’s compute instances in the primary availability zone cease to respond for two hours Provider begins to restore from backups and snapshots to a different availability zone. Provider's DR Restore Point Objective (RPO) is two hours or less and Provider’s Recovery Time Objective (RTO) is twenty-four hours or less. Copies of the systems database are available upon request for a transfer fee of $300 dollars and are provided as an MS SQL Backup file. Backup requests take 3 business days to process and will be made available on a secure transfer site for download. Copies of the systems complete document file store are available upon request for a transfer fee of $40/Day + $0.20 USD/GB with a minimum of 10 calendar days to complete extraction. Shipping and handling will be added. For this extraction, all documents and other digital files stored in the case management system will be copied to an encrypted hard drive and delivered via a certified carrier. Transfer fee is subject to price change throughout the course of this agreement upon 60 days prior notice. 2.8 Cloud Maintenance. Provider (i) installs operating system (OS) updates as needed during maintenance windows and (ii) installs critical OS updates within 24-48 hours of a CVSS score of 7 or above 461 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign Amendment 2 to the Professional Services Agreement with Sanderson Stewart for the Kagy Boulevard Signal Analysis and Pedestrian Hybrid Beacon Design Project MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 2 to the Professional Services Agreement with Sanderson Stewart for the Kagy Boulevard Signal Analysis and Pedestrian Hybrid Beacon Design Project STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:Sanderson Stewart was selected through a request for qualifications to provide professional services to evaluate and design interim improvements for the intersection of Kagy Blvd and S 11th Ave and the installation of a pedestrian hybrid beacon for the pedestrian crossing at MSU Bobcat Stadium. Sanderson Stewart has completed their analysis of the intersection and developed recommendations based on their analysis. Their recommendations include making changes to the signal phasing at the intersection of Kagy Boulevard and South 11th Avenue to include protected left turns for both north and south bound S 11th Avenue. Their recommendations also include the installation of a pedestrian hybrid beacon or HAWK signal at the pedestrian crossing for the MSU stadium. Amendment 2 covers Construction Administration including support for material acquisition, contract coordination, and construction inspection. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The cost of these additional services total $16,815.00. This will be paid from the Street Maintenance Fund Project Number STR91. 462 Attachments: 20220817_Kagy_HAWK_ Amendment 2.pdf 20220817_Kagy_HAWK_Amendment 2_SOW.pdf Report compiled on: August 10, 2022 463 Second Amendment to Professional Services Agreement for Kagy Boulevard HAWK Project Page 1 of 2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Kagy Boulevard Signal Analysis and Pedestrian Hybrid Beacon Design Project dated June 8, 2020 (the “Agreement”) is made and entered into this _____ day of ____________, 2022, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” Sanderson Stewart, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Scope of services, rate schedules, and budget for design services are outlined in Attachment “Exhibit A - Scope of Services.” 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 464 Second Amendment to Professional Services Agreement for Kagy Boulevard HAWK Project Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA SANDERSON STEWART By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Danielle Scharf, P.E. Title: Principal APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 465 Exhibit A – Scope of Services Kagy Boulevard: Signal Timing Analysis & Pedestrian Hybrid Beacon Bidding and Construction Contract Administration 08/17/22 Sanderson Stewart is pleased to provide this scope of work for the Kagy Boulevard Timing Analysis & Pedestrian Hybrid Beacon project. This phase of the project will consist of bidding services, construction contract administration and observation, and construction staking. A detailed scope of services for these tasks is outlined below. Phase 1 - Project Initiation This phase of the project includes preparation of the scope of work and amendment. Phase 2 – Construction Bidding Services This phase of the project will consist of construction bidding services, including the following: · Contractor coordination through private bid solicitation · Prepare contract documents for bidding after City final plan review · Facilitate pre-bid on-site meeting and distribute minutes Phase 3 – Construction/Contract Administration This phase of the project will consist of contract administration and construction observation tasks, including the following: · Prepare contract documents for construction to address addenda and other items that came up during bidding · Process contract documents for a single contract (up to four copies) · Shop drawing and traffic control plan review · Construction observation and documentation (assume observation for 4 hours each day and a 21-calendar day construction contract) · Site Visits by Engineer – up to 2 visits · Respond to Contractor RFI’s including coordination with construction inspector · Construction materials testing coordination and review · Process pay applications submitted by Contractor and any necessary work change directives, verify material quantities on all contractor pay requests, and prepare supporting documentation · Process the Certificate of Substantial Completion, coordinate final inspection, prepare punch lists and verify completion · Prepare as-built (record) drawings · Prepare City of Bozeman close-out submittal · Conduct two-year warranty walkthrough, prepare punch list and verify completion 466 Phase 4 – Construction Staking This phase of the project consists of the construction layout, anticipated to include the following: · Stake signs one time · Stake signal poles one time · Layout striping one time The following items are not expected to be needed for this project and are therefore specifically excluded from this scope of work: · Material testing (By City Term Contract) Fees and Billing Arrangements: Phase Fee 1. Project Initiation $1,395.00 2. Construction Bidding Services $3,525.00 3. Construction/Contract Administration $10,350.00 4. Construction Staking $1,545.00 Total $16,815.00 Sanderson Stewart will bill for its services on a time and materials basis with a not to exceed amount of $16,815.00. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. Schedule The anticipated schedule for this project will be based on the anticipated 21-calendar day construction contract. 467 Memorandum REPORT TO:City Commission FROM:Mike Veselik. Economic Development Program Manager Brit Fontenot, Economic Development Director Jeff Mihelich, City Manager SUBJECT:Authorize the City Manager to Sign a Fourth Amendment to the Professional Services Agreement with MacDonald Consulting as assigned to Central House Strategies for Lobbying Services MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Third Amendment to the Professional Services Agreement with MacDonald Consulting as assigned to Central House Strategies for Lobbying Services STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:COming Soon UNRESOLVED ISSUES:No Unresolved I ALTERNATIVES:Alternatives as proposed by t FISCAL EFFECTS:Fiscal Effects as budgeted in the FY23 Budget Attachments: Fourth PSA Amendment for lobbying services with Central House Strategies.docx Report compiled on: September 1, 2022 468 Third Amendment to Professional Services Agreement for Lobbying Services FY 2021 – FY 2022 Page 1 of 4 FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT DATED OCTOBER 20, 2020 ASSIGNED TO CENTRAL HOUSE STRATEGIES THIS FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR lobbying services dated October 20, 2020 (the “Agreement”) is made and entered into this 13th day of September, 2022, by and between the CITY OF BOZEMAN, MONTANA,a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Central House Strategies, 808 Palmer Street, Missoula, MT 59802, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1.Updated Scope of Work. The Attached Scope of Work and Fee schedule will govern the relationship between the City and the Contractor from November 2022 until the completion of the 68th Regular Session of the Montana State Legislature. 2.Extension. The Professional Services Agreement is extended until May 15, 2022 or the completion of the 68th Regular Session of the Montana State Legislature, whichever is later. 3.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 469 Third Amendment to Professional Services Agreement for Lobbying Services FY 2021 – FY 2022 Page 2 of 4 IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA CENTRAL HOUSE STRATEGIES By________________________________By_____________________________ Jeff Mihelich, City Manager SK Rossi, Managing Partner APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 470 Third Amendment to Professional Services Agreement for Lobbying Services FY 2021 – FY 2022 Page 3 of 4 APPENDIX A Proposed Scope of Work (SOW): Services to Support The City of Bozeman’s Legislative and Lobbying program November 1, 2022 – May 1, 2023 Project Approach and Deliverables We envision working independently whenever necessary, and side-by-side with in-house staff whenever possible, to do the immediate work of lobbying while building the power, relationships, and knowledge of Bozeman staff. In close consultation with Bozeman staff, the Consultants will: Conduct defensive and proactive lobbying on the full range of Bozeman’s policy priorities, including: o Meeting with, assessing the positions of, and lobbying legislators, legislative staff, and executive branch elected officials and staff; o Preparing or assisting in preparation of testimony; o Presenting testimony; and o Facilitating meetings and relationship building between decisionmakers and Bozeman staff and/or representatives. Contribute to strategy and planning by: o Participating in partner meetings and leading strategy planning at the request of Bozeman staff; o Participating in the development of communications and informational tools, including talking points and messaging documents; o Collaborating with other lobbyists, organizations, and partners at the request of Bozeman staff; and o Attending weekly meetings and submitting a weekly report. Ensure administrative and legal requirements are followed by registering as lobbyists, reporting necessary information to Bozeman in a timely manner, and collaborating with Bozeman administrative staff when requested. Participate in a legislative debrief with Bozeman staff. 471 Third Amendment to Professional Services Agreement for Lobbying Services FY 2021 – FY 2022 Page 4 of 4 Professional fees and expenses The proposed scope envisions a year-round engagement. Our fee for the months of November and December 2022 is $2,000/month. Our fee through the course of the Legislative Session $7,000/month, January - April. 472 Memorandum REPORT TO:City Commission FROM:Danielle Garber, Associate Planner Anna Bentley, Community Development Interim Director SUBJECT:Resolution 5386 to annex approximately 2.29 acres near Baxter Lane and Harper Puckett Road, and Authorize the City Manager to Sign the Annexation Agreement, Application 18240 MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Approval of Resolution 5386, and authorization for the City Manger to execute the annexation agreement. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City of Bozeman received a petition for annexation and initial zoning from Rainbow Creek Rental Properties, LLC requesting the City Commission annex the 2.29 acres and additional right of way currently addressed as 4555 Baxter Lane, Bozeman, MT and apply a zoning classification of R-4, Residential High Density. The City Commission held a public hearing on November 26, 2019 and voted to annex the subject property, subject to terms of annexation and zoning contingencies. On February 28, 2019 the City received an annexation agreement which incorporated the recommended terms of annexation which was signed by the current land owner following the public hearing. Following approval, a complaint and petition was filed with the Montana Eighteenth Judicial District Court on December 21, 2018, appealing the City Commission decision to adopt the initial zoning for said tracts which delayed the City processing the executed annexation agreement and terms of annexation. On November 30, 2021 District Judge Hon. Rienne H. McElyea granted summary judgment in favor of the City of Bozeman and dismissed the complaint. Following the judgment all terms of annexation were completed by the applicant, except the requirement for City standard sidewalks and a drive approach along the property frontage which was due on October 1, 2019. Due to the delay created by the lawsuit, the applicant has proposed that the sidewalk and drive approach be installed with subsequent development. The required public street and utility easement, as well as the 10-foot utility easement along Baxter Lane were provided in February and Approved by the City Commission on the March 22, 2022 473 agenda. The original application materials are available in the City's Laserfiche archive. Additionally, attached to this document is Resolution 5386 providing for the annexation of the subject property, a copy of the summary judgement issued by the Montana Eighteenth Judicial District Court, and the annexation agreement. UNRESOLVED ISSUES:None ALTERNATIVES:As identified by the City Commission. FISCAL EFFECTS:None. Attachments: Resolution 5386 Rainbow Creek ANNX.pdf 18240 Annexation Agreement.pdf Order Re Motion For Summary Judgement.pdf Report compiled on: August 25, 2022 474 Version April 2020 RESOLUTION 5386 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HERINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT, RAINBOW CREEK ANNEXATION, APPLICATION 18240 WHEREAS, the City of Bozeman received a petition for annexation from Rainbow Creek Rental Properties, LLC current landowners of record, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 2.29 acres plus additional public right of way as required by law; and WHEREAS, the current landowner of record of real property consisting of one parcel of land described in Section 1, requested the City Commission to extend the boundaries of the City of Bozeman; and WHEREAS, an annexation staff report was prepared in accordance with the Commission’s goals and policies for annexation and was presented to the Commission on November 26, 2018; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on November 26, 2018; and WHEREAS, on February 28, 2019, the City received an annexation agreement which incorporated the recommended terms of annexation which was signed by the current land owner following the public hearing; and WHEREAS, the provision of available services, including, but not limited to, streets, rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SIDs, and water and sewer hookup fees to said contiguous tracts is the subject of a written agreement between the City and the Landowner; and 475 Version April 2020 WHEREAS, a complaint and petition was filed with the Montana Eighteenth Judicial District Court on December 21, 2018, appealing the City Commission decision to adopt the initial zoning for said tracts which delayed the City processing the executed annexation agreement and terms of annexation; and WHEREAS, one term of annexation outlined in the Commission’s findings was effected by this lawsuit, the term requires the construction of a city standard sidewalk and drive approach along the property frontage by October 1, 2019; and WHEREAS, on November 30, 2021 District Judge Hon. Rienne H. McElyea granted summary judgment in favor of the City of Bozeman and dismissed the complaint. WHEREAS, following the judgment all terms of the annexation were completed by the applicant, except the requirement for city standard sidewalks and a drive approach along the property frontage, this will be completed with subsequent development; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 476 •a\Inter-office Original toCityofBozemanCity ClerkPO Box 1230Bozeman MT 549771-12302018 RAINBOW CREEKANNEXATION AGREEMENTTHIS AGREEMENT made and entered into this S day of F^^^A^ 2019,by and between the CITY OF BOZEMAN, a municipal coloration and self-governing politicalsubdivision of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Rainbow Creek Rental Properties LLC, 3197 SummersetDrive, Bozeman MT 59715, hereinafter referred to as "Landowner".WITNESSETH:WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referredto as the 2018 RAINBOW CREEK ANNEXATION situated in Gallatin County, Montana, and moreparticularly described as follows:An area of land comprised described as follows:BOOK 148 PAGE 207 SW 1/4 OF S34 T01S, R05E, P.M.M, GALLATIN COUNTY, MTAll as depicted on the 2018 RAINBOW CREEK ANNEXATION MAP.2018 Rainbow Creek Annexation Agreement1477 WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land;andWHEREAS, the 2018 RAINBOW CREEK ANNEXATION is not within the corporate limitsof the City or other municipality and may therefore be annexed to the City in accordance with theprovisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; andWHEREAS, all parties recognize the annexation of the 2018 RAINBOW CREEKANNEXATION pursuant to Section 7-2-460 1, et seq., Mont. Code Ann. will allow the 2018 RAINBOWCREEK ANNEXATION to connect to and utilize City services, including municipal water and sewerservice, fire service, and the City's street system; andWHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landownercan agree to the provisions of services to the area to be annexed; andWHEREAS, the parties recognize additional development on the 2018 RAINBOW CREEKANNEXATION will impact area streets and fire services, and that future improvements may requireadditional public street improvements for traffic circulation and the provisions of fire services; andWHEREAS, the Landowner finds this Agreement will provide for the most satisfactory anddependable water supply and sewer supply or service, and provide traffic circulation and fire service fordevelopment of the 2018 RAINBOW CREEK ANNEXATION; andWHEREAS, the parties have determined that it is in the best interests of the City and Landowner,and in furtherance of the public health, safety and welfare of the community to enter into and implementthis Agreement.WITNESSETH:DST CONSIDE^RATION of the mutual covenants and agreements herein contained, the partieshereto agree as follows:2018 Rainbow Creek Annexation Agreement2478 1. RecitalsThe above recitals are tme and correct.2. AnnexationThe Landowner filed an application for annexation of the 2018 R,\INBOW CREEKANNEXATION with the City on May 29, 2018. By execution of this Agreement, the City manifests itsintent to annex the 20 18 RAINBOW CREEK ANNEXATION tract pursuant to the terms and conditionsof this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the Cityshall, upon execution of this Agreement, adopt a Resolution of Annexation of the 2018 RAINBOWCREEK ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do allthings required by this Agreement and all things necessary and proper to aid and assist the City incarrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the2018 RAINBOW CREEK ANNEXATION.3.Services ProvidedThe City will, upon annexation, make available to the 2018 RAINBOW CREEKANNEXATION existing City services only to the extent currently available, or as provided in thisAgreement.4. IVIunicipal Water Service DefinedThe term "municipal water service" as is used in this agreement shall be the service which issupplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended,as well as any other tenns and conditions which apply to the City's provision of municipal water servicebut does not include the extension of lines or construction of necessary improvements at any cost to theCity for delivery of water to and within the 2018 RAINBOW CREEK ANNEXATION. Nothing in thisAgreement shall obligate the City to pay for right-of-way acquisition, engineering, constmction, and2018 Rainbow Creek Annexation Agreement3479 other costs for the delivery of water to or within the 2018 RAINBOW CREEK ANNEXATION toinclude, but not limited to, any impact fees, hook-up, connection, or development charges which havebeen or may be established by the City.5. Municipal Sewer Service DefinedThe term "municipal sewer service" as is used in this Agreement shall be the service which issupplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended,as well as any other terms and conditions which apply to the City's provision of this service but does notinclude the extension of lines or construction of necessary improvements at any cost to the City forcollection of sewage at and within the 2018 RAINBOW CREEK ANNEXATION. Nothing in thisAgreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, andother costs for the collection of sewage services to or within the 2018 RAINBOW CREEKANNEXATION to include, but not limited to, any impact fees, hookup, connection, or developmentcharges which may be established by the City.6. Water and Sewer ConnectionsLandowner understands and agrees that upon development, water and sewer services must beconstmcted in accordance with design and specifications approved by the City prior to the installationof the water and sewer lines. Landowner must contact the City Water and Sewer Superintendent to obtaindetails of construction requirements. Landowner must notify the City Water and Sewer Superintendenta minimum of 48 hours prior to constoruction of the services an<i/or discomiection of the well and septicsystem abandonment.Landowner further understands and agrees that prior to connection to the City water and sewer system,the existing on-site sewage treatment system must be properly abandoned and certification provided tothe City Water and Sewer Superintendent that the abandonment occurred. The applicant must report the2018 Rainbow Creek Annexation Agreement4480 abandonment to the Gallatin City County Health Department, fa. addition to abandonment of the septictank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank hasbeen completely disconnected from the old septic system prior to connection to the City sanitary sewersystem.Any wells presently used for domestic purposes may be retained for irrigation only, with no physicalconnection to domestic water piping. Certification that there is no physical connection between an on-site well and the domestic water piping must be provided. The City Water and Sewer Superintendentmay perform an inspection of the property and certify that the disconnection of the well and septic systemabandonment are properly completed. Landowner understands and agrees that if Landowner fails toproperly abandon the existing system and/or fails to disconnect the existing well from the domestic waterpiping as required herein the City may upon ten day's written iiotice to the Landowner terminate waterand/or sewer services to the property. Costs of all disconnects and/or subsequent reconnects shall beborne by Landowner.7. WaterRightsThe Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieuof water rights shall be provided upon further development or subdivision of the property in accordancewith Section 38.23.180, Bozeman Municipal Code. The amount of water rights or cash-in-lieu thereofdue at the time of further development or subdivision of the property will be calculated based on theannual demand for volume of water the development will require multiplied by the most current annualunit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to bemade to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rightsmay increase over time as established by Resolution of the City Commission. Payment of $1,404 forcash-in-lieu of water rights for the existing home on the property is due at the time of annexation.2018 Rainbow Creek Annexation Agreement5481 8. Comprehensive Water and Water Design ReportPrior to future development of the property the City may require the Landowner to have preparedby a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existingcapacity of sewer and water utilities in the area. The report must include hydraulic evaluations of eachutility for both existing and post-development demands, and the report findings must demonstrateadequate capacity to serve the full development of the land. If adequate infrastructure capacity is notavailable for the proposed development, the report must identify necessary water or wastewater systemimprovements necessary for the proposed development. If improvements to this water or wastewatersystem are necessary, the Landowner agrees prior to development of the 2018 RAINBOW CREEKANNEXATION to complete, at Landowner's expense, the necessary system improvements to serve theproposed development.9. Future Development LimitationsThe Landowner shall be responsible for installing all facilities required to provide full municipalservices to the property m accordance with the City's Infrastructure Master Plans and all City regulations,policies and guidelines that may be in effect at the time of any future development. Thus, Landownerunderstands and agrees that there is no right, either granted or implied, for the Landowner to furtherdevelop any of the 2018 RAINBOW CREEK ANNEXATION until it is verified by the City that thenecessary municipal services, including but not limited to police and fire protection, streets, and sewerand water capacity, are available to all or a portion of the 2018 RAINBOW CREEK ANNEXATION.Notice is thus provided to the Landowner that prior to additional development of the property, theLandowner will be solely responsible for installing, at Landowner's sole expense, any facilities orinfrastmcture required to provide full municipal services to the 2018 RAINBOW CREEKANNEXATION in accordance with the City's infrastructure plans, adopted Growth Policies/Community2018 Rainbow Creek Annexation Agreement6482 Plans, and all other city regulations, policies and guidelines that may be in effect at the time ofdevelopment.10. Stormwater Master PlanLandowner understands and agrees a Stormwater Master Plan for the 2018 RAINBOW CREEKANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the mnofffrom the public streets may be required to be provided to and approved by the City Engineer at the timeof any future development. The plan must demonsta-ate that adequate treatment ofmnofffrom the publicstreets and all future lots will be achieved by providing spot elevations, flow direction arrows, detentionand/or retention basin details (including basin sizing calculations and basin typical sections), outletstructure details, and culvert capacity calculations. The plan must also locate and provide easements foradequate drainage ways within the annexation area to transport treated runoffto the stormwater receivingchannel. The plan shall include site grading and elevation information, typical stormwaterdetention/retention basin and discharge structure details, basin sizing calculations, and stormwatermaintenance plan.11. Waiver of Rieht-to-Protest Special Improvement DistrictsA. Landowner shall execute a Waiver ofRight-to-Protest Creation of Special ImprovementDistricts (SID) for the maintenance of any parks within the annexed area and/or of a City-wide ParkMaintenance Disft'ict. The Landowner agrees such S ID will provide a mechanism for the fair andequitable assessment of maintenance costs for such parks. The waiver is attached hereto as Exhibit "A"and is hereby incorporated in and made a part of this Agreement.B. Landowner shall execute a Waiver ofRight-to-Protest Creation of Special ImprovementDistricts for street improvements including paving, curb and gutter, sidewalk and stormwater drainagefacilities for BAXTER LANE. Landowner agrees such an S ID will provide a mechanism for the fair and2018 Rainbow Creek Annexation Agreement7483 equitable assessment of constmction and maintenance costs for such improvements. The waiver isattached hereto as Exhibit "B" and is hereby incorporated in and made a part of this Agreement.C. Landowner shall execute a Waiver of Right-to-Protest Creation of Special ImprovementDistricts for intersection improvements to the intersections of BAXTER LANE AND HARPERPUCKETT, BAXTER LANE AND NORTH COTTONWOOD ROAD, AND BAXTER LANE ANDFLANDERS MILL ROAD. Landowner agrees such an SID will provide a mechanism for the fair andequitable assessment of construction and maintenance costs for such improvements. The waiver isattached hereto as Exhibit "B" and is hereby incoqiorated in and made a part of this Agreement.D. Lando^vner agrees that in the event an SID is not utilized for the completion of theseimprovements as described in subsections A, B, and C above, the Landowner shall participate in analternative financing method for the completion of said improvements on a fair share, proportionate basisas determined by square footage of property, taxable valuation of the property, traffic contribution fromthe development or a combination thereof.12. PubUc Street and Utility EasementThe Landowner understands and agrees that a public street and utility easement shall be providedfor a 20-FEET OF ADDITIONAL RIGHT-OF-WAY ALONG BAXTER ROAD WHICH WILLCONTACT A 10-FOOT UTILITY EASEMENT. The Landowner, at its sole expense, has created suchan easements in a location and fonn agreeable to the City and the easements will be filed at the GallatinCounty Clerk and Recorder's Office.13. Street ImprovementsThe Landowner understands and agrees that at the time of future development the portion ofBAXTER LANE fronting this property will be required to be improved to a City standard.2018 Rainbow Creek Annexation Agreement8484 14. Impact FeesLandowner acknowledges that annexation and development of their property will impact theCity's existing street, water and sewer infrastructure, and the City's fire service. As approved by theCity, the land owners and their successors shall pay:A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, attime of issuance of building permit.B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or asamended, at time of issuance of building permit.C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the timeof connection to city water.D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the timeof connection to city sewer.The amount of impact fee to be paid for connection to the city's water and sewer services, if any,shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at thetime of application for a permit to connect. The amount of street or fire impact fees to be paid, if any,shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at thetime an application for building permit is submitted.Landowner further understands and agrees that any improvements, either on-site or off-site,necessary to provide connection of the 2018 RAINBOW CREEK ANNEXATION municipal servicesand which are wholly attributable to the property as determined exclusively by the city are considered"project related improvements" as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code,as amended, and as such, are not eligible for impact fee credits.If Landowner defaults on this condition at the time such is to be performed, and should defaultnot be remedied or corrected within thirty (30) days after written notice by City to the Landowner andLandowner/Developer of such default, City may at their option:A) Declare the amoimts owing for impact fees immediately due and payable and Cityshall have the right and privilege to take legal action against Landowners for thecollection of such sum, including the entry of any judgment. In addition, the City2018 Rainbow Creek Annexation Agreement 9485 may, at its option, enforce payment of such amount by levying an assessment onthe premises.Elect any other remedy available to City under the laws of the State of Montana.15.B)Additional TermsThe parties recognize these documents shall be filed and of record with the Gallatin County Clerkand Recorder prior to the sale of any land within the 2018 RAINBOW CREEK ANNEXATION. Theparties further agree that the City may file these documents at any time.16. Governing Law and VenueThis agreement shall be constmed under and governed by the laws of the state of Montana. Inthe event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin,State of Montana.17. Attorney's FeesIn the event it becomes necessary for either party to this Agreement to retain an attorney toenforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled toreasonable attorney's fees and costs, to include the salary and costs ofin-house counsel including CityAttorney.18. WaiverNo waiver by either party of any breach of any tenn, covenant or agreement shall be deemed awaiver of the same or any subsequent breach of this same or any other term, covenant or agreement. Nocovenant, tenn or agreement shall be deemed waived by either party unless waived in writing.19. Invalid ProvisionThe invalidity or unenforceability of any provision of this agreement shall not affect the otherprovisions hereof, and this Agreement shall be construed in all respects as if such invalid orunenforceable provision were omitted.2018 Rainbow Creek Annexation Agreement10486 20.ModiHcations or AlterationsNo modifications or amendment of this Agreement shall be valid unless evidenced by a writingsigned by the parties hereto.21. No AssignmentIt is expressly agreed that the Landowner and/or Landowner/Developer shall not assign thisAgreement in whole or in part without prior written consent of the City.22. SuccessorsThis Agreement shall be binding upon, inure to the benefit of and be enforceable by the partieshereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser ofthe annexed property.23. Covenants to Run with the LandThe parties intend that the terms of this Agreement shall benefit the 2018 RAINBOW CREEKANNEXATION and shall be covenants mrming with the land and shall not expire at their deaths or upontransfer of ownership of the property.The undersigned Landowner affirms that they have authority to enter into this Agreement and tobind themselves to this Agreement.IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day andyear first above written.2018 Rainbow Creek Annexation Agreement11487 LANDOWNERRAINBOW CREEK RENTAL PROPERTIES LLCBy:STATE OF \f[jf)^-Vct^^ ):ssCOUNTY 0^7/l^^i4-W )On this ^ day of P^CTf^uAPublic for the State of ^{o^-r^^A»(</ _, 2019, before me, the undersigned, a Notary., personally appeared ^ut- ~^<.^<A^ •^(/^s.<^<CS.(^(known to me to be the landowaer that executed the within instmment, and acknowledged t(Hne that heexecuted the same for and on behalf of landowner.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear first above written.(SEAL)j—;-~^~.i .^.B^.':n^^^-;K'SEALCHRIS BUDESKi'nIINote;v Pub"s^ far the State c? MontanaT^ :,,J R;;sidi!iq at: Jn^^t'.;,-^^^ Bo:;2;-i^an, Moritana',;-;?•/,;.•.:,.^^'^~ My Corr;n-ilGsicn Expires:•<-t^ ^c?:.tNovember 55, 2019(PriBtedJ4ame4ieFe>- C^^(^l$^ ^-^^y^Notary Public jor the State of Mo «i-r ft'1*-Residing at ^o i^ 11 i\.v^ WfMy Commission Expires: Ha^. ~^G, Zof f(Use 4 digits for expiration year)2018 Rainbow Creek Annexation Agreement12488 CITY OF BOZEMANBy: Andrea Surratt City ManagerATTEST:Clerk of the City CommissionSTATE OF MONTANA ):ssCOUNTY OF GALLATIN )On thisday of.., 2019, before me, a Notary Public for thestate of Montana, personally appeared Andrea Sunratt and Robin Crough, known to me to the personsdescribed in and who executed the foregoing instrument as City Manager and Clerk of the CityCommission respectively, of the City ofBozeman, whose names are subscribed to the withininstmment and acknowledged to me that they executed the same for and on behalf of said City.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear first above written.(SEAL)(Printed Name Here)Notary Public for the State of MontanaResiding atMy Commission Expires:(Use 4 digits for expiration year)2018 Rainbow Creek Annexation Agreement13489 EXHIBIT "A"WAIVER OF RIGHT-TO-PROTESTCREATION OF SPECIAL IMPROVEMENT DISTRICTFOR A CITY-WIDE SPECIAL DISTMCT FOR PARKS. TRAILS OR OPEN SPACE2018 RAINBOW CREEK ANNEXATIONThe undersigned owner of the real property situated in the County ofGallatin, State of Montana,and more particularly described as follows:BOOK 148 PAGE 207 SW ^ OF S34 TO IS, ROSE, P.M.M, GALLATIN COUNTY, MTIN CONSIDERATION of receiving approval for annexation of the subject property from theCity of Bozeman, along with accompanying rights and privileges and for other and valuableconsideration, the receipt of which is hereby acknowledged, and in recognition of the impact to Cityparks, trails, and open space which will be caused by the development of the above-described property,the Landowner has waived and does hereby waive for itself, its successors and assigns forever the rightto protest the creation of one or more special districts to fund capital improvements, operations, andmaintenance of any parks, trails, or open spaces within the annexed area and/or of a City-wide specialdistrict to fund capital improvements, operations, and maintenance of parks, trails, and open spacesthroughout the City, which would provide a mechanism for the fair and equitable assessment of costsfor City parks, trails, and open spaces, or to make any written protest against the size or area or creationof the district be assessed in response to a duly passed resolution of intention to create one or morespecial districts for the above described purposes and which would include the above-described property.This waiver is made for the benefit of the property described above and shall be a covenantrunning with the land.The terms, covenants and provisions of this waiver shall extend to, and be binding upon thesuccessors-in-interest and assigns of the Landowner.2018 Rainbow Creek Annexation Agreement14490 DATED this ^ day of_^i^^_, 2019.LANDOWNER^RAINBOW CREEK RENTAL PROPERTIES LLCBy:STATE OF (T\(9^T^^^ )*ggCOUNTY QpG^^-r ^ )On this fc^ day of ^'z£5C'LL(.A.M _, 2019, before me, the undersigned, a Notary Publicfor the State of V^o^fit^L _, pCTSonally appeared (^^- <^tc<.^^ 72kc^'^ _,known to me to be the landowner that executed the within instrument, and acknowlAdged to me that heexecuted the same for and on behalf of landowner.IN WITNESS \VHEREOF, I have hereunto set my hand and affixed my official seal the day andyear first above written.(SEAL)f~^1IIg^'CHR!S BUDESKTf .^f:''" •-^^ Notary Public;:~ "'."^oTAn^;'." ^ for ths State of MontanaResiding at:Bozeman, MontanaMy Commission Expires;November 26, 2019-*.'. S^.Ar. ^*;:'^v^: -_ •.^OF^(Printed r'Tamc IIcrc) C. \^ a^S f?[A A^$ ('• cNotary Public for the State ofJrLaAi-Aa^Residing at ^c>~i<s^^u^ ^<f^My Commission Expires: A^c?^ ^.(p Ijy ij(Use 4 digits for expiration year)2018 Rainbow Creek Annexation Agreement15491 EXHIBIT "B"WAIVER OF RIGHT TO PROTESTCREATION OF SPECIAL IMPROVEMENT DISTRICTS2018 RAINBOW CREEK ANNEXATIONThe undersigned owner of the real property situated in the County ofGallatin, State of Montana,and more particularly described as follows:BOOK 148 PAGE 207 SW % OF S34 T01S, R05E, P.M.M, GALLATIN COUNTY, MTDST CONSIDERATION of receiving approval for annexation of the subject property from theCity of Bozeman, along with accompanying rights and privileges and for other and valuableconsideration, the receipt of which is hereby acknowledged, and in recognition of the impacts toBAXTER LANE AND BAXTER LANE AND HARPER PUCKETT, BAXTER LANE ANDNORTH COTTONWOOD ROAD, AND BAXTER LANE AND FLANDERS MILL ROADINTERSECTIONS which will be caused by the development of the above-described property, theowner has waived and does hereby waive for itself, its successors and assigns forever the right to protestthe creation of one or more special improvement districts for the construction and maintenance offollowing improvements: paving, curb/gutter, sidewalk, storm drainage facilities for BAXTERLANE AND BAXTER LANE AND HARPER PUCKETT, BAXTER LANE AND NORTHCOTTONWOOD ROAD, AND BAXTER LANE AND FLANDERS MILL ROADINTERSECTIONS, or to make any written protest against the size or area or creation of the district beassessed in response to a duly passed resolution of intention to create one or more special improvementdistricts which would include the above-described property.In the event a SID is not utilized for the completion of these improvements, the developer agreesto participate in an alternate financing method for the completion of said improvements on a fair share,2018 Rainbow Creek Annexation Agreement16492 proportionate basis as determined by the City on the basis of the square footage of property, taxablevaluation of the property, traffic contribution from the development or a combination thereof.This waiver is made for the benefit of the property described herein shall be a covenant runningwith the land.The terms, covenants and provisions of this waiver shall extend to, and be binding upon thesuccessors-in-interest and assigns of the L<mdowner.DATED thisf^"day of (-<S^i«4^,2019.LANDOWNERRAINBOW CREEK RENTAL PROPERTIES LLCBy:MiSTATE OF /ftt'^t^lt- )^ssCOUNTY OF (SO^C^T ^ )On this '€> day of \'C^^(^. <A. ^-^f _, 2019, before me, the undersigned, a Notary Publicffli^fiAvk , pergbnally appeared ^<^L_ c^o^^ ^ k.<s<-(<for the State ofLCi.tf, knownto me to be the landowner that executed the within instrument, and acknowledged t6?me that heexecuted the same for and on behalf of landowner.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear first above written.-^^^r"^^^' CHRiS BUDESKFE .^>y':-"'-'v^fh Notary PublicI:' '"^o-AF!f,^'.^fcr the State of Montana•: o^T. -*1 _ F:iGS!din9 at:.'y; Bozeman, Montana-.::-<:::A.-.',,^%y My Commission Expires:^^OFM0?^ '" November 26, 2019_-(Prifitcd Name IIcrc). C'ti^U fft^^^\it.Notary Public for the State of \^e<^rA»^Residing at 7"^ ^3°^^ /^.T"^My Commission Expires: //pQ'. ^C»(Use 4 digits for expiration year)2018 Rainbow Creek Annexation Agreement17493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 Memorandum REPORT TO:City Commission FROM:Greg Sullivan, City Attorney SUBJECT:Resolution 5442 Consenting to Haven's Sale of its Current Shelter Location to Assist in Paying the Costs of Constructing a New Shelter Adjacent to the Bozeman Pond Park MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5442 STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND: Haven, our community’s primary service provider for survivors of domestic violence, requests the City Commission consent to the sale of their current shelter location. The purpose of the sale will be to provide funding for the construction of a new shelter located adjacent to the City’s Bozeman Pond Park. For more information on Haven, please visit their website at www.havenmt.org. In 1981, the City purchased real property for use as a shelter for survivors of domestic violence with funds obtained through the Department of Housing and Urban Development. In 1982, the City leased the property for three years to the predecessor of Haven, the Battered Women’s Network. In 1986, the City Commission deeded ownership of the property to the Network. The 1986 deed from the City to the Network required the Network to “use the property solely for the purpose of providing a shelter facility for [survivors of domestic violence]…” In addition, and directly germane to the Commission’s decision on this agenda item, is that the deed indicated “the Network shall not transfer, mortgage, sell or otherwise encumber the property without the consent of the City; consent will not be unreasonably 517 withheld by the City to an transfer or sale, the purpose of which is to enable the Network to acquire new, different or substitute property of a comparable or greater value.” The deed also contained a reversion: “That if the property is not used for the purposed [of a shelter for survivors of domestic violence] the real property shall revert back to the City.” As noted, Haven will use the proceeds from the sale to fund construction of their new facility. Next, Haven has identified a buyer who will purchase the property for a value that is based on a real estate comparative market analysis. As such, the requirements that Haven will use the funds to continue to provide shelter for victims of domestic violence and that the new property be of the comparable or greater value is met. In addition, the buyer will allow Haven to continue to occupy the current location until the new shelter is completed. By approving the attached resolution, the Commission will consent to Haven’s sale. In addition, by consenting to the sale, the City will not obtain a deed restriction on the property where the new shelter will be located. Finally, consenting to the sale will mean the City releases its reversionary interest in the current property and will not obtain a reversionary interest in the new location. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the City Commission. FISCAL EFFECTS:As noted, the City obtained the funds to purchase Haven’s current location through a federal grant. Consenting to Haven’s sale of the property will not have a fiscal impact on the City. Consenting to the sale will have a significant positive effect on Haven’s ability to complete their capital campaign and open the new facility. Currently, Haven expects the facility to open in early 2023. Attachments: Resolution 5442 HAVEN consent to property sale 8 22 22.docx Attachment A to Res 5442 Haven deed for CC 9 13 22.pdf Report compiled on: August 26, 2022 518 Version April 2020 Resolution 5421 Page 1 of 2 RESOLUTION 5442 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CONSENTING TO HAVEN’S SALE OF ITS CURRENT SHELTER LOCATION TO ASSIST IN PAYING THE COSTS OF CONSTRUCTING A NEW SHELTER ADJACENT TO THE BOZEMAN POND PARK WHEREAS,in 1981, the City purchased real property for development of a shelter for survivors of domestic violence; WHEREAS,in 1986, the City granted the property to the Battered Women’s Network (Attachment A), the predecessor to Haven, subject to Haven using the property as a shelter and conditioned upon the City’s consent to the sale of the property; and WHEREAS, Haven requests the City consent to it selling the current shelter property as it will use the proceeds from the sale to complete construction of a new shelter located adjacent to Bozeman Pond Park. WHEREAS,all conditions of the deed from the City to Haven have been satisfied. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: 1. The Bozeman City Commission hereby consents to Haven’s sale of its current shelter location as the funds from the sale will be used to complete construction of Haven’s new shelter adjacent to Bozeman Pond Park. 2. The City agrees by consenting to the sale the City represents all conditions in the attached deed have been satisfied. 3. Upon Haven’s sale of the current location, the City releases all interests it may have in the current property including the City’s reversionary interest. The City agrees it has no legal or equitable interests in Haven’s new location. 519 Version April 2020 Resolution 5421 Page 2 of 2 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 520 521 522 523 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Interim Director Community Development SUBJECT:Ordinance 2104 Provisional Adoption to Repeal and Replace Division 38.430 Planned Unit Development with a New Planned Development Zone Process and Amend 24 Related Sections of the Bozeman Municipal Code, Application 22133 MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION: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 provisionally adopt Ordinance 2104. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The amendments in Ordinance 2104 update the City's land development regulations as part of efforts to support affordable housing and implement other identified community priorities. For more information see the Executive Summary and Appendix A in the staff report attached to the July 12, 2022 Commission agenda. The City Commission conducted a public hearing on the Ordinance on July 12, 2022 and provisionally adopted it with direction to staff to prepare amendments to the draft. The directed amendment was to expand the identified public benefits necessary for approval to provide opportunity for an applicant to propose a unique option outside of the four default benefits included in the draft ordinance. The ordinance was revised and includes the requested amendment on page 35 with the new paragraph titled "Novel Public Benefits PDZ" and page 42 with the new paragraph titled "Novel Public Benefit PDZs". The Novel Public Benefit PDZ provides an option for an applicant to propose a planned development zone with public benefits other than the four listed in Section 38.430.050 for affordable housing, historic structure/site, sustainable/resilient design, large development, or combinations of the four. 524 For the initial City Commission discussion on Ordinance 2104 see the video recording of the July 12, 2022 as item J.2 beginning at time 1:32.15 in the recording. Materials for the July 12th hearing begin on page 269 of the overall Commission packet. Staff report and all other attachments are included. The City Commission provisionally adopted the revised Ordinance 2104 at their August 23, 2022 meeting. See the video recording, item J.2 for the discussion Ordinance 2104 is connected directly to this September 13th agenda. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission FISCAL EFFECTS:None Attachments: Ordinance 2104 Planned Unit Development - Final Adoption 9-13-2022.pdf Report compiled on: August 24, 2022 525 Ord 2104 Page 1 of 56 ORDINANCE 2104 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO REPEAL AND REPLACE DIVISION 38.430 PLANNED UNIT DEVELOPMENT, WITH ASSOCIATED CHANGES TO AUTHORIZED USES IN DIVISION 38.310 PERMITTED USES, AMEND 2.05.3000 ESTABLISHED – POWERS AND DUTIES, AMEND 38.200.010 REVIEW AUTHORITY, AMEND 38.200.100 BUILDING PERMIT REQUIREMENTS, TO REPEAL AND REPLACE 38.220.120 PLANNED UNIT DEVELOPMENT SUBMITTAL REQUIREMENTS, AMEND 38.220.420 NOTICE REQUIREMENTS FOR APPLICATION PROCESSING, AMEND 38.230.030 SPECIAL DEVELOPMENT PROPOSALS, AMEND 38.250.050 DEVIATIONS, AMEND 38.250.070 ZONING VARIANCES, AMEND 38.250.080 SUBDIVISION VARIANCES, AMEND 38.270.030 COMPLETION OF IMPROVEMENTS, AMEND 38.300.020 USE DISTRICTS DESIGNATED, ZONING MAP ADOPTED, AMEND 38.300.100.A RESIDENTIAL ZONING DISTRICTS, AMEND TABLE 38.310.030.B PERMITTED ACCESSORY AND NON-RESIDENTIAL USES IN RESIDENTIAL ZONING DISTRICTS, AMEND TABLE 38.310.040.E PERMITTED PUBLIC, REGIONAL, RECREATIONAL, CULTURAL AND ACCESSORY USES IN COMMERCIAL, MIXED-USE, AND INDUSTRIAL ZONING DISTRICTS, AMEND 38.350.030.D USE OF LANDS; BUILDINGS AND STRUCTURES, AMEND 38.350.050.D SETBACK AND HEIGHT ENCROACHMENTS, LIMITATIONS, AND EXCEPTIONS, AMEND TABLE 38.370.030 USES WITHIN DISTRICTS AND REQUIRED REVIEW PROCEDURES, AMEND 38.400.020 STREET AND ROAD DEDICATION, CREATE NEW DIVISION 38.440 LEGACY PLANNED UNIT DEVELOPMENTS, AMEND 38.550.050.M PLANNED UNIT DEVELOPMENT OPEN SPACES, AMEND 38.560.060.B SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT, AMEND 38.700.050 D DEFINITIONS, AMEND 38.700.080 G DEFINITIONS, AMEND 38.700.150 P DEFINITIONS, AMEND 38.310.060. SUPPLEMENTAL USE PROVISIONS FOR THE RESIDENTIAL EMPHASIS MIXED-USE ZONING DISTRICT, AMEND 38.330.020. REMU DISTRICT—SPECIAL STANDARDS AND ESTABLISH AN EFFECTIVE DATE, APPLICATION 22133. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and 526 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 2 of 56 WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on June 27, 2022 to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the Community Development Board acting in their capacity as the Bozeman Zoning Commission recommended to the Bozeman City Commission that those elements of application No. 22133 related to Planned Unit Developments, be approved with amendments addressing public benefits; and WHEREAS, after proper notice, the City Commission held its public hearing on July 12, 2022, to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated §§ 76-2-304, 76-3-102 and 76-3-501 and found that the proposed amendments would be in compliance with the criteria; and WHEREAS, the City Commission identified that an amendment to expand the scope of public benefits is appropriate and consistent with the initial intent of the ordinance and the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2- 304, 76-3-102, and 76-3-501. 2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by Resolution 5133 to establish policies for development of the community. 3. Zoning and subdivision regulations must be in accordance with the adopted growth policy. 4. The City accepted as a basis for housing implementation actions an amended Community Housing Action Plan by Resolution 5143. 5. The City undertook a public process to review and consider possible revisions to the City zoning regulations with the intent to remove potential barriers and to encourage creation of 527 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 3 of 56 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. 7. A staff report analyzing the required criteria for an amendment to the City’s regulations for zoning review, including accordance to the Bozeman Community Plan 2020, and required criteria for zoning regulations has found that the required criteria of Montana Code Annotated §§ 76-1-304 are satisfied. 8. The necessary public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the applicable materials and provide comment. 9. The City Commission considered the application materials, staff analysis and report, recommendation of the Community Development Board acting in their capacity as the municipal Zoning Commission, all submitted public comment, and all other relevant information. 10. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of this ordinance have been satisfied. 11. The City Commission determines that the ordinance provides a proper balance of interests, rights, and responsibilities of all parties affected by the ordinance. 12. The City Commission determines that the new approach for planned unit developments provides a superior outcome compared to the existing planned unit development regulations. 13. The City Commission determines that the proposed ordinance conforms to all Montana laws. 14. The City Commission determines that establishing planned unit developments as independent zoning districts provides flexibility for individual projects without jeopardizing predictability and uniformity to other zoning districts. 15. The City Commission determines that the public benefits required with a planned unit development as revised in the amendments provide a superior outcome for the public health, safety, and welfare compared to the prior alternatives for a planned unit development to demonstrate public benefit. 16. The City Commission determines that the flexibility offered with the planned development zone is proportionate to the public benefits required. 528 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 4 of 56 Section 2 That 2.05.3000 Established –Powers and duties, of the Bozeman Municipal Code be amended as follows: Sec. 2.05.3000. Established—Powers and duties. A. The community development board established pursuant to Resolution No. 5330 shall act as the design review board for all purposes under this Code. The design review board (DRB) is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the review authority, subject to the provisions of chapter 38. B. The DRB shall act as an advisory body to the review authority f or: 1. Development applications meeting one or more of the thresholds of section 38.230.040.C.; 2. Planned unit developments; and 3. Appeals from ADR decisions. C. The DRB may develop, and after adoption by the city commission, apply specific guidelines adopted by the city commission related to such concerns as architectural appearance, landscape design and signage for the construction and/or alteration of structures, sites or areas; D. When proposals for reuse, change in use or further development of a site are located in the neighborhood conservation overlay district, review by the DRB may be required to determine whether resubmittal as a new application is necessary in accordance with section 38.230.160.; E. The DRB may be requested to review the following development projects within the neighborhood conservation overlay district: new construction, alterations to existing structures, movement of structures into or out of the neighborhood conservation overlay district, or demolition of structures by any means or process in accordance with 38.340.A. F. The DRB must review any tax abatement or other incentive programs being considered by the city commission that are designed to stimulate preservation and rehabilitation of structures and properties with the neighborhood conservation district, and to review any proposed action or development utilizing these abatement or incentive programs in accordance with section 38.340.020. Section 3 That 38.200.010, Review authority, of the Bozeman Municipal Code be amended as follows: Sec. 38.200.010. Review authority. A. The city commission has the authority to review and require revisions to all development proposals subject to this chapter, and delegates that authority in certain circumstances as set forth below. The purpose of this review is to prevent demonstrable adverse impacts of the 529 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 5 of 56 development upon public safety, health or general welfare, or to provide for its mitigation; to protect public investments in roads, drainage facilities, sewage facilities, water facilities, and other facilities; to conserve the value of adjoining buildings and/or property; to protect the character of the city; to protect the right of use of property; advance the purposes and standards of this chapter and the adopted growth policy; and to ensure that the applicable regulations of the city are upheld. 1. The city commission retains to itself under all circumstances the review of the following: a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this chapter; b. Amendments to the text of this chapter or amendment to the zoning map including planned development zones per 38.430.090; c. Requests for cash-in-lieu of parkland dedications, except: (1) In the B-3 zone district; or (2) When by resolution the city commission delegates decisions on cash-in-lieu for development for which it would not otherwise be the review authority. d. Extensions of subdivision preliminary plat approvals for periods greater than two years; e. Planned unit development preliminary plans and major amendments to planned unit developments; e.f. Appeals from administrative interpretations and final project review decisions; f g. Approval of preliminary park master plans when associated with a development for which the city commission is the review authority; g h. Large scale retail per section 38.360.160; h i. More than two deviations or where deviation is for more than 20 percent of standard. i. Conditional use permits when no board of adjustment is established; j. More than two deviations or where deviation is for more than 20 percent of standard. 2. The city commission conducts a public hearing for applications under 76-2-402, MCA. B. The community development director must, upon recommendation from the applicable advisory bodies approve, approve with conditions or deny all applications subject to this chapter except those listed below. Decisions of the community development director are subject to the appeal provisions of division 38.250 of this chapter. 1. Projects excluded from community development director review: a. Those applications specifically reserved to another approval authority as stated in this section; 530 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 6 of 56 b. Development of city property which does not conform to all standards of this chapter; c. Any application involving variances from this chapter; 2. Exception. The city commission may, by an affirmative, simple majority vote of its members at a regularly scheduled meeting reclaim to itself the final approval of a development application normally subject to the approval of the community development director. The vote must occur prior to the action of the community development director. C. When a board of adjustment has been appointed per section 2.05.2800, the board of adjustment must, upon recommendation from the applicable advisory bodies approve, approve with conditions or deny those applications specifically delegated to it by the city commission. Decisions of the BOA are subject to the appeal provisions of division 38.250 of this chapter. 1. Exception. The city commission may, by an affirmative vote of three of its members at a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the approval of the board of adjustment. The vote must occur prior to the action of the board of adjustment. D. The city engineer must review and upon recommendation from the applicable advisory bodies when as needed approve, approve with conditions or deny the following site elements and processes: 1. The placement of private utility easements within public rights-of-way owned or controlled by the city; 2. Specifications and modifications therefrom for paving of streets and parking areas; 3. The waiver of required information per subparagraph 38.220.080.A.2.i(3); 4. Requirement for a traffic impact analysis and determination of its contents per subparagraph 38.220.120.A.2.c(5); 51. Site access and storm water for reuse and further development per section 38.230.160.B; 6. Modifications in required completion time for subdivision improvements per subparagraph 38.270.030.B.1; 7. The use of a financial guarantee for paving of streets per paragraph 38.270.060.C; 2. Location of storm water facilities within neighborhood centers per section 38.410.020; 3. The placement of private utility easements within public rights-of-way owned or controlled by the city; 4. The maximum length of dead end water mains per section 38.410.070; 5. The maximum length of service lines per section 38.410.070; 6. Exceptions to storm water controls per section 38.410.080; 7. All modifications or proposed standards in section 38.400.010 except subparagraph 38.400.010.A.1, Relation to undeveloped areas; 531 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 7 of 56 8. Plans and specifications for public infrastructure and infrastructure to be granted to the public per 38.400.060, Street improvement standards paragraphs A and B.1-3; 9. Alternate curb return radii per subparagraph 38.400.090.C.3; 10. Locations and modifications to drive accesses to public streets per paragraphs 38.400.090.G and H; 11. Street improvement standards and modifications therefrom per section 38.400.060; 1012. Departures for street vision triangles per section 38.400.100; 11. Exceptions to storm water controls per section 38.410.080; 12. Exceptions or modifications to installation of bikeways and boulevard trails per section 38.400.110.E; 13. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing per paragraphs 38.540.020.D, F and J; 14. Protection of landscape areas per paragraph 38.550.050.H; 15. All actions required of the flood plain administrator per article 6 of this chapter; 16. Modifications in required completion time for subdivision improvements per subparagraph 38.270.030.B.1; 17. The use of a financial guarantee for paving of streets per paragraph 38.270.060.C; 18. The waiver of required information per subparagraph 38.220.080.A.2.i(3); 19. Requirement for a traffic impact analysis and determination of its contents per subparagraph 38.220.120.A.2.c(5); 20. Specifications and modifications therefrom for paving of streets and parking areas; 21. Designation of street classifications for collectors and arterials not shown in the long range transportation plan; and 22. Alternate parking angles for surface and structured parking stall configurations listed in Table 38.540.020. All other numeric standards apply. 23. Exceptions or modifications to installation of bikeways and boulevard trails per section 38.400.110.E; E. The director of utilities public works must review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following development elements and processes: 1. Payment of cash in-lieu of capital facilities for utilities per section 38.270.070.C; 2. Location of storm water facilities within neighborhood centers per section 38.410.020; 31. Waiver of the requirement to extend water, sewer, and streets to the perimeter of property being developed per section 38.410.070; 4. The maximum length of dead end water mains per section 38.410.070; 5. The maximum length of service lines per section 38.410.070; and 532 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 8 of 56 62. Provision of water rights as authorized in section 38.410.130; 3. Subject to section 38.400.060, exceptions to the level of service standards established in section 38.400.060.B.4; 4. Payment of cash in-lieu of capital facilities established in section 38.270.070.C; and 5. Acceptable alternative sidewalk design or materials per section 38.400.080. F. The director of transportation and engineering must review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following development elements and processes: 1. Payment of cash in-lieu of capital facilities for streets and transportation per 38.270.070.C. 2. All modifications or proposed standards in section 38.400.010; 3. Departure for street cross section in section 38.400.020. 4. Subject to section 38.400.060, exceptions to the level of service standards established in section 38.400.060.B.4; 5. Street improvement standards and modifications therefrom per section 38.400.060; 6. Acceptable alternative sidewalk design or materials per section 38.400.080; 7. Locations and modifications to drive accesses to public streets per paragraphs 38.400.090.G and H; 8. Alternate parking angles for surface and structured parking stall configurations listed in Table 38.540.020. All other numeric standards apply; and 9. Designation of street classifications for collectors and arterials not shown in the long range transportation plan; G F. The director of parks and recreation must review, and as needed approve, approve with conditions or deny the following development elements and processes: 1. Determine the classification of recreation pathways per section 38.420.110.D. 2. Approve final park plans. 3. Approve preliminary park plans when a development is subject to approval by the director of community development. 4. Approval of calculations of cash-in-lieu of parkland amounts for development of property when: a. The initial dedication of land per section 38.420.020 has been provided; b. Money to be paid is to address mitigation of recreation impacts above the minimum land dedication; and c. A park master plan has been approved for the park servicing the land to be developed. 533 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 9 of 56 H G.As detailed in division 38.200 of this chapter, the city commission authorizes the applicable advisory bodies to review and to make recommendations to the review authority regarding development proposals. Under this section, when advisory boards review and make recommendations to the review authority they act in a quasi-judicial capacity. Recommendations do not constitute votes of approval or denial. I H. The city commission or its designated representatives may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations. The city commission or its designated representatives may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the development as submitted. Recognizing that the standards of this chapter are minimum requirements and the public health, safety, and general welfare may be best served by exceeding those minimums, the city commission or community development director may require as a condition of approval mitigation exceeding the minimums of this chapter. I Decisions of the community development director and other review authorities are subject to the appeal provisions of division 38.250 of this chapter. Section 4 That 38.200.100, Building permit requirements, of the Bozeman Municipal Code be amended as follows: Sec. 38.200.100. Building permit requirements. A. No building or other structure may be erected, moved, added to or structurally altered and no land use may be changed without valid permits as prescribed in this division. 1. Only minor site surface preparation and normal maintenance is allowed prior to conditional approval by the appropriate review authority and the issuance of a building permit, provided such activity does not include excavation for foundations or the removal of mature, healthy vegetation. Minor site surface preparation means disturbing less than one-half acre, movement of 30 cubic yards or less of material, or a cut or fill of less than cumulative one foot whichever is less. Any excavation and site disturbance must be in conformance with an approved stormwater control plan. No excavation of foundations or setting of forms can commence until final site or sketch plan approval has been granted and until building permits have been issued. Proceeding prior to building permit issuance is at the hazard of the landowner. a. Exception:When construction and funding of public streets are occurring under the provisions of division 38.430 of this chapter, Planned unit development (PUD), tThe issuance of building permits may be allowed prior to completion of infrastructure improvements, pursuant to the provisions established in division 38.270. of this chapter. 2. Building permit. Within the limits of the city, building permits must be obtained as provided by section 10.02.020. 534 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 10 of 56 3. Based upon an approved sketch, site plan, certificate of appropriateness, or conditional use permit or planned unit development (hereinafter referred to as "plan"), and after any appeals have been resolved, a building permit for the site may be requested and may be granted, provided such building permit is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension as allowed in divisions 38.230 and 38.430. Section 5 That 38.220.120, Planned unit development submittal requirements, of the Bozeman Municipal Code be deleted in its entirety and replaced as follows: 38.220.120 Planned development zone general plan and final plan submittal requirements The following information must be presented in a PDZ general development plan for the entire property in an application for a PDZ rezoning, unless the review authority determines that one or more of the items is not necessary in light of the size, location, availability of existing services, or information already available to the city related to the proposed development: A. An application form and required application fee. B. One or more map or drawings showing (1) the existing conditions on-site and within 200 feet of the project boundary, and (2) the proposed final conditions for each of the following at a concept level of detail. Final plans, studies, and engineering detail will be required with applications for Final Development Plans. 1. Site boundaries (with dimensions and legal description); 2. Site topography (including existing features to be retained); 3. Watercourses, wetlands, agricultural water user facilities, irrigation facilities, and floodplain boundaries; 3. General land uses, including maximum number and unit type of dwelling units and maximum gross floor area of non-residential land uses for each portion of the property; 4. General lot and street network and access points to arterial and collector streets and current transit facilities and routes; 5. General locations of trails, bicycle paths, and ped estrian ways; 6. General location of parks and open space network; 7. General landscaping plan for public areas, property boundaries, and proposed street frontages; 8. General Sstorm drainage retention/detention areas, and stormwater design plan; and 9. General locations of major water and sewer line locations and utility easements. 10. General phasing sequence and boundaries. 535 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 11 of 56 C. A map identifying a reference base district for each portion of the PDZ property, and a narrative explanation of any standards in each respective reference base district requested by the applicant that are to be adjusted or waived in that area, the extent of adjustment or waiver requested, and any non-standard uses proposed to be included; D. Acknowledgement that any reference base district standards or other standard not explicitly modified by the PDZ is subject to change if the reference base district is amended. E. If phasing of development is proposed, a separate phasing plan with phases clearly identified; F. An explanation of the proposed land use and development density or intensity for each portion of the site and a calculation of each proposed land use as a percent of total site area; and. G. Any additional information needed to confirm that the application meets the eligibility requirements in 38.430.050.A through E for the type of PDZ being requested, as determined by the review authority. F. The general or final plan must include revised documents necessary to demonstrate how the general and final plan addresses previous review comments and conditions of approval of the general plan and a written narrative stating how each of the conditions of approval and noted code provisions or other demonstrations of compliance with standards have been satisfactorily addressed. This narrative must be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. G. The final plan must clearly identify the standards established through the PDZ that differ from the reference base district. The final plan must acknowledge in writing that any reference base district standard not explicitly established through the PDZ is subject to amendment and revision as the reference base district is amended. If the base district is later removed from the municipal code the city will apply the district which by the city’s determination is the most similar district. Section 6 That Table 38.220.040 of 38.220.420, Notice requirements for application process, of the Bozeman Municipal Code be amended as follows with all other elements of the section remaining as presently written: Table 38.220.420 Minimum standards for timing, location of noticing area and type of notice. Application Distance Notice Type Text amendment NA Newspaper Zone Map Amendment - rezoning, or with annexation, or as planned development zone 200 Newspaper, post on- site, mail 1st class 536 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 12 of 56 Zone Map Amendment - Resulting from ordinance changes None Newspaper Variance - Floodplain and zoning 200 Newspaper, post on- site, mail 1st class Noticing for 76-2-402, MCA claims None Newspaper, post on- site Deviation 200 Newspaper, post on- site, mail 1st class Appeals of Administrative Project Decisions 200 Newspaper, post on- site, mail 1st class Appeals of Administrative Interpretations None Newspaper Sketch plan/reuse/change in use/further development None None Sketch plans for adding dwellings in the neighborhood conservation overlay district, demolition of historic structures as defined in article 7 of this chapter, or modification of wetlands. None Post on-site Informal/concept plan None None Preliminary site plan and master site plan 200 Post on-site, mail 1st class Preliminary Planned Unit Development 200 Newspaper, post on- site, mail 1st class Conditional Use Permit / Special Use Permit 200 Newspaper, post on- site, mail 1st class Floodplain permit 200 Newspaper, mail 1st class Certificate Of Appropriateness None None Subdivision exemption None None Subdivision subject to 76-3-616 MCA including subdivision or other variances 200 Post on-site, mail 1st class Subdivision subject to 76-3-623 MCA 200 Newspaper, post on- site, certified mail to adjacent owners, mail 1st class all others Notice of violation per 38.200.160 None Certified mail to landowner 537 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 13 of 56 Section 7 That 38.230.030, Special development proposals—Additional application requirements, review procedures and review criteria, of the Bozeman Municipal Code be amended as follows: Sec. 38.230.030. Special development proposals—Additional application requirements, review procedures and review criteria. A. Application requirements. Applications for special development proposals (e.g. PUD, CUP, flood plain development permits, variances, etc.) must include: 1. The required information for plans described in section 38.220.080; 2. Any additional application information required for specific reviews as listed in the following divisions of this chapter: a. Division 38.430, Planned Unit Development; b a. Division 38.360, Standards for Specific Uses; c b. Division 38.370, Telecommunications; d c. Division 38.600, Bozeman Floodplain Regulations; and e d. Division 38.250, Appeals, Deviations and Variance Procedures. B. Review procedures and review criteria. Additional review procedures and review criteria for specific development proposals are defined in the following sections and divisions of this chapter: 1. Section 38.230.080, Certificate of appropriateness; 2. Section 38.230.110, Conditional use; 3. Section 38.230.120, Special use permit; 4. Division 38.430, Planned Unit Development; 5. Division 38.360, Standards for Specific Uses; 6.5. Division 38.370, Telecommunications; 7.6. Division 38.600, Floodplain Regulations; and 8.7. Division 38.250, Appeals, Deviations and Variance Procedures. Section 8 That 38.250.050, Deviations, of the Bozeman Municipal Code be amended as follows: Sec. 38.250.050. Deviations. All requests for deviations in the neighborhood conservation overlay district or through the PUD process must be heard by the review authority established in section 38.200.010. Deviations may only be applied for in conjunction with submittal of a development proposal of a type authorized by divisions 38.230 and 430 of this chapter. Standards and criteria for award of deviations are contained in divisions 38.340 and 430 of this chapter. The granting of a deviation is an exercise of 538 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 14 of 56 administrative power that can effect no change in the chapter. A deviation may be granted only in a specific instance permitting a nonconformity in order to accomplish the specific objectives of sections 38.340.070 and 38.430.030.D, and provided the standards and criteria imposed are met. Deviations must not be granted for relief from procedural requirements, or to waive or vary the application of an ordinance provision imposing specific safety requirements, or to waive or vary the application of other ordinances or statutes. Section 9 That Paragraph A of 38.250.070, Zoning variances, of the Bozeman Municipal Code be amended and Paragraph G of 38.250.070 be created as follows with all other elements of the section remaining as presently written: D. Authorization and limitations on approval. 1. The review authority may, after public notice, opportunity for public comment, and consideration of the application, deny, approve or conditionally approve all requests for variances meeting all the criteria of this section, including: a. Requests to modify dimensional or other numerical requirements of this chapter; b. Requests for multiple variances; c. Requests to modify flood hazard district requirements subject to the provisions of article 6 of this chapter, except that no variance may be granted to allow construction of buildings within the floodway of a 100-year frequency flood as defined in title 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.); and d. Requests for variances in conjunction with conditional use permits. Approvals of all such variances must be conditioned upon review authority approval of the conditional use permit. 2. The scope and extent of the variance must be limited to the minimum relief necessary to provide reasonable use of the property. 3. In no case may the review authority grant variances to allow uses not already permitted pursuant to this chapter or alter administrative requirements of this chapter. Permission to change uses allowed on a parcel may be sought through a zone map amendment, or an amendment to the text of the applicable zoning district, or through a planned unit development subject to division 38.430. 4. Notifications of approval for variances related to flood hazard requirements of article 6 of this chapter must notify the applicant that: a. The issuance of a variance to construct a building below the 100-year floodplain elevation will result in increased premium rates; and b. Such construction below the 100-year flood elevation increases risks to life and property. … 539 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 15 of 56 G. Planned development zone. Where the standards and requirements of this chapter are proposed to be modified through a planned development zone, the applicable process is a review of a planned development zone rather than a variance. Section 10 That Paragraph F of 38.250.080, Subdivision variances, of the Bozeman Municipal Code be amended as follows with all other elements of the section remaining as presently written: F. Planned development zoneunit development. Where the standards and requirements of this chapter are proposed to be modified through a planned development zoneunit development, the applicable process is a deviation review of a planned development zone rather than a variance. Section 11 That Paragraph D of 38.270.030, Completion of improvements, of the Bozeman Municipal Code be amended as follows with all other elements of the section remaining as presently written: D. Exception for concurrent construction. In certain circumstances, the issuance of a building permit may be allowed prior to completion of the public infrastructure, provided that the following criteria are met: 1. The city will have an opportunity to review and approve future proposed development through a site plan review or planned unit development development is using the incentives of 38.380.030; 2. The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in section 38.270.080. If a financial security is used, the amount will be determined by the city and in an amount not less than 150 percent of the cost of the improvements verified against city publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the city may be used. The security must be in the name of the city and must be at least six months longer than the time of performance required by the improvements agreement; 3. Improvements must be complete within two years of the date of the improvements agreement; 4. Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the engineering department, and the Montana Department of Environmental Quality when applicable, prior to issuance of any building permit for the development; 540 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 16 of 56 5. Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the development must cease until required phases of infrastructure improvements as described in the improvements agreement have been completed, and inspected and accepted by the city; 6. The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the city. The commercial general liability policy must name the city as an additional insured. The developer must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof; 7. The developer must recognize, acknowledge and assume the increased risk of loss because certain public services do not exist at the site; 8. If public funds or other third party funding will be used to fund all or part of the installation of infrastructure, the improvements agreement between the developer and the city must identify the type or types of predetermined infrastructure funding. Public or third party funding may include, but is not limited to reimbursement, payment up front, creation of a special improvements district, or grants; 9. No occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the development will be allowed until required infrastructure improvements have been completed, inspected, and accepted by the city, and a certificate of occupancy has been issued; a. No occupancy of structures or commencement of any use is allowed when such action would constitute a safety hazard in the opinion of the city; 10. The developer must enter into an agreement with the city to address the provision of any services on an interim basis during construction, if deemed appropriate; 11. The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section; 12. The developer must pay for any extraordinary costs associated with the project which the city may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs; 13. The development must be under the control of a single developer and all work must be under the supervision of a single general contractor. The developer and general contractor must agree that there must be no third-party builders until required infrastructure improvements have been completed, and inspected and accepted by the city; and 14. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval 541 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 17 of 56 of the community development director in consultation with the city engineer and with a recommendation from the development review committee. Section 12 That Paragraph A of 38.300.100, Residential zoning districts – intent and purpose, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: A. Residential suburban district (R-S). This district is not available for newly created subdivisions, undeveloped land, or any land annexed into the city on or after January 1, 2018. The intent and purpose of the R-S residential suburban district is to commemorate and preserve existing RS zoning only. These purposes are accomplished by: 1. Subdivision and site plan developments in this district are subject to the provisions of division 38.430 of this chapter, pertaining to planned unit development, and shall be developed in compliance with the adopted city growth policy. 1 2. Allowing permitted uses in circumstances where environmental constraints limit the desirable density. 2 3. Providing for a minimum lot size in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas. 4. This district is not available for newly created subdivisions, undeveloped land, or any land annexed into the city on or after January 1, 2018. Section 13 That 38.300.020, Use districts designated, zoning map adopted, of the Bozeman Municipal Code be amended as follows: Sec. 38.300.020. Use districts designated, zoning map adopted. A. The city is divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by this reference and declared to be a part of this chapter. B. The purpose statements for each zone and map designation set forth in part 2 of this division shall be used to guide the application of the zones and designations to all lands in the city. The purpose statements also shall guide interpretation and application of land use regulations within the zones and designations, and any changes to the range of permitted uses within each zone through amendments to this title. For the purpose of this chapter, the city is divided and classified into the following use districts: 542 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 18 of 56 R-S Residential Suburban District R-1 Residential Low Density District R-2 Residential Moderate Density District R-3 Residential Medium Density District R-4 Residential High Density District R-5 Residential Mixed-Use High Density District R-O Residential-Office District RMH Residential Manufactured Home Community District B-1 Neighborhood Business District B-2 Community Business District B-2M Community Business District - Mixed B-3 Downtown Business District UMU Urban Mixed-Use District M-1 Light Manufacturing District M-2 Manufacturing and Industrial District B-P Business Park District PLI Public Lands and Institutions District NEHMU Northeast Historic Mixed-Use District NC Neighborhood Conservation Overlay District REMU Residential Emphasis Mixed-use District PDZ Planned Development Zone C. Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services. Section 14 That Table 38.310.030.B, Permitted accessory and non-residential uses in residential zoning districts, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: Table 38.310.030.B Permitted accessory and non-residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; 543 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 19 of 56 — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH Accessory uses Essential services Type I* A A A A A A A A Guest house* A A A A A A A — Home-based businesses (38.360.150)* A/S A/S A/S A/S A/S A/S A/S A/S Other buildings and structures typically accessory to authorized uses A A A A A A A A Private or jointly owned recreational facilities A A A A A A A A Signs*, subject to article 5 of this chapter A A A A A A A A Temporary buildings and yards incidental to construction work A A A A A A A A Temporary sales and office buildings A A A A A A A A Non-residential uses Agricultural uses* on 2.5 acres or more (38.360.270) P — — — — — — — Agricultural uses* on less than 2.5 acres (38.360.270) C — — — — — — — Bed and breakfast* C C C C P P P — Commercial stable (38.360.230) C — — — — — — — Community centers* C C C C C C P C Day care centers* S S S P P P P S 544 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 20 of 56 Essential services Type II* P P P P P P P P Essential services Type III*2 C C C C C C C C Short Term Rental (Type 1)* P P P P P P P — Short Term Rental (Type 2)* — — P P P P P — Short Term Rental (Type 3)* — — — — — — — — General service establishment* — — — — — — P5 — Golf courses C C — — — — — — Offices* — — — — S3 S3 P — Public and private parks P P P P P P P P Medical offices, clinics, and centers* — — — — C C3 P — Recreational vehicle parks (38.360.210)* C — — — — — — P Restaurant* — — — — — P4 P5, 6 — Retail* — — — — — P4 P5, 6 — Uses approved as part of a PUD per division 38.380 of this article C C C C C C C C Veterinary uses S — — — — — — — Notes: 1. The primary use of a lot, as measured by building area, permitted in the R -O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 3. Only when in conjunction with dwellings. 4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street corner sites within a mixed-use building featuring residential units next to and/or above subject uses. 5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant. 6. These uses may not include drive-through facilities. Section 15 545 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 21 of 56 That Table 38.310.040.E, Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use, and industrial zoning districts, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: Table 38.310.040.E Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed- use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. Uses Zoning Districts Commercial Mixed Use Industrial PLI B- 11 B- 2 B- 2 M B- 3 UMU (38.310 .050) REMU (38.310 .060) NEHM U2 B P M -1 M -2 Public, educational, government and regional Business, trade, technical or vocational school — P P P3 P P P P P P — Cemeteries* — — — — — — — — — — P Essential services (38.360.130) • Type I A A A A A A A A A A A • Type II P P P P3 P P P P P P P • Type III C4 P P C3 , 4 C C4 P C P P P P Meeting hall — P P P P P — — — — — Production manufacturing and generation — — — — — — — — — S — 546 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 22 of 56 facilities (electric and gas) Public and nonprofit, quasi- public institutions, e.g. universities, elementary junior and senior high schools and hospitals — — — — — — — — — — P Public buildings and publicly owned land used for parks, playgrounds and open space P — P — P P P P P P P P P Solid waste transfer station — — — — — — — — — C P Solid waste landfill — — — — — — — — — — C Truck, bus and rail terminal facilities — — — — — — P — P P — Recreational, cultural and entertainment Adult business (38.360.050)* — — — — — — — — P P — Amusement and recreational facilities — P P — P — P — P C — Arts and entertainment center* P P P P P P 12,000s f — — — — — Casinos — — — — — — — — C C — Community centers (38.360.090)* P P P P P P P P P P P Accessory and/or other uses Agricultural uses* — — — — — — — — — P — 547 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 23 of 56 Home-based businesses (38.360.150)* A A A A A A A A A A — Other buildings and structures (typically accessory to permitted uses) A A A A A A A A A A A Temporary buildings and yards incidental to ongoing construction work — — — — — — A A A A — Any use, except adult businesses and casinos, approved as part of a planned unit development subject to the provisions of division 38.430 C C C C C C C C5 C5 C5 — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 3. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse Avenue and from the alley one-half block north of Main Street to the alley one-half block south of Main Street) unless visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade adjacent to a street. 4. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 5. Also excludes retail, large scale uses. Section 16 That Paragraph D of 38.350.030, Use of lands; buildings and structures, of the Bozeman Municipal Code be amended as follows with all other elements of the section remaining as presently written: D. Municipal infrastructure requirements. 1. Whenever any building lots and/or building sites are created inside the city limits or existing lots are annexed, and prior to the issuance of any building permits on such lots or sites, municipal water distribution, municipal sanitary sewer collection, and streets must be provided to the site. Each building site must utilize and be connected to both the municipal water distribution and municipal sanitary sewer collection systems. Installation of improvements is subject to division 38.270 of this chapter. 548 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 24 of 56 a. Alternative. When, in the city's sole determination, it is in the city's long term best interests to allow a building lot or site to be created or developed without immediate access to either municipal water or municipal sewer the city may, at its sole discretion, make such allowance when all of the following have been met: (1) The non-municipal system to service the lot or site must be designed, reviewed and constructed to meet city standards. Systems serving more than one lot or user must be central systems; (2) The non-municipal system must be designed and constructed in a manner to allow connection to the municipal system components shown in applicable facility plans to serve the property at such time as it becomes available; (3) The landowner must provide waivers of right to protest creation of special improvement districts or other financing methods to extend municipal water and sewer services. Such extensions or connections may require construction of system components that are not immediately adjacent to the building lot or site; (4) The landowner must agree to connect to municipal water and sewer services and abandon and remove non-municipal services when so instructed by the city. Such agreement must be binding on all successors and run with the land; (5) If the city takes responsibility to operate the non-municipal system it may impose a surcharge to cover extra operational expenses. City operation of the system is at the city's discretion; (6) The requirement for future connection to the municipal water and/or sewer system, waivers and agreements, and other applicable materials must be either noted on the plat or final plan or a separate notice be recorded at the county clerk and recorder's office so that such notice will appear on a title report or abstract of the property; (7) No non-municipal water or sewer systems must be constructed until all necessary approvals from the state department of environmental quality, City of Bozeman, county health department, and any other relevant agency have been received; and (8) The use of municipal water or sewer systems is considered to be the best means to protect the public interest and welfare. The alternative for the use of non-municipal systems is intended to be used sparingly and in extraordinary circumstances. In order to protect the public interest, in approving a non- municipal system the city may impose such conditions of approval as it deems necessary. 2. These improvements must be designed, constructed and installed according to the standards and criteria as adopted and approved by the city prior to the issuance of any building permits. 549 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 25 of 56 3. When municipal water distribution and municipal sanitary sewer collection systems are being provided to serve a development proposal occurring under the provisions of division 38.430, planned unit development (PUD), tThe issuance of a building permit may be allowed prior to completion of the public infrastructure, provided the criteria, standards, and limitations of section 38.270.030 are met. 4. Notwithstanding the provisions of subsection D.3 of this section, the city may limit the scope, type and number of projects eligible for simultaneous construction consideration. Section 17 That Paragraph D of 38.350.050, Height limitation exceptions, of the Bozeman Municipal Code be amended as follows with all other elements of the section remaining as presently written: D. Height limitation exceptions. 1. Non-specific exemptions. No building, or part thereof, or structure must be erected, reconstructed or structurally altered to exceed in height the limit herein designated for the district in which such building is located, except as is specified in division 38.250 of this chapter., or as specifically authorized as an approved condition of a planned unit development. Such approved conditions must include the recommendations of the city fire marshal. 2. Specific exemptions. a. Height limitations do not apply to church spires, belfries, cupolas and domes; monuments; chimneys and smokestacks; flag poles; public and private utility facilities; parapet walls extending no more than four feet above the limiting height of the building except as hereinafter provided: amateur radio antennae; solar energy collectors and equipment used for the mounting or operation of such collectors; and building mounted horizontal and vertical axis wind energy collectors under 15 feet in height from the building mounting surface, and equipment used for the mounting or operation of such collectors. b. Places of public assembly in churches, schools and other permitted public and semi-public buildings may exceed height limitations otherwise established by this chapter, provided that: (1) The portion of the building that exceeds the height limit must be limited to 10 percent of the total building footprint; and (2) That for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear setbacks must be increased in width or depth by an additional one foot over the side and rear setbacks required in the district. c. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from height limitations otherwise established in this chapter, provided that no 550 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 26 of 56 linear dimension of any such structure exceed 50 percent of the corresponding street frontage line. d. Towers and monuments, cooling towers, gas holders or other structures, where the manufacturing process requires a greater height, and grain elevators and silos are exempt from this chapter, provided that any structure above the height otherwise permitted in the district must occupy no more than 25 percent of the area of the lot and must be at least 25 feet from every lot line. e. Height restrictions for wireless facilities are governed by division 38.370 of this chapter. Section 18 That 38.370.030, Uses within districts and required review procedures, of the Bozeman Municipal Code be amended as follows: Sec. 38.370.030. Uses within districts and required review procedures. A. Purpose. Thise purpose of this section authorizes is to describe the procedures under which certain telecommunication uses may be permitted as principal or conditional uses in specific districts. Unless specifically exempted by this division 38.370, all other standards and procedures of this chapter must apply. 1. The Montana Subdivision and Platting Act (MCA 76-3-101 et seq.) may require subdivision review when land interests are created by rent or lease. Depending on how the ownership and use of land for a facility subject to this division 38.370 is established, subdivision review may be required in addition to site plan review. B. No wireless facility may be permitted except in accordance with the development review processes indicated in Table 38.370.030 in subsection B.1 of this section, based on the applicable zoning district and scope of the proposed facility. Principal uses are indicated with a "P", conditional uses are indicated with a "C", accessory uses are indicated with an "A", planned unit development is indicated with a "PUD", and uses which are not permitted within the district are indicated by a "-". All applications are subject to the review processes, submittal requirements and other requirements of articles 38.230, 38.430 and 38.220 of this chapter as may be applicable. 1. Review procedures. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. Table 38.370.030 Zoning District Large scale Small scale Micro scale Non-broadcast PLI P P A P M-2 P P A P M-1 P P A P B-P C P/C1 A P B-3 C P/C1 A P 551 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 27 of 56 B-2 C P/C1 A P B-2M C P/C1 A P B-1 C P/C1 A P UMU C P/C1 A P REMU PUD S9 P/C1 A C NEHMU P P A P R-O PUD S9 C P C R-5 PUD S9 C P C R-4 PUD S9 C P C R-3 PUD S9 C P C R-2 PUD S9 C P - R-1 PUD S9 C P - R-S PUD S9 C P C Note: 1. Conditional use review is required when the proposed facility exceeds the height limitation of the district. 2. Collocation upon a previously approved wireless facility, when such additional facilities were contemplated as part of the original review, must be reviewed as a sketch plan in all zones. 3. A wireless facility may be permitted as an accessory use in any non-residential district when: a. It is for the exclusive use of a single on-site business when the business has otherwise been approved under division 38.230 or 38.430 of this chapter, rather than offered to additional parties; b. It is in compliance with the maximum building height limitations of the zoning district; c. It complies with all setback and other zoning requirements; and d. Has eight or less square feet of total antenna surface area. 4. Installations located within the neighborhood conservation overlay district must be reviewed against the criteria of division 38.340 of this chapter as applicable, and a certificate of appropriateness is required before issuance of a building permit. 5. Prior to submitting an application for a large scale or small scale wireless facility, the applicant must request in writing a pre-application conference with the community development department. The purpose of the pre- application conference is to acquaint the participants with the applicable requirements of this division 38.370, as well as with any preliminary concerns the department may have. 6. The applicant's written request for a preapplication conference must include the following information with regard to the proposed facility: a. Location; b. Overall height; c. Number of antennas proposed, including those of other providers to be collocated; d. Type of wireless communication services to be provided; and e. Coordination of ground equipment shelters. 7. Adequate review of applications may require the city to retain consultants or other third party assistance to review an application. In such event the applicant must reimburse the city for the actual costs incurred prior to issuance of a building permit. 8. The provisions of division 38.280 of this chapter must apply for all nonconforming facilities subject to this division 38.370. 9. When demonstrated to be necessary to meet federal requirements for continuity of service in an area. Section 19 552 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 28 of 56 That 38.400.020, Street and road dedication, of the Bozeman Municipal Code be amended as follows: Sec. 38.400.020. Street and road dedication. A. General. All streets or alleys within, or providing access to, the proposed development must comply with 38.400.050, be dedicated to the public, or be privately maintained streets to be owned by the city and maintained by an approved non-city maintenance provider. property owners' association, or, if the criteria of this section are met, be a public street easement. 1. Public street easements. Public street easements must: a. Be in the city’s standard form or be approved by the city attorney's office; b. Be recorded in the county clerk and recorder's office; and c. Clearly grant to the public an unrestricted right of ingress and egress from a public street to the property to be subdivided. 2. Privately maintained public streets. a. Privately maintained streets may be required tomust have a public access easement. if deemed necessary by the city. b. If a privately maintained local street is proposed, the following standards must be met: project must be reviewed as a planned unit development. However, development proposals containing private streets are exempt from the PUD review requirement if : (1) A local private street is proposed and tThe street right of way complies would comply with the city standard of-way requirement of 60 feet, and the standard back-of-curb to back-of-curb width is of 31, 33 or 35 feet; or (2) A local private street is proposed and tThe street right of way complies would comply with the city standard right-of-way requirement of 60 feet. The back-of-curb to back-of-curb width may vary from city standards, provided that: the review authority approves a departure for the back-of- curb to back-of-curb width when: (a) An alternate street cross section is provided which provides the functional equivalent for pedestrian and vehicle travel, snow and stormwater management, and parking of motor and other vehicles. (b) A report certified by a professional engineer addressing site conditions including zoning and expected intensity of development over time, ability to accommodate unexpected intensity of development, connectivity to other streets, expected traffic volumes, site distances, spacing of accesses, turning movements, and proposed alternative means of addressing standards including but not limited to stormwater. (c) Based upon the above data, the review authority will determine whether a modification from the required standards is justified. The alternative 553 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 29 of 56 design must protect the public's health, safety and welfare, the intent of this chapter, and the intent of the city's growth policy. (d a) A permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance; and (e b) The developer signs a waiver of right to protest the creation of SIDs, or other perpetual legal instrument, acknowledging that the city will not assume dedication and/or maintenance of the streets unless the street is brought up to city standards, or the property owners' have agreed to an assessment to fund improvements required to bring the street up to city standards. The developer must record the waiver, or other legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required. (f) The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising from approval of an alternative street cross section under this section. c. Privately maintained collector or arterial streets are not allowed. c d. Documented proof of adequate funding and scheduling for maintenance of all privately maintained public streets, must be provided, subject to section 38.270.090. Section 20 That 38.430, Planned Unit Development, of the Bozeman Municipal Code be deleted in its entirety and replaced with a new section as follows with some elements of the former 38.430 amended and moved to a new division 38.440: Division 38.430 Planned Development Zone Districts 38.430.010 Purpose The purpose of the planned development zone (PDZ) district is to provide a general structure and plan for specific properties to encourage flexibility and innovation that: A. Create distinct neighborhoods with quality urban design and mutually supportive uses; and B. Support implementation of community plans and goals, including but not limited to the city’s adopted growth policy; and C. Provide community benefits through the creation of affordable housing, inclusion of environmentally sustainable design features, and retention of historic structures; and 554 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 30 of 56 D. Protect and promote the health, safety, and general welfare of the community. 38.430.020 Planned Unit Developments (PUD)s Approved or Adequate Prior to [Effective Date] A. Individual PUDs approved by the city prior to [Effective Date], and PUD applications received by the city prior to [Effective Date] that have completed the adequacy review process prior to [Effective Date] must after [Effective Date] be referred to as Legacy Planned Unit Developments. B. Individual Legacy Planned Unit Developments shall be governed by, and may be amended pursuant to, the rules regarding PUDs in effect prior to [Effective Date]. The PUD regulations in effect prior to [Effective Date] are renamed legacy planned unit developments and are in division 38.440. 38.430.030 PDZs Approved After [Effective Date] A. PDZ applications approved by the city after [Effective Date], and submitted PUD applications that have not completed the adequacy review process prior to [Effective Date] shall be subject to the regulations in this division. B. A PDZ application must identify a standard base zoning district, from those listed in division 38.300 (the “reference base district”) for each portion of the PDZ area. Different reference base districts may be designated for different portions of the property. The project must be designed in conformance with the standards in this chapter applicable in the reference base district unless an alternative standard or allowance is approved with the PDZ. If a PDZ has more than one reference district the boundaries of the different areas should generally follow the boundary guidance of 38.300.050.A. C. PDZ districts adopted pursuant to this division must be implemented through the creation of new zoning districts through zoning map amendments as described in division 38.260, Part 2 and shall be labeled on the base zone district layer of the city’s official zoning map as "PDZ." Individual PDZ are not added to or listed in 38.300.020. 38.430.040 Eligibility for Rezoning to PDZ District A. An application for rezoning to a PDZ district may only be accepted for review by the city if the review authority determines that the application complies with the following general criterion along with the PDZ type-specific criteria in Sec. 38.430.050, as determined by the director: 1. All property included in the proposed PDZ must be under common ownership or control or must be the subject of an application filed jointly by the property owners of all the property to be included. B. Compliance with the eligibility criteria allows the applicant to begin negotiations with the City regarding the specific uses, structures, layout, and design that will be used to satisfy the eligibility criteria. C. Compliance with the eligibility criteria does not indicate that the PDZ will be approved by the city. Approval by the city requires a city commission finding that the criteria for approval in section 38.430.090 are met. 555 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 31 of 56 38.430.050 Specific PDZ Eligibility Requirements The proposed PDZ district must, as determined by the review authority, comply with the eligibility criteria of at least one of the following five types of PDZ. A. Affordable Housing PDZ 1. Eligibility. An affordable housing PDZ application must predominantly include residential dwelling units and must propose: a. That all parcels on which single-household detached dwelling units will be constructed are permitted to construct an accessory dwelling unit either within the primary building or in a freestanding accessory building in compliance with the provisions of 38.360.040; and b. The following amounts and levels of affordable housing: (1) Between [Effective Date] and that date on which the city commission adopts an ordinance or resolution establishing a different required amount of affordable housing or a different required level of income-restriction or both, the PDZ must propose to provide: Table 38.430.050: Affordable Homes Required Minimum Percentage of Homes Maximum Percentage of AMI Duration Rental Dwellings For-Sale Dwellings (includes condominiums) Type of Housing Single-Household Detached Dwelling =>10% 80% of AMI 120% of AMI =>30 years Single-Household Attached Dwelling =>10% 80% of AMI 120% of AMI =>30 years Multi-Household Dwelling =>10% 80% of AMI 120% or AMI =>30 years (2) After the date on which the city commission adopts an ordinance or resolution establishing a different required amount of affordable housing or a different required level of income-restriction, the PDZ must provide: (a) The amounts of housing and the levels of income-restriction required by those ordinances or restrictions, for a period of at least 30 years; or (b) At least an equivalent level of affordable housing benefit to the city, to be determined during the PDZ review and approval process, for a period of at least 30 years. 2. Flexibility Allowed. Eligible affordable housing PDZs may request an adjustment or waiver of any non-procedural provision in this chapter if that adjustment or waiver will contribute to achieving the preservation or production of housing at a lower cost than 556 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 32 of 56 would otherwise be possible under the reference base district. The city may not adjust or waive any provision imposed by state or federal law or regulation. B. Historic Structure/Site PDZ 1. Eligibility. A historic structure/site PDZ application must propose: a. Inclusion of an existing structure or site that is currently designated or is documented as eligible for designation on a city or state list of historic structures; or on the National Register of Historic Places within a contiguous area included in the PDZ application, and must either: (1) In the case of an existing designated historic structure or site, the PDZ application must include a written commitment to preserve the structure or site in compliance with all applicable historic preservation standards for a period of at least 20 years; or (2) In the case of an undesignated historic structure or site, the PDZ application must include a written commitment to complete the designation of the structure or site as historic prior to development of any portion of the PDZ, and to preserve the designated structure or site in compliance with all applicable historic preservation standards for a period of at least 20 years. b. The PDZ application may include additional lands contiguous with the lot or parcel containing the historic structure. 2. Flexibility Allowed. Eligible PDZ applications for consideration as an historic structure/site PDZ may include a request to: a. Calculate any unused development potential from the lot or parcel containing the historic structure or site under the property’s current zoning, b. Apply any unused development potential on other portions of the same lot or parcel, or on contiguous lands included in the PDZ application, and c. To request adjustment or waiver of any non-procedural provision in this chapter if the adjustments or waivers will contribute to achieving the preservation the historic structure. The city may not adjust or waive any provision imposed by state or federal law or regulation. C. Sustainable/Resilient Design PDZ 1. Eligibility. A sustainable/resilient design PDZ application must propose project, site, or building design features demonstrated to achieve two or more of the following reductions in resource consumption or trip generation when compared to those levels anticipated for developments of a similar type under the reference base district: a. A reduction in water consumption of at least 25 percent; or b. A reduction in non-renewable energy use of at least 25 percent; or c. A reduction in average daily motor vehicle trip generation of at least 25 percent; or 557 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 33 of 56 d. A combination of reductions in water consumption, non-renewable energy use, or average daily motor vehicle trip generation providing at least an equivalent sustainable/resilient development benefit to the city. 2. Flexibility Allowed. Eligible application for a sustainable/resilient design PDZ may request an adjustment or waiver of any non-procedural city development standard in this chapter if that adjustment or waiver will contribute to reductions in water consumption, non-renewable energy consumption, or traffic generation when compared to development of a similar type under the reference base district standards. The city may not adjust or waive any provision imposed by state or federal law or regulation. D. Large Development PDZ 1. Eligibility. A Large development PDZ review must propose all of the following: a. The PDZ must contain at least 10 acres of contiguous land that is proposed for annexation and development pursuant to a master plan approved by the city or proposed for approval by the city along with the PDZ application; b. If the application includes dwelling units then the affordable housing requirements of Table 38.430.050 apply; and c. The PDZ must include public amenities or public infrastructure investments or both beyond what would otherwise be required under this code and the reference base district(s) which are proportionate or greater to the adjustments or waivers to requested development standards. 2. Flexibility Allowed. Eligible applications for a Large Development PDZ may request an adjustment or waiver of any non-procedural city development standard in this chapter if: a. That adjustment or waiver will contribute to achieving the preservation or production of housing at a lower cost than would otherwise be possible under the reference base district if the PDZ includes housing; b. The PDZ includes public amenities or public infrastructure investments or both beyond what would otherwise be required under this code and the reference base district(s) which are proportionate or greater to the adjustments or waivers to requested development standards; and c. The PDZ demonstrates implementation of five adopted community goals and objectives as documented in an adopted and in effect growth policy, facility plan, or similar document to a greater degree than is required under the minimum standards of the reference base district. The city may not adjust or waive any provision imposed by state or federal law or regulation. E. Combined Benefits PDZ 558 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 34 of 56 1. Eligibility. To be considered for a PDZ that provides a combination of a percentage of the affordable housing benefits identified in 38.430.050.A and benefits identified in Sections 38.430.040.B, C, or D or any combination thereof, the application must: a. Provide at least one-half of the amounts of affordable housing, at the levels of income-restriction, required by 38.430.050.A.1.b, for a period of at least 30 years; and b. Provide benefits listed as necessary to meet 38.430.090 in any one or a combination of: (1) 38.430.050.B.1 for consideration of a historic structure/site PDZ; (2) 38.430.050.C.1 for consideration of a sustainable/resilient design PDZ; or (3) 38.430.050.D.1.a and c above for consideration of a Large Development PDZ. 2. Flexibility Allowed. PDZ applications eligible for consideration as a combined benefits PDZ may request an adjustment or waiver of any city non-procedural provision in this chapter if that adjustment or waiver will contribute to achieving the types of flexibility listed in 38.430.050.A.2 or B.2 or C.2 or D.2. The city may not adjust or waive any provision imposed by state or federal law or regulation. F. Novel Public Benefits PDZ 1. Eligibility. A novel public benefits PDZ application must propose mutually supportive and integrated project, site, or building design features outside of the parameters of A-E that: a. As determined in the discretion of the review authority materially advances at least 6 objectives of the growth policy and at least two priorities each from two other adopted plans of the City which produce public benefits. b. The novel public benefits option is subject to a heightened level of scrutiny as the City has established options A-E as its preferred benefit options. 2. Flexibility Allowed. PDZ applications eligible for consideration as a novel public benefits PDZ may request an adjustment or waiver of any city non-procedural provision in this chapter if that adjustment or waiver will contribute to materially advancing the objectives and priorities identified in F.1.a when compared to development of a similar type under the reference base district standards and which produce public benefits. The city may not adjust or waive any provision imposed by state or federal law or regulation. G. The flexibility allowed for adjustment or waiver of standard applies uniformly to the PDZ unless specified otherwise in the approval. 38.430.060 Permitted uses in a planned development zone A. Proposed land uses in a PDZ must be consistent with the land use descriptions in the city’s adopted growth policy. 559 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 35 of 56 B. A PDZ application may include any land use listed in division 38.310 and must identify proposed uses by the same names used in that Section. C. Proposed uses must comply with all applicable use-specific standards for the use(s), as described in division 38.360, unless a waiver or adjustment to applicable standards is proposed and approved as part of the PDZ application review process. D. A PDZ must address allowance for telecommunications and utilities as part of proposed land uses. The proposed allowance may not have the effect of restricting service availability of telecommunications or utilities. 38.430.070 Phased Development A. PDZ applications may propose development to occur in phases. If phased development is proposed, the application must include a projected timetable for phased development and a general development plan that includes all of the land to be included in all phases of development. B. In connection with any phased PDZ development, the city may require the applicant execute a development agreement, improvements agreement, or other documentation acceptable to the city ensuring dedication of required parks, open space, or both, and construction of required infrastructure, amenities, or site features. C. The city may authorize phased construction of infrastructure or site amenities pursuant to 38.270.060.C. D. If the nature, design, or location of required parks, open space, infrastructure, amenities, or site features makes it necessary to construct them in a sequence other than in rough proportion to approvals for construction of residential or non-residential structures, the city may require the applicant to construct them in the order and extent necessary to protect the public and ensure practical function. 38.430.080 General Review Procedures for PDZ Applications A. Applicability. A request to develop land in any of the five types of PDZ zoning districts must be submitted and reviewed as a combined zoning map and text amendment under division 38.260. B. Procedure 1. General. a. A PDZ zoning application requires review and approval of a general development plan as described in this section concurrent with review of an application for a zoning map amendment, as described in division 38.260. b. A PDZ does not give authority for construction but a final development plan must be approved by the review authority prior to issuance of building permits or initiation of construction. Subdivision, site plan, or other review processes may also be required prior to initiation of construction. c. An application for a final development plan may be filed prior to final action on an application for a PDZ zone map amendment and a related general development plan provided that: 560 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 36 of 56 (1) No action by the review to approve, approve with conditions, or deny the final development plan is effective until the zone map amendment and related general development plan is approved or approved with conditions. (2) The review authority may waive specific requirements for information the applicant must include in a final development plan if the review authority determines that information has been included in the application for a general development plan. d. If applicant proposes a PDZ in conjunction with a subdivision, applicant may file an application for preliminary plat concurrently with the application for a general development plan. Applicant may be required to waive required subdivision review periods for subdivision review to enable coordination of review. The review authority may waive specific requirements for information the applicant must include in a final development plan if the review authority determines that information has been included in the preliminary plat application. e. The city will coordinate processing of the PDZ and subdivision applications to allow for consolidated consideration of both applications together if feasible. Review of the subdivision must follow 76-3-616, MCA as implemented in 38.240. Final development plan review and approval is still required, as described in this section, and compliance with phased development requirements in 38.430.070 is also required, if applicable. Table 38.430.080.B: PDZ Review and Decision-Making Authority Summary Table abbreviations R = Review, D = Decision-making authority, N/A = Requirement does not apply Director Community Development Board [1] City Commission PDZ Zoning Zoning Map Amendment and general development plan for all PDZ Property R R D Final development plan D Subdivision (if Required for PDZ) Preliminary Subdivision Plat [2] R R D Final Subdivision Plat [2] R D Notes [1] Pursuant to MCA Sections 76-1-107 and 76-2-307, the Community Development Board will act in its capacity as a Zoning Commission or Planning Board, as necessary. [2] An applicant may request that the city concurrently process applications for a general development plan and Preliminary Subdivision Plat. An applicant may request that the city concurrently process applications for a final development plan and Final Subdivision Plat. Such requests may be limited by 76-3-604(9) MCA. C. PDZ Zoning and General Development Plan Review 561 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 37 of 56 1. Applicant may submit the PDZ zoning and general development plan review application upon completion of concept or informal, 2. The PDZ application must include, at a minimum the materials required in 38.220.120: 3. If the project requires approval of a subdivision plat, the applicant may submit an application for a preliminary plat at the same time as a PDZ zoning application, and the two may be consolidated for joint consideration by the city commission. Section 76-3- 604(9) MCA restricts applicability of changing zoning standards and may limit the ability of the city to consolidate review. D. Concept/Informal Review. A concept review or informal application is required for all PDZs as specified in 38.230.090. If the PDZ is proposed in association with a subdivision, the city may review subdivision pre-application and concept review or informal application for PDZ zoning concurrently. If an application for PDZ zoning and general development plan are not filed with the city within one year after the concept review or informal review, the review authority may require another concept review or informal review meeting before the application is filed. E. Noticing and Public Hearings 1. After the community development department determines the PDZ zoning and general development plan applications contain all necessary information, the department will set review dates before the community development board and before the city commission. 2. If the application also includes a complete application for a preliminary plat, the department will set a date for review of the plat in accordance with 38.240. 3. Notice shall be provided in accordance with division 38.220. F. Review and Action 1. The community development department may refer a complete PDZ zoning application and associated general development plan application to other city or governmental departments, agencies, or districts whose jurisdiction involves some or all of the land included in the application, for their comments or recommendations. 2. After conducting its public meeting, the community development board must recommend to the city commission approval or denial of the PDZ zoning application; and recommend approval, approval with conditions, or denial of the associated general development plan application. If the applicant submitted an application for a preliminary plat, the community development board must recommend approval, approval with conditions, or denial of the preliminary plat. 3. After conducting its public hearing, the city commission may approve or deny the PDZ zoning application; and may approve, approve with conditions, or deny the associated general development plan application. The city commission may not approve a PDZ zoning application before a general development plan for all of the property included in the PDZ zoning application is approved or approved with conditions. 4. If the applicant submitted an application for a preliminary plat, the city commission may concurrently consider the PDZ zoning and subdivision applications and approve, 562 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 38 of 56 approve with conditions, or deny the preliminary plat concurrently pursuant to 38.240.150, if permitted by state law. 5. The review authority must indicate approval or denial of the final development plan pursuant to this section based on the PDZ zoning application and staff report, but the review authority’s decision shall not become final unless and until the city commission approves the PDZ zoning and approves the general development plan in a form that is consistent with the final development plan. G. Final Development Plan Review and Approval 1. After approval of a PDZ zoning application and approval or conditional approval of a general development plan, the review authority must approve a final development plan before applicant may initiate construction, or initiate any use based on the PDZ approval. A final development plan must be approved prior to approval of any site plan, final plat, building permit, or other final development review decision. 2. Each final development plan must be consistent with the terms of the approved PDZ zoning and general development plan and may not include adjustments or waivers to any reference base district standard inconsistent with the PDZ zoning or general development plan. 3. The review authority may approve one final development plan for the entire PDZ property or may approve multiple final development plans for different portions of the property if the city has approved phased development pursuant to 38.430.070. The city may not issue any building permit, and no individual or entity may initiate any infrastructure or other construction; or any use on any portion of the property for which the review authority has not approved a final development plan. 4. If the city commission has approved both a PDZ zoning application and a related application for a preliminary plat, the final plat must be filed with the Gallatin County Clerk and Recorder before the city may issue any building permit or before applicant may initiate any building construction or use based on the PDZ approval. 5. A final PDZ zoning approval is not an approval to begin building construction. It provides the general plan and pattern for the applicant to submit associated subdivision plats and site plans for approval. 38.430.090 Criteria for Approval The community development board may recommend approval of an application for PDZ zoning, and the city commission may approve an application for PDZ zoning, if it determines the PDZ application complies with the criteria in subsection A applicable to all PDZ applications and also complies with one or more of the criteria in subsection 2 applicable to specific types of PDZ applications. The applicant has the burden of proof that the proposed PDZ and general development plan meet the criteria for approval. A. Criteria Applicable to All PDZ Applications 1. Complies with applicable Montana state law criteria for approval of a zoning map and text amendment, 76-2-304; 2. Complies with general eligibility criteria in 38.430.040; 563 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 39 of 56 3. Complies with the specific eligibility criteria for the type of PDZ requested, as listed in 38.430.050, as applicable; 4. Is in accordance with the growth policy currently in effect, including the future land use map; and 5. Identifies one or more of the base zoning districts listed in article 3 of this chapter, as the reference base district for each portion of the PDZ; and 6. Mitigates known adverse impacts on surrounding properties to the extent practicable consistent with 38.100.050 and 38.100.070. B. Criteria Applicable to Specific Types of PDZ Applications 1. Affordable Housing PDZ. The applicant has submitted a general development plan or other documentation acceptable to the city ensuring the development provides the amounts of affordable housing required by this section. If the PDZ proposes to provide an equivalent affordable housing benefit for a period of at least 30 years, the city may consider the size, type, or location of the dwelling units, site or sustainable design features to be included in the development that would reduce operating or maintenance of the dwelling units, the proposed initial sale prices or rental rates of dwelling units, or other factors. 2. Historic Structure/Site PDZ a. The general development plan or other documentation acceptable to the review authority includes an adaptive reuse plan for the listed historic structure(s) included in the PDZ; and b. The general development plan or other documentation acceptable to the review authority ensures that the design of any new structures to be constructed on portions of the PDZ property that do not contain the historic structure will meet the criteria of the latest edition of the Secretary of the Interior standards for Related New Construction. 3. Sustainable/Resilient Design PDZ. The general development plan or other documentation acceptable to the review authority ensures that the level of combined water consumption, non-renewable energy consumption, average daily motor vehicle trip generation, or a combination thereof from all structures and uses included in the PDZ shall be at least 25 percent lower than levels commonly experienced by development meeting current established standards in each of the reference base districts listed in the PDZ. 4. Large Development PDZ a. If the PDZ includes housing, the applicant must submit a general development plan or other documentation acceptable to the review authority ensuring the development provides the amounts of affordable housing required by this section. If the PDZ proposes to provide an equivalent affordable housing benefit for a period of at least 30 years, the review authority may consider the size, type, or location of the dwelling units, site or sustainable design features to be included in the development that would reduce operating or maintenance of the dwelling 564 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 40 of 56 units, the proposed initial sale prices or rental rates of dwelling units, or other factors; and b. The general development plan or other documentation acceptable to the review authority ensures the PDZ will include physical investments public amenities or public infrastructure investments or both beyond what would otherwise be required under this chapter open to the public that significantly exceed those that would otherwise be required under this chapter for property located in the reference base district listed in the PDZ and that are proportionate to or greater than the adjustments or waivers to requested development standards. c. The applicant has submitted documentation acceptable to the review authority sufficient to identify the five chosen plan objectives, identify specific actions to be taken to materially advance the objectives, and provides an implementation plan for actions to be carried out within 5 years and suitable to complete implementation actions. If the implementation plan is phased to coordinate with subdivision or other development, then implementation of each objective within each phase must be able to be completed within 5 years of beginning of construction within each phase. d. The city may, in its sole discretion, require security for performance or completion of actions as part of the general plan using the methods and procedures of division 38.270 in conjunction with subdivision or site development. e. The implementation plan must include for each action proposed: 1) A timeline addressing any phasing and completing action within five years; 2) A description of any additional review procedures required before execution can begin; 3) The responsible party to complete additional review procedures and 4) Intended funding source if applicable. 5. Combined Benefit PDZs a. The applicant has submitted a development agreement or other documentation acceptable to the review authority ensuring the development provides at least one- half of the amounts of affordable housing required by this division. If the PDZ proposes to provide an equivalent affordable housing benefit for a period of at least 30 years, the city may consider the size, type, or location of the dwelling units, site or sustainable design features to be included in the development that would reduce operating or maintenance of the dwelling units, the proposed initial sale prices or rental rates of dwelling units, or other factors; and 565 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 41 of 56 b. The benefits to the city through the proposed combination of historic preservation, sustainable/resilient development, novel public benefit, and large development exceed the affordable housing benefits that the city would have received if the PDZ had included the full amounts of affordable housing required by this division. 6. Novel Public Benefit PDZs a. The applicant has submitted documentation acceptable to the review authority sufficient to identify the chosen plan objectives, identify specific actions to be taken to materially advance the objectives, and provides an implementation plan for actions to be carried out within 5 years and suitable to complete implementation actions. If the implementation plan is phased to coordinate with subdivision or other development, then implementation of each objective within each phase must be able to be completed within 5 years of beginning of construction within each phase. b. The city may, in its sole discretion, require security for performance or completion of actions as part of the general plan using the methods and procedures of division 38.270 in conjunction with subdivision or site development. c. The implementation plan must include for each action proposed: 1) A timeline addressing any phasing and completing action within five years; 2) A description of any additional review procedures required before execution can begin; 3) The responsible party to complete additional review procedures; and 4) Intended funding source, if applicable. 38.430.100 Duration of PDZ Approval A. Zoning Map Amendment. 1. Initial approval. After preliminary approval of a PDZ the ordinance implementing the PDZ district is required. Final adoption of the implementing ordinance does not occur until after a final development plan meeting all conditions of approval has been reviewed and is ready for approval. 2. An approved PDZ zoning does not expire after final adoption of the implementing ordinance, but rezoning of the PDZ may be initiated by the city pursuant to division 38.260 if: a. The city has not received an application for a building permit before the expiration of an approved final development plan pursuant to this section; or 566 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 42 of 56 b. The applicant does not proceed with development pursuant to one or more approved final development plans according to provisions for phased development approved by the city. B. General Development Plan Duration 1. An approved general development plan is valid for a period of one year unless the approved general development plan provides for a longer time or for phased development, or the city commission approves an extension of such time. A final development plan for at least part of the PDZ property must be approved not later than within one year after the approval of a general development plan. The applicant may submit a written request for one extension of up to one additional year to submit the final development plan, and the director may approve such requests for good cause shown. 2. If a general development plan expires, the right to proceed with the development pursuant to the approved general development plan is terminated, and the provisions of the reference base district(s) applicable to each portion of the land included in the general development plan shall apply, unless and until the city commission approves a new general development plan pursuant to this section. C. Final Development Plan Duration 1. A final development plan is valid for a period of at least one year one year and not more than 3 years unless the city approves a building permit and applicant begins construction of at least one primary structure within one year of the approval of a final development plan. This may require completion of work and recording of a final plat prior to issuance of a building permit. 2. The applicant may submit to the director a written request for extension of time of up to 2 years to obtain the required building permit, and the director may approve such requests pursuant to section 38.230.140.F. 3. If a final development plan expires, the applicant must apply for and obtain approval of a new final development plan pursuant to this section. 38.430.110 Amendments to Approved Planned Development Zones and General Development Plans A. Amendments to Approved General Development Plan. After approval of a general development plan, the applicant may request and the director may approve, minor amendments to the general development plan, as described below. 1. Minor Amendments. The review authority may approve the following minor amendments to an approved general development plan if the review authority determines that they do not change the character of the neighborhood and do not contain any changes that would increase the amount of deviation/relaxation of the requirements of the reference base zoning districts beyond those in the approved general development plan. Minor amendments must be consistent with the initial approval and may include but are not limited to: 567 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 43 of 56 a. A change in the location of any internal street that does not affect points of access to or from the PDZ property; b. A change in the location of any internal park, open space, or storm drainage detention/retention facility that is not located along the periphery of the PDZ property; and c. A change of location or orientation of any primary building on a lot or parcel; d. An increase of less than five percent in the amount of permitted residential or non- residential lot coverage; e. A change of less than five percent in the minimum or maximum number of parking spaces required or permitted; f. A change of less than five percent in the maximum permitted height of any building; and g. A change in any numerical building design standard by up to five percent. h. An increase or decrease of less than five percent in the number of dwelling units in an approved PDZ, provided that the revised number of dwelling units still include the amounts and levels of affordable housing required by this division. i. Revisions to phasing sequence or boundaries that do not conflict with conditions of approval or conflict with standards. 2. Major Amendments a. A major amendment is any change to an approved general development plan not listed as a minor amendment in this section. b. A major amendment to an approved general development plan requires approval through the same process used to approve the original PDZ zoning and general development plan. c. Any major amendment that proposes to increase the number of dwelling units in an approved PDZ, or to add residential dwelling units to an approved PDZ, shall include the proportionate amounts of affordable housing required by this division. B. Amendments to Approved Final Development Plan 1. After approval of a final development plan, the applicant may request, and the review authority may approve, amendments to the final development plan if the review authority determines the proposed amendments are consistent with the approved general development plan and the provisions of this chapter. Amendments are subject to the minor and major amendment limits in paragraph A of this section. 2. The review authority may authorize the applicant to submit only those portions of final development plan application materials necessary to document the proposed change, rather than submitting a new final development plan application. 3. If the review authority determines the revised final development plan requires a minor amendment to a general development plan, the review authority may approve both at the same time. 568 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 44 of 56 38.430.120 Removal of Property from a Planned Development Zone A. A property owner may apply for a zoning map amendment to remove a parcel from an approved PDZ and any related general development plan or final development plan. B. The application for a zoning map amendment must indicate the zoning district to be applied to the removed properties, which may be different from the reference base district identified for such property in the approved PDZ. C. The city shall consider any such application pursuant to division 38.260 and may require the applicant provide assurances that any unfulfilled obligations related to construction or maintenance of infrastructure or amenities, provision of open spaces, preservation of access, or other matters addressed in the PDZ, general development plan, or final development plan will be satisfied without imposing additional costs or burdens on properties that are to remain included in the PDZ or on any organization or entity responsible for providing or maintaining improvements or services to the remaining PDZ properties. 38.430.130 Administrative Procedures Authorized The city manager may adopt, and from time to time amend, administrative procedures to implement this section. The administrative procedures may at a minimum include the following items: A. Standards to evaluate equivalent levels of housing affordability; B. Standards related to required levels of maintenance of historic structure; C. Standards to measure reductions in water consumption, reductions in non-renewable energy use, and reductions in average daily motor vehicle trip generation; D Standards to measure or evaluate equivalence of benefits to the city; and E. Procedures for application requirements, processing, and review of a PDZ. Section 21 That 38.440, Legacy planned unit developments, of the Bozeman Municipal Code be created as follows: DIVISION 38.440. LEGACY PLANNED UNIT DEVELOPMENTS Sec. 38.440.010. Intent. A. This division is created to provide for the continued regulation of legacy planned unit development (PUD) approved or deemed adequate prior to [effective date]. Prior to [effective date] a PUD was a use approved within an existing zoning district and did not modify the zoning map. This division cannot be applied to property not already within a legacy PUD. 38.440.020. Final plan review and approval. 569 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 45 of 56 A. The final PUD plan must be in compliance with the approved preliminary plan and/or development guidelines except as provided for in subsection A.2 of this section, and must be reviewed by DRC and ADR staff and approved by the review authority. 1. Application process. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. 2. Review criteria; compliance with preliminary plan. For approval to be granted, the final plan must comply with the approved preliminary plan. This means that all conditions imposed by the city commission as part of its approval of the preliminary plan have been met and: (a) The final plan does not change the general use or character of the development; (b) The final plan does not increase the amount of improved gross leasable non- residential floor space by more than five percent, does not increase the number of residential dwelling units by more than five percent and does not exceed the amount of any density bonus approved with the preliminary plan; (c) The final plan does not decrease the open space and/or affordable housing provided; (d) The final plan does not contain changes that do not conform to the requirements of this chapter, excluding properly granted deviations, the applicable objectives and criteria of section 38.430.100, or other objectives or criteria of this chapter. The final plan must not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and (e) The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. B. Final plan approval. The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval, the review authority may request a recommendation from the DRB, DRC, ADR staff, or other entity regarding any part of a proposed final plan. If a final plat is part of the final plan submittal, the review authority per section 38.200.010 is responsible for approval of the final plat. 1. Final plats associated with a PUD must comply with the requirements of sections 38.240.150 and 38.220.070. 38.440.030 Amendments to final plan. A. Issuance of building permits and other development approvals are based on the approved final plan and any conditions of approval. No city administrative personnel are permitted to 570 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 46 of 56 issue permits for improvements which are not indicated on the approved final plan with the exception of the following: 1. Minor changes to a planned unit development may be approved administratively and in writing, whereupon a permit may be issued. Such changes may be authorized without additional public notice at the discretion of the review authority. This provision does not prohibit the review authority from requesting a recommendation from the DRB, DRC, ADR staff or other entity. 2. Minor changes are defined as follows: (a) Those developments that do not change the character of the development; (b) An increase of less than five percent in the approved number of residential dwelling units; (c) An increase of less than five percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings; (d) A change in building location or placement less than 20 percent of the building width without compromising requirements of the UDO; (e) An increase in the number of lots less than two percent without increasing the density by more than five percent. This is applicable only to zoning PUD plans, not subdivision PUD plats; (f) A final plan which does not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and/or (g) A final plat, if applicable, which does not create any additional lots which were not reviewed as part of the preliminary plan submittal. B. Changes greater than minor changes must be processed as a PDZ subject to 38.430. Sec. 38.440.040. Duration of planned unit development approval. A. Duration of preliminary plan approval. The provisions of this subsection A do not apply to subdivision elements of a PUD. 1. Within a maximum of one year following the approval of a preliminary plan, the applicant must file with the community development department a final plan in detailed form covering the entirety, or one or more phases, of the development. 2. Upon application and in accordance with the standards of section 38.230.140.F, the community development director may administratively extend the period for filing a final plan for six-month periods. The granting of administrative extensions under this section may, at the discretion of the community development director, be referred to the city commission. 3. If no final plan is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan will expire for any portion of the preliminary plan for which a final plan has not been timely filed. 571 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 47 of 56 B. Duration of final plan approval. 1. The applicant must undertake and complete the development of an approved final plan within two years from the time of final plan approval. For the purposes of this section, a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, streetlights, fire hydrants and storm drainage) are installed and completed in accordance with city rules and regulations. Extensions for periods of not more than one year may be administratively granted by the community development director in accordance with the standards of section 38.230.140.F. The granting of administrative extensions under this section may, at the discretion of the community development director, be referred to the city commission. 2. A request for extension of final approval under this section must be submitted to the community development director in writing by the applicant at least 30 days prior to the date of expiration. Failure to submit a written request within the specified time period will cause forfeiture of the right to extension of final approval. Failure to construct the development and implement improvement requirements within the specified time limit will cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and re-approval of the same through the preliminary plan procedures. 3. The timing of all extensions of final plan approval must be coordinated with the approval period established for any subdivision plat approval that is part of the PUD so that any expiration dates are consistent. 4. Final plan approval may occur multiple times under the provisions for phased PUDs described in section 38.430.070. Sec. 38.440.050. Enforcement of approval requirements and conditions. The failure to comply with any of the terms, conditions of approval or limitations contained on the site plan, landscape plan, building elevations, other approved documents, or other element pertaining to a planned unit development which has received final approval from the city may subject the applicant or current landowner to the enforcement remedies contained in section 38.200.160. 38.440.060 Removal of property from an approved legacy planned unit development A. A property owner may request removal of one or more parcels from a legacy PUD. B. Such a request for removal must be in writing to the director of community development, must clearly identify the PUD by the city's assigned application number under which the PUD was approved, and must clearly state that the landowner is abandoning all associated rights and privileges due to the PUD. The property owner is not relieved from participating in ongoing maintenance of any facilities from which they benefit. The director of community development may establish standards for the content, form, and supporting materials to be included in a request to abandon an approval. C. The city will review any such application pursuant to division 38.230.150 and may require the applicant to provide assurances that any unfulfilled obligations related to construction or 572 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 48 of 56 maintenance of infrastructure or amenities, provision of open spaces, preservation of access, or other matters addressed in the PUD, will be satisfied without imposing additional costs or burdens on properties that are to remain included in the PUD or on any organization or entity responsible for providing or maintaining improvements or services to the properties remaining in the PUD. D. City must determine the abandonment of the PUD does not negatively impact public benefit created by the PUD. E. Removal from a PUD does not rescind other final approvals such as subdivisions or site plans. Section 22 That Paragraph M of 38.550.050, Planned unit development open spaces, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: M. Legacy Pplanned unit development open spaces. Legacy Pplanned unit development non- site-specific open space plans must meet or exceed the standards of these landscaping regulations. For each 5,000 square feet of total landscape open space area between 5,000 and 25,000 square feet and for each 10,000 square feet of total landscape areas in excess of 25,000 square feet a landscape plan must include three of the elements in table 38.550.050-1 from each column A and B unless the review authority grants a relaxation. When the preceding calculation results in a fraction the amount of landscaping required is rounded up to the next whole number. Table 38.550.050-1 EXPAND Column A Column B 1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs 1 large non-canopy tree 2 small ornamental trees 2 small ornamental trees 2 large evergreen trees 6 evergreen shrubs 6 deciduous shrubs 573 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 49 of 56 Section 23 That Paragraph B of 38.560.060, Signs permitted upon the issuance of a sign permit, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: B. Residential zones (R-S, R-1, R-2, R-3, R-4, R-5, RMH, R-O, REMU). The following on- premises signs may be permitted in the indicated zones with an approved sign permit: 1. Subdivision and residential complex signs. For residential subdivisions consisting of more than four residential lots and for residential complexes with more than four dwellings and more than one building, one low profile, freestanding, sign per development entrance may be permitted. No sign may exceed 16 square feet in area or five feet in height from the finished grade. The sign must be set back at least five feet from the property line. 2. Residential building signs. For properties used for multi-household residential, one wall sign per street frontage may be permitted. No sign may exceed eight square feet in area. 3. Signs appurtenant to residential principal, special and conditional uses, and home occupations. a. Signs not to exceed four square feet in total area may be permitted for principal residential uses and permitted home occupations; however, such signs may not be located in any required setback area. In addition, home occupations may be permitted a single one-square foot sign on a mailbox or lamppost or one and one- half square feet of freestanding signage located a minimum of five feet from the property line. b. Principal residential uses may be permitted non-commercial signs if such signs do not exceed 32 square feet in total area nor five feet in height. Such signs must be set back at least five feet from the property line. c. Permitted non-residential type uses, such as churches, community centers, veterinary uses, golf courses, day care centers and schools may be permitted signage as if the underlying zoning were B-1. d. Permitted conditional and special residential type uses such as homes used as bed and breakfasts and fraternity and sorority houses may be permitted signage as if the underlying zoning were R-O. Such signs may be illuminated only during the hours of operation. 4. Legacy Pplanned unit developments. Commercial establishments within planned unit developments where the underlying zoning is residential may be permitted signage as if the lot were in a B-1 zone. Section 24 574 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 50 of 56 That 38.700.050, D definitions, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: Deviation. A modification of physical standards of this chapter as applied to a specific piece of property located within the neighborhood conservation overlay district or anywhere within the city through a planned unit development. Section 25 That 38.700.080, G definitions, of the Bozeman Municipal Code be amended to include a new definition as follows with all other elements of the section to remain as presently written: General Development Plan. A scale drawing(s) or other documents showing the general location of structures, uses, rights of way, parks, natural features, and utilities, existing and proposed, on subject property or any other information as may be required by this chapter in association with a zone map amendment to establish a general pattern and plan of development for the area within a planned development zone. Section 26 That 38.700.150, P definitions, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: Planned unit development (PUD). A land development project consisting of residential clusters, industrial parks, shopping centers, or office building parks or any combination thereof that compose a planned mixture of land uses built in a prearranged relationship to each other. and having open space and community facilities in a common ownership or use, and/or public parkland. Section 27 That 38.310.060, Supplemental use provisions for the residential emphasis mixed -use zoning district, of the Bozeman Municipal Code be amended as follows: Sec. 38.310.060. Supplemental use provisions for the residential emphasis mixed-use zoning district. A. Uses required and limited. 1. REMU districts are intended to be developed with a mix of uses that encourage a range of building types, scales, densities, and site configurations. 575 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 51 of 56 2. Developments are encouraged to include non-residential uses, especially commercial and neighborhood support services, mixed horizontally and/or vertically, to promote compact, walkable and sustainable neighborhoods. 3. Non-residential uses must not exceed 30 percent of the total gross building square footage of all uses within the master planned area unless otherwise allowed in this section, through a master site plan or planned unit development (PUD) review. 4. For the purposes of calculating the percentage of a use within the master planned area, the gross square foot floor area of building for each use must be utilized. 5. The specific method of tracking will be determined during the master site plan, PUD, or site plan review. 6. Home-based businesses are not considered non-residential uses and must not be limited by the provisions of the section. 7. Non-residential uses intended for public benefit and shared public amenities must not be limited by the provisions of this section. These uses include, but are not limited to, schools, parks, community centers, city operated services and structured parking facilities. B. Development review applications. 1. To accomplish the intent of the district, the REMU district is anticipated to be located on sites five acres or larger. Development review applications for sites in the REMU district greater than, or equal to, five acres will first be subject to review as a master site plan per article 2 of this chapter; or as a PUD per division 38.430 of this chapter, as determined by the applicant. 2. Project applications for subsequent project phases in compliance with an approved master site plan or PUD may be reviewed as a site plan review or sketch plan review in accordance with division 38.230 of this chapter. 3. All development review applications for property in the REMU district smaller than five acres are subject to the standards in this article and may be subject to review as a master site plan per division 38.230 of this chapter upon a finding by the city that: a. The development application is for a site considered a major infill site, having a significant impact on an existing neighborhood; or may create a center within an existing neighborhood; b. The proposed development is located at an intersection deemed to have special significance; c. The proposed development may have a significant impact on existing transportation and open space network, pedestrian and bicycle travel; and/or d. The proposed development requires a multi-year approval and multiple phases for completion. Section 28 576 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 52 of 56 That 38.330.020, REMU district—Special standards, of the Bozeman Municipal Code be amended as follows: Sec. 38.330.020. REMU district—Special standards. A. The special standards set forth in this section are minimum standards for a development review application. Standards not specifically addressed by this section are subject to the standards set forth in this chapter. B. Street and circulation standards. 1. The policies and standards of the city's long-range transportation plan apply to REMU districts. New streets within REMU districts must be complete streets that accommodate pedestrians, bicycles, buses, automobiles and wintertime snow storage, and work in concert with internal property accesses and adjacent development to create a connected and vibrant public realm. REMU street standards also include the following stipulations: a. Natural storm drainage systems are allowed within street rights-of-way. b. Boulevard strips and medians may incorporate natural drainage technologies. c. Buildings must be oriented with front facades facing the street as specified in the block frontage standards of division 38.510 of this chapter. d. Shared drive accesses must be used to reduce the need for additional curb cuts, when feasible. e. On-street parking should be maximized wherever feasible. 2. Front-loaded local streets. To ensure that front-loaded streets are community-oriented and pedestrian-friendly, adjacent buildings, garages and drive aisles must comply with the following specific standards of this chapter. a. Section 38.350.070, parking and garages (for single to four-household dwellings). b. Section 38.400.090.C.2.a, drive access requirements—Residential. c. Division 38.510, block frontage standards (for all development except single to four-household dwellings) d. Section 38.540.010.A.4, stacking of off-street parking spaces. e. Section 38.540.010.A.5, no parking permitted in required front or side setbacks. f. Section 38.540.010.A.6, parking permitted in rear setbacks. 3. Woonerfs. Woonerfs, or streets where pedestrians and cyclists have priority over motorists, are encouraged on private drive accesses or properties in the REMU district. Woonerfs may be permitted on public local streets or alleys through the subdivision variance or PUD process. 4. Alleys. Alleys are encouraged, but not required, in the REMU district. 577 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 53 of 56 a. Apply standards of section 38.400.060.B (street improvement standards—alleys) where applicable. C. Site planning and design element standards. See division 38.520 for applicable standards for all development types, except single to four-household dwellings. See section 38.360.220 for applicable standards for single to four-household dwellings. D. Open space standards. The REMU district is urban in nature. Public parks and recreational areas and publicly accessible private open spaces are likewise expected to be urban in nature. This may include elements such as plazas or other hardscaping, or landscaping with planters and furniture. Such areas may be more concentrated in size and development than anticipated in a less urban setting. Public spaces must be designed to facilitate distinct types of activities to encourage consistent human presence and activity. 1. Public parks and recreational areas. The requirements of this section must give direction in the development of park plans and the application of the standards of division 38.420 of this chapter. 2. Publicly accessible private open space in commercial developments. See section 38.520.060 of this chapter for the minimum amount and design of pedestrian-oriented open space. 3. Private residential open space. See section 38.520.060 of this chapter for the minimum amount and design of usable residential open space. E. Building standards. 1. See division 38.520 for applicable standards for all development types, except single to four-household dwellings. 2. Parking structures must not have more than one two-way vehicle entrance or two one- way vehicle entrances facing any public way. Fifty percent of a parking structure's ground floor linear frontage along the primary street must be retail, commercial, office, civic, residential, or live/work. 3. Building encroachments are permitted in accordance with section 38.350.050, subject to any and all applicable International Building Codes. 4. All projects in the REMU district are exempt from the rear setback lot coverage requirements of section 38.360.030.I. F. Landscape and planting standards. Developments are subject to the landscaping standards in division 38.550 of this chapter and the provisions herein. Table 38.330.020-1 lists the minimum number of points needed for landscape plan approval for development types within REMU districts. Table 38.330.020-1 Special Landscape and Planting Standards Development type Lot with residential adjacency Lot without residential adjacency 578 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 54 of 56 Residential: Small-lot single-household N/A per section 38.550.020.B N/A per section 38.550.020.B Residential: Single-household N/A per section 38.550.020.B N/A per section 38.550.020.B Residential: Townhouse 2 to 4 attached units N/A per section 38.550.020.B N/A per section 38.550.020.B Residential: Townhouse or townhouse cluster 5 or more attached units 23 23 Residential: Two to four household dwellings N/A per section 38.550.020.B N/A per section 38.550.020.B Residential: Apartments 5 or more units 23 23 Mixed use with residential 15 15 Non-residential projects 23 15 PUD 23 23 G. Lighting standards. See division 38.580 for applicable standards. Section 29 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 30 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 31 579 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 55 of 56 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 32 Codification. This Ordinance shall be codified as appropriate in Section 2 – 28. Section 33 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 23rd day of August, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 580 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 56 of 56 ____________________________________ 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 581 Memorandum REPORT TO:City Commission FROM:Danielle Garber, Associate Planner Anna Bentley, Community Development Interim Director SUBJECT:Ordinance 2103, Provisional Adoption of the Rainbow Creek Zone Map Amendment, Giving an Initial Designation of R-4, Residential High Density District, On Approximately 2.29 Acres Near Baxter Lane and Harper Puckett Road, in Association with Annexation Application 18240 MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Provisional Adoption of Ordinance 2103 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 of Bozeman received a petition for annexation and initial zoning from Rainbow Creek Rental Properties, LLC requesting the City Commission annex the 2.29 acres and additional right of way currently addressed as 4555 Baxter Lane, Bozeman, MT and apply a zoning classification of R-4, Residential High Density. The City Commission held a public hearing on November 26, 2019 and voted to annex the subject property, subject to terms of annexation and zoning contingencies. On February 28, 2019 the City received an annexation agreement which incorporated the recommended terms of annexation which was signed by the current land owner following the public hearing. Following approval, a complaint and petition was filed with the Montana Eighteenth Judicial District Court on December 21, 2018, appealing the City Commission decision to adopt the initial zoning for said tracts which delayed the City processing the executed annexation agreement and terms of annexation. On November 30, 2021 District Judge Hon. Rienne H. McElyea granted summary judgment in favor of the City of Bozeman and dismissed the complaint. Following the judgment all contingencies of zoning approval were completed by the applicant. The original application materials are available in the City's Laserfiche archive. Additionally, attached to this document is Ordinance 2103, a copy of the summary judgement issued by the Montana Eighteenth Judicial District Court, and the initial zoning map. 582 UNRESOLVED ISSUES:None ALTERNATIVES:As identified by the City Commission FISCAL EFFECTS:None Attachments: Ordinance 2103 Rainbow Creek ANNX Zoning.pdf Rainbow Creek Annexation and Zoning Map.pdf Order Re Motion For Summary Judgement.pdf Report compiled on: August 25, 2022 583 Ord 2103 Page 1 of 6 ORDINANCE 2103 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO ESTABLSIH INITIAL MUNICIPAL ZONING OF R-4, RESIDENTIAL HIGH DENSITY DISTRICT, RAINBOW CREEK ZONE MAP AMENDMENT, APPLICATION 18240 WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 18240, the Rainbow Creek Annexation Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on November 26, 2018, to receive and review all written and oral testimony on the request for the zone map amendment; and 584 Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment Page 2 of 6 WHEREAS, the City Commission received protest letters exceeding the protest threshold by owners of 25% or more of the area of the lots within 150 feet from the subject parcel pursuant to 76-2-305 MCA which required a favorable vote of two-thirds of the present and voting members of the City Commission; 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 by a two-thirds majority favorable vote; and WHEREAS, a complaint and petition was filed with the Montana Eighteenth Judicial District Court on December 21, 2018, appealing the City Commission decision to adopt the initial zoning for said tracts which delayed the City processing the executed annexation agreement and terms of annexation; and WHEREAS, on November 30, 2021 District Judge Hon. Rienne H. McElyea granted summary judgment in favor of the City of Bozeman and dismissed the complaint. WHEREAS, following the judgment contingencies for zoning approval were completed by the applicant. 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. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 2. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2009, found that the required criteria are satisfied; 3. A new growth policy was adopted in November, 2020 and the R-4 zoning also complies 585 Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment Page 3 of 6 with the new future land use map; 4. 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; 5. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested R-4 district. 6. 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. 7. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 8. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of application No. 18240 Rainbow Creek Annexation Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby established as R-4, Residential High Density District: The property is described as: 586 Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment Page 4 of 6 A tract of land in the Southwest ¼ of Section 34, T1S, R5E, MPM, in Gallatin County, Montana, and being more particularly described as follows: Beginning at a point on the south line of said section, which said point bears East a distance of 248.6 feet from the southwest corner of said section; thence N 01°25.9’W along the line of a metal post fence a distance 246.8 feet to a point marked by a metal fence corner post; Thence N 89°53.6’ E a distance of 392.8 feet to a point marked by a steel rod; Thence S 6°44.7’E along the foot of the west bank of a ditch a distance of 249.2 feet to a point marked by a steel rod in the south line of said section; Thence West along said south line a distance of 415.9 feet to the point of beginning, according to a plat recorded in Book of Deeds, Pages 206 and 207. This tract contains 2.29 acres, more or less. 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. 587 Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment Page 5 of 6 This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 13th day of September, 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: _______________________________ 588 Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment Page 6 of 6 MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 589 \vEXHIBIT ARAINBOW CREEK ANNEXATIONAND R4 ZONE MAP AMENDMENTto BOZEMAN, MONTANAA TRACT OF LAND SITUATED IN THESW 1/4 OF OF SECTION 34 T1S, R5E P.M.M.GALLATIN COUNTY, MT/' /\ /' /DANUBE LANESCAI-E1 inch • -<0r0LOT 5 BI.K 15BAXTER MEADOWSSUBDIVISIONFHASE 3AZONING; Rl///OPEN SPACE A/LOT 6 BLK ISBAXTER MEADOWSSUBDIVISIONPKASE3AZONING', Rl50-±LOT 7 BLK 15BAXTER MEADOWSSUBDIVISIONPHASE 3AZONING: RI30' WIOE SEWER SEKVICE» UTILIPf EASEMENTLOT 8 B[.K ISBAXTER MEADOWSSUBDIVISIONPHASK3AZONING; RlOPEN SPACEPROPERTYLINEPRClPERTT "-LINETRACT 5COS 2202ZONING; AS-COUNTYtsj^couANNEXATION &R4 ZONE MAPAMENDMENT-&.N B9'53'36" EIRRIGATION EASEMENTDOC f21231126.592.8"LEGAL DESCRIPTION;vr- - -.- JLOT <) Bl.K 15BAXTER MEAIXIWSBTJBDIVISIONPHASE 3AZONING: Rl\^\\\\\0^";s.A .TRACT OF LAND LOCAIED.IN THE.SW1/4 Of SECJION 34, TOWNSHIP. .1 SOUTH. RANGE 5EAST, P.M.U., GALLATIN COUMTY. UOHTWf.. DESCRIBED. IN. A DEEBRECORDED'INOOCUME.NT 'NUMBER 2416674, GALl-A'nN COUHTY CLERK AND RECORDERS OFFICE, ANDBEING MORE FULLY-BOUNDEB AND'DESCRIBED AS FOLLOWS:COMUENONG AT SOUTHWEST CORNCR OF SAID SECTION .54;. THEHCf: EAST 248.6 FEETALONG THE SOUTH LINE OF THE SW1/4 OF SAID SECTION 34 TO THE SOUTHEAST CORNEROF TRACT 5, C.O.S. 2202; SAID CORNER ,BEING THE POfNT OF B£CIKNlNG; .n-iENCE: ALONGTHE EAST UNE OF S<10 TTi/ICT 5 NORTH 0)'25'54" WEST..A DISrUCEOF 246.B FEET TO •A POINT ON THE SOUTH LINE OF OPEN SPACE PUBLIC ACCESS E Of THE PLAT OFBAXTER MEADOWS SUBDIUSION. PHASE .3*; IHENCt ALONG SAID PLAT. WE TMO WFOl.tOWNG COURSES. DNORm 89-53'36" EAST. A MSTANCE OF .332.-BO FEET; 2) SOUTH06'4+'-<2" EAST. A DiSTANCE Qf 249.20 FEET TQ A'POfNT ON IT-lE SOUTH UNE: OP THESWIA'Of" SAfO SECTION 34: TH^CE ALOf'iC SAIO SOUTH ,UHE NORTH SO'OO'OO" WEST. A415.90 FEET TO THE POINT OF BEGINNING.'. S«10 TRACT CONTAININC IN AREA2.29 ACRES, ALONG WTH AND SUBJECT TO ANY EXISTING EASEMENTS..(REFERENCE SURVEY.FILED IN BOOK l-18, PAGE 207).1.0T 9 BLK 10BAXTER MEADOWSSUBDIVISIONPHASE 3A\/A./ZONING: R]/J^ofL^t20' PUBLIC STREETAND UTIUTY EASEMENTN go'oo'oo" w50'.. COUHPi' ROADWAYEASEMENTSO't0^§in^0OT.i^110 •'4^N.m~T50'/7/////LOT9BLKIIBAXTER MEADOWSSUBDIVISIONPHASE 3AZONING: Rl//L^ ——____OPEN SPACEPUBLIC STREETEASEMENT PER DOCijf2103143PROPERTYLINE415.9'BAXTER LANE50' ROADWAY EASEMENTPER COS 25548COB 2554BZONING: PLIisl•Ii|ilJRAINBOW CREEK ANNEXATIONAND ZONE MAP AMENDMENTBOZEMAN.MTEXHIBITAOME. 2/28/19PROJCCTf •8-106590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Resolution 5441, Heritage Christian School Annexation to Annex Approximately 13.58 Acres at 4310 Durston Road, Application 22170 MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5441. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City Commission conducted a public hearing on August 16th and approved annexation of the property on a vote of 4-1. The packet materials for the item including the staff report providing analysis and findings are available at through the online packet for agenda item I.5. The video recording is available through the City's website. A resolution must now be adopted to complete the annexation process. The applicant has completed the required annexation agreement which is attached to this cover memo. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission. FISCAL EFFECTS:None Attachments: Resolution 5441 HCS Annexation.pdf HCS Signed AA.pdf Report compiled on: August 23, 2022 614 Page 1 of 3 RESOLUTION NO. 5441 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID TRACTS TOTALING 13.582 ACRES, KNOWN AS THE HERITAGE CHRISTIAL SCHOOL ANNEXATION, APPLICATION 21442. WHEREAS, the City of Bozeman received a petition for annexation requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 13.002 acres, located at 4310 Durston Road; and WHEREAS, the petition was submitted by the landowner on May 2, 2022, requesting the City Commission to extend the boundaries of the City of Bozeman; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on August 15, 2022; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on August 15, 2022; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and 615 Resolution 5441, Heritage Christian School Annexation Page 2 of 3 WHEREAS, the provision of available services to said tracts as described is the subject of an Annexation Agreement; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of these tracts is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such approximately 13.582 acres, to wit: Legal Description Parcels of land being: Tract B, Certificate of Survey 1829 Containing 13.002 acres. And Unannexed but wholly surrounded and adjacent public right of way for Durston Road; Containing 0.58 acres more or less. A total of 13.582 acres. Section 2 The effective date of this annexation is five calendar days after adoption of this Resolution: 616 Resolution 5441, Heritage Christian School Annexation Page 3 of 3 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ___th day of ________________, 2022. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 617 618 619 620 621 622 623 624 625 626 627 628 629 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Ordinance 2125 Provisional Adoption, Heritage Christian School Annexation Zone Map Amendment to Establish an Initial Municipal Zoning of R3, Residential Medium Density District, On 13.58 Acres at 4310 Durston Road, Application 22170 MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adoption Ordinance 2125 STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City Commission conducted a public hearing on August 16, 2022 to consider this application. The requested zoning was approved on a vote of 4- 1. The applicant has satisfied all contingencies of approval. An ordinance is required to complete the zoning process. The application and staff report from the original public hearing are available from the City Commission packet for August 16th. The video recording of the meeting is available through the City's website. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission FISCAL EFFECTS:None Attachments: Ordinance 2125 HCS ZMA.pdf Report compiled on: August 26, 2022 630 Ord 2125 Page 1 of 5 ORDINANCE 2125 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO ESTABLISH AN INITIAL MUNICIPAL ZONING ON 13.582 ACRES AS R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT), THE HERITAGE CHRISTIAN SCHOOL ANNEXATION ZONE MAP AMENDMENT, APPLICATION 22170 WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Community Development Board has been created by Resolution 5330; and WHEREAS, the City of Bozeman Community Development Board has been assigned the duties of the Zoning Commission required by Section 76-2-307 MCA; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, after conducting the required public hearing on August 1, 2022, the Bozeman Community Development Board in their capacity as the Zoning Commission recommended to the Bozeman City Commission that application No. 22170, the Heritage Christian School Annexation Zone Map Amendment, be approved as requested by the applicant; and 631 Ordinance No. 2125, Heritage Christian School Annexation Zone Map Amendment Page 2 of 5 WHEREAS, after proper notice, the City Commission held its public hearing on August 16, 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, 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, 632 Ordinance No. 2125, Heritage Christian School Annexation Zone Map Amendment Page 3 of 5 staff analysis and report, and all submitted public comment recommended approval of the requested R-3 district. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of Application No. 22170 the Heritage Christian School Annexation Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby established as R-3 (Residential Medium Density District): A tract of land being Tract B OF C.O.S. NO. 1829 and to the center line of adjacent public right of way for Durston Road. 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. 633 Ordinance No. 2125, Heritage Christian School Annexation Zone Map Amendment Page 4 of 5 Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____th day of ________________, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk 634 Ordinance No. 2125, Heritage Christian School Annexation Zone Map Amendment Page 5 of 5 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 635 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Ordinance 2105 Provisional Adoption, Repeal Division 38.380, Affordable Housing, and Amend Associated Standards and Replace With a New Division 38.380 Affordable Housing Text Amendment, Application 22133 MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board and Economic Vitality Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22133, and move to provisionally adopt Ordinance 2105. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The City is replacing its existing affordable housing regulations, located in Division 38.380 of the municipal code, to address recent state law changes. Division 38.380 is being replaced entirely and its focus is shifting to incentives for construction of affordable housing. . Many other sections which are affected are being amended to match up with the new incentives based approach and clarify related wording. See the staff report Executive Summary and Appendix A from the August 23rd hearing, and the full text of the Ordinance for more details. The staff report is part of the packet materials as Item J.3 from the August 23, 2022 public hearing and the video recording of the hearing is available through the City's website. The City Commission approved the proposed amendments on a vote of 4-1. No amendments were made to the draft ordinance at provisional adoption. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission FISCAL EFFECTS:None identified at this time. Budgeting for support of affordable housing occurs separately from development of regulation. 636 Attachments: Ordinance 2105 38.380 Affordable Housing - Final Adoption 9-13-2022.pdf Report compiled on: August 24, 2022 637 Ord 2105 Page 1 of 36 ORDINANCE 2105 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO REPEAL AND REPLACE DIVISION 38.380 AFFORDABLE HOUSING, AMEND SECTION 38.200.010 REVIEW AUTHORITY TO ASSIGN RESPONSIBILITY FOR AFFORDABLE HOUSING ADMINISTRATION, AMEND TABLE 38.310.030.A PERMITTED GENERAL AND GROUND RESIDENTIAL USES IN RESIDENTIAL ZONING DISTRICTS TO REMOVE REFERENCES TO HOUSING ALLOWED BY 38.380, AMEND TABLE 38.320.030.A MINIMUM AND MAXIMUM LOT AREA, AMEND TABLE 38.320.030.B MINIMUM LOT WIDTH TO REMOVE REFERENCES TO HOUSING ALLOWED BY 38.380, AMEND 38.360.060 ZONE EDGE TRANSITIONS TO ESTABLISH TRANSITION STANDARDS FOR DEVELOPMENT USING HEIGHT INCENTIVES CREATED IN 38.380, AMEND 38.340.040 CERTIFICATE OF APPROPRIATENESS TO REMOVE EXCEPTIONS FOR PROJECTS SUBJECT TO 38.380, AMEND TABLE 38.360.040 ADU USE TABLE IN RESIDENTIAL ZONING DISTRICTS TO REMOVE RESTRICTIONS AND REDUNDANT LANGUAGE, AMEND 38.360.100 CONDOMINIUMS TO REMOVE LANGUAGE NO LONGER APPLICABLE DUE TO CHANGES TO 38.380, AMEND 38.360.120 COTTAGE HOUSING TO REMOVE LANGUAGE NO LONGER APPLICABLE DUE TO CHANGES TO 38.380 AND TO REMOVE AFFORDABILITY REQUIREMENTS, AMEND 38.410.030.G TO REMOVE REFERENCES TO 38.380 NO LONGER APPLICABLE, AMEND 38.420.020.A TO REMOVE REFERENCES TO 38.380 IN PARK DEDICATION REQUIREMENTS, AMEND 38.700.020 A DEFINITIONS TO ADD OR REVISE DEFINITIONS FOR AFFORDABLE HOME, AFFORDABLE HOUSING, AND AREA MEDIAN INCOME, AMEND 38.700.050 D DEFINITIONS TO ADD DEFINTION OF DEVELOPER, TO AMEND 38.700.090 H DEFINITIONS TO REVISE THE DEFINITION OF HOUSEHOLD, AMEND 38.700.150 S DEFINTIIONS TO ADD DEFINITION OF YIELD STREET TO STREET TYPES. 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 638 Ordinance No. 2105, Affordable Housing Ordinance Page 2 of 36 WHEREAS, after proper notice, the Community Development Board acting in their capacity as the Bozeman Zoning Commission held a public hearing on August 1, 2022 to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the Community Development Board acting in their capacity as the Bozeman Zoning Commission recommended to the Bozeman City Commission that those element of application No. 21338 related to Ordinance 2105, be not approved; and WHEREAS, the Economic Vitality Board recommended to the Bozeman City Commission that Ordinance 2105 be approved; and WHEREAS, after proper notice, the City Commission held its public hearing on [DATE], 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 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 establishes goals to increase the supply of affordable housing in the city. To fulfill these goals, the community plan establishes numerous objectives to promote housing affordability and diversity through increased supply of certain types of housing. 3. The city commission identifies affordable housing as one of its main strategic goals: “Housing and Transportation Choices - Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for under-served individuals and families and improve mobility options that accommodate all travel modes.” 4. The Community Housing Needs Assessment (February 2019) was completed to help the city identify, understand and address the housing challenges and problems faced by local residents and employees in the city. 5. The Bozeman Community Housing Action Plan was approved by city commission on November 18th, 2019, and amended on January 13, 2020. The Action Plan outlines a 639 Ordinance No. 2105, Affordable Housing Ordinance Page 3 of 36 partnership framework to address affordable housing (also called community housing) in Bozeman over a five-year period and recommends edits to this chapter. 6. The city’s first inclusionary zoning policy was adopted in 2007. In April, 2021, the Montana State Legislature adopted House Bill 259, which prohibits local governments from requiring housing fees or the dedication of real property for the purposes of providing housing for specified income levels or sale prices and which prohibits zoning regulations that require housing fees or the dedication of real property for the purposes of providing housing for specified income levels or sale prices. 7. Following the passage of House Bill 259, the city commission desires to replace the city’s current Affordable Housing Ordinance with this ordinance, which does not require any of the actions prohibited by House Bill 259, but instead offers incentives to property owners and developers willing to construct housing at levels of affordability consistent with the housing needs and goals identified in the community plan, the community housing needs assessment, and the community housing action plan. 8. Limited housing opportunities within the city negatively impacts economic development, transportation networks, and sustainability. Affordable housing needs must be addressed to maintain a sufficient resident workforce in all fields of employment, and to ensure the public safety and general welfare of the residents of the city, affordable housing needs must be addressed. 9. The incentives codified in this ordinance will advance the city's legitimate interest in assuring that additional housing is built in the city. 10. This ordinance is adopted pursuant to the city's self-governing powers, the city’s zoning authority, and the police power to protect public health, safety, and general welfare. 11. 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. 12. Zoning, including amendments to the text, must be in accordance with an adopted growth policy. 13. House Bill 259 being passed into law by the 2021 Montana Legislature, the City must revise its regulations to conform to revised authority for zoning and subdivision. 14. A staff report analyzing the required criteria for a text amendment, including accordance to the Bozeman Community Plan 2020, found that the required criteria are satisfied and the criteria for consideration have been evaluated and after balancing community and legal priorities the benefits of Ordinance 2105 outweigh the disadvantages. 15. The two required public hearings were advertised as required in state law and municipal code and all persons had the opportunity to review the materials applicable to the application and provide comment prior to a decision. 16. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing and transmitted their recommendation to the City Commission prior to the City Commission consideration of the ordinance. 640 Ordinance No. 2105, Affordable Housing Ordinance Page 4 of 36 17. 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. 18. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. Section 2 That 38.200.010, Review authority, of the Bozeman Municipal Code be amended as follows with all other elements to remain as presently adopted: H. The director of economic development must oversee, review, and as needed approve, approve with conditions or deny, and manage after approval the following development elements and processes: 1. Division 38.380 Affordable Housing. I H. As detailed in division 38.200 of this chapter, the city commission authorizes the applicable advisory bodies to review and to make recommendations to the review authority regarding development proposals. Under this section, when advisory boards review and make recommendations to the review authority they act in a quasi-judicial capacity. Recommendations do not constitute votes of approval or denial. J H. The city commission or its designated representatives may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations. The city commission or its designated representatives may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the development as submitted. Recognizing that the standards of this chapter are minimum requirements and the public health, safety, and general welfare may be best served by exceeding those minimums, the city commission or community development director may require as a condition of approval mitigation exceeding the minimums of this chapter. K I. Decisions of the community development director and other review authorities are subject to the appeal provisions of division 38.250 of this chapter. Section 3 That Table 38.310.030.A. Permitted general and group residential uses in residential zoning districts is amended as follows: Table 38.310.030.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; — = 641 Ordinance No. 2105, Affordable Housing Ordinance Page 5 of 36 Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH General residential Accessory dwelling units* - attached or detached (38.360.040) P P P P P P P — Accessory dwelling units* - detached (38.360.040) P P P P P P P — Apartments/apartment building* — — — — P P P — Apartment building, limited4 3 — — — P P P P — Cottage housing (38.360.120)* P P P P P P P P Manufactured homes on permanent foundations(38.360.170)* P P P P P P P P Manufactured home communities* — — — — — — — P Single-household dwelling (38.360.220) P P P P P P P P Two-household dwelling (38.360.220) — — P P P P P — Three household dwelling or four- household dwelling (38.360.220) — — — P P P P — Townhouses* & rowhouses* (two P2 — P2 — P P P P P P3 — 642 Ordinance No. 2105, Affordable Housing Ordinance Page 6 of 36 attached units)(38.360.250) Townhouses* & rowhouses* (five attached units or less) (38.360.250) — — — P3 P P P — Townhouses* & rowhouses* (more than five attached units) (38.360.250) — — — — P P P — Group residential Community residential facilities* with eight or fewer residents P P P P P P P P Community residential facilities* serving nine or more residents — — — S P P P — Cooperative household* S S S P P P P S Family day care home* P P P P P P P P Group day care home* P P P P P P P P Group living (38.360.135)* P P P P P P P P Lodging houses* — — — S P P P — Transitional and emergency housing (38.360.140)* and related services S S S S S S S S Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of division 38.380, Affordable Housing. May only be utilized in developments subject to division 38.380 of this article. 643 Ordinance No. 2105, Affordable Housing Ordinance Page 7 of 36 2 3. In the R-3 district, townhouse groups must not exceed 120 feet in total width. 3 4. Supplemental use criteria for apartment building, limited are in section 38.360.070. Section 4 That Table 38.320.030.A. be amended as follows: Table 38.320.030.A Minimum and maximum lot area Table clarification: 1. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set forth in that section or chapter. 2. If a number appears in the box, refer to the development condition with the corresponding number immediately following the table. If there are multiple numbers, then all development conditions apply. Use Type/Standard Zoning District R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Minimum lot area in a lot per dwelling (square feet)1(38.320.030.A) Single- household dwelling 4,0001 4,0001 4,0001 4,0001 4,0001 3,0001 4,0001 3,0001 Single- household dwelling (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) 2,700 2,700 2,700 2,700 2,700 2,700 2,700 2,700 Two-household dwellings — — 2,5001 2,5001 2,5001 2,500 3,000 — Two household dwellings (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) — — 2,500 2,500 2,500 2,500 2,500 — 644 Ordinance No. 2105, Affordable Housing Ordinance Page 8 of 36 Lot area per dwelling in three- or four- household dwelling configurations — — — 3,000 3,000 None 3,000 — Lot area per dwelling in three- or four- household dwelling configurations (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) — — — 2,500 2,500 None 2,500 — Townhouses & rowhouses per dwelling — — 3,0002 3,00032 3,00032 None 3,00032 — Townhouses & rowhouses (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) 2,5003 2,5003 2,5003 2,5003 2,5003 None 2,5003 2,500 Apartments – First Dwelling — — — — 3,000 None 3,000 — Apartments – Each dwelling after the first — — — — 1,200 None 1,200 — Apartments and Apartment Building, Limited—First dwelling — — — — 5,000 None 5,000 — 645 Ordinance No. 2105, Affordable Housing Ordinance Page 9 of 36 Apartments and Apartment Building, Limited —Each dwelling after the first — — — — 1,200 None 1,200 — Apartment Building, Limited—Each dwelling — — — 3,000 — — — — Apartments— Each dwelling after the first (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) — — — — 900 None 900 — Additional area required for an accessory dwelling unit 1,000 4 1,000 1,000 1,000 1,000 None 1,000 — All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 None 5,0001 5,0001 Maximum lot area (net acres) (38.320.020.A) Residential use — — — 2.53 5 2.53 5 2.53 5 2.53 5 — Notes: 1. In order to comply with the standards contained in this chapter, lot area in excess of the required minimum may be needed (for corner lots, parking, landscaping or large residential structures, for example), and may be necessary for property adjacent to watercourses, ridgelines, or other environmental features in order to provide an appropriate buildable area on the lot. 2. Per townhouse lot or rowhouse dwelling. 2 3. For townhouse or rowhouse clusters, the lot area per dwelling may be averaged within the cluster. 4. Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet. 646 Ordinance No. 2105, Affordable Housing Ordinance Page 10 of 36 35. Departures from the maximum lot size requirements may be allowed where the planned development fits into the context of the neighborhood and proposed pedestrian and vehicular circulation measures meet community objectives. Section 5 That Table 38.320.030.B, be amended as follows: Table 38.320.030.B Minimum lot width (feet) Table clarification: 1. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set forth in that section or chapter. 2. If a number appears in the box, refer to the development condition with the corresponding number immediately following the table. If there are multiple numbers, then all development conditions apply. Use Type/Standard Zoning District R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Single- household dwelling 50 50/401 50/401 50/401 50/351 35/251,2 50/401 50/401 Single- household dwelling (only for dwellings to satisfy requirements of division 38.380 of this chapter) 30 30 30 30 30 30 30 30 Two household dwelling — — 60/501 60/401 50/401 50/401 50/501 — Accessory dwelling unit3 50 40 40 40 40 None4 40 — Accessory dwelling unit3 on lots with Townhouses 30 30 30 Width of interior units2 Width of interior units2 Width of interior units2 Width of interior units2 — Dwellings in three- or four- - - — 60 60 None2,4 60 — 647 Ordinance No. 2105, Affordable Housing Ordinance Page 11 of 36 household dwelling configurations Townhouses 30 30 30 Width of interior units,2 Width of interior units,2 Width of interior units,2 Width of interior units,2 — All other uses 50 50 50 50 50 None2,4 50 50 Notes: 1. When the lot is adjacent to an alley and vehicle access is taken only from that alley. 2. Lot width is subject to section 38.400.090. Lot widths of 25 feet or less may jeopardize compliance with standards for legal and physical access, street trees, on-street parking, garage design, drive access width and placement, and utilities. Home design and size will be restricted as a result. Mitigation measures may be required for placement and separation of public and private utilities. 3. Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to accessory buildings. Lot area and width must be provided as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to section 38.360.040. 4. Lot widths may be variable provided they are sized and shaped sufficient to accommodate permitted uses and conform to applicable design and density standards. Section 6 That 38.320.060, Zone edge transitions, be amended as follows: Sec. 38.320.060. Zone edge transitions. A. Intent. To provide measures that help to provide a compatible transition between certain higher and lower intensity zoning districts. B. Zone edge transition standards. The following standards are intended to supersede other form and intensity standards in this division. 1. Setback adjustments. a. Minimum side and rear setbacks for development within BP, M-1, and M-2 districts where adjacent to a residential district: 15 feet. No additional setbacks required adjacent to alleys and streets. b. Minimum side and rear setbacks for development within B-3 and UMU districts adjacent to a residential district: five feet. No additional setbacks are required adjacent to alleys and streets 648 Ordinance No. 2105, Affordable Housing Ordinance Page 12 of 36 2. Height/setback adjustments. a. For development on sites in the B-3, B-2M, UMU, and R-5 districts that are adjacent to the RS, R-1, or R-2 district. From a height of 38 feet at a ten foot setback from the property line adjacent to from the applicable residential districts, buildings must step back at a 45 degree angle away from the applicable property line as shown in figure 38.320.060. No such 45 degree angle setback is required if separated by a street. b. For development on sites in the B-3 district that border R-3 and R-4 districts. From a height of 38 feet at a five foot setback from the property line adjacent to from the applicable residential districts, buildings must step back at a 45 degree angle away from the applicable property line. c. For buildings located at the edge of a zoning district and which use the height incentives of 38.380.030. At the required setback from property line for the district in which the site is located; and from the maximum building height allowed in the district without the height incentive; buildings must step back at a 45 degree angle away from property lines. This requirement does not apply to interior common walls within the same development, such as between townhomes. d. Permitted 45 degree angle step back encroachments in a-c of this paragraph: (1) Permitted horizontal encroachments include those elements and standards set forth in section 38.350.050.A. (2) Permitted vertical encroachments include those elements and standards set forth in section 38.350.050.D. Section 7 That 38.340.040. Certificate of appropriateness, be amended as follows: Sec. 38.340.040. Certificate of appropriateness. A. A certificate of appropriateness is required before any and all alteration(s) other than those specifically exempted in subsection 1 of this section, or repair(s) as defined in section 38.700.160, are undertaken upon any structure in the conservation district. The review authority for certificates of appropriateness is established in division 38.200.010 of this chapter. Compliance with the terms of the final decision is required. The Montana Historical and Architectural Inventory Form must be reviewed and, if necessary, updated to reflect current conditions on the site, prior to the review of the proposal. Application procedures are as follows: 1. No building, demolition, conditional use, sign or moving permit may be issued within the conservation district until a certificate of appropriateness has been issued by the appropriate review authority, and until final action on the proposal has been taken. a. Limited exceptions. The following construction located within the neighborhood conservation overlay district, within an established historic district, or at a site 649 Ordinance No. 2105, Affordable Housing Ordinance Page 13 of 36 which is individually listed on the National Register of Historic Preservation, does not require a certificate of appropriateness if the project satisfies the following standards: (1) Fences meeting all other provisions of this chapter (e.g. height limitations, street vision triangle, finished side out, etc. per section 38.350.060) which are built of wood, wrought-iron, or any other non-synthetic material and whose construction allows "transparency" as set forth in Chapter 3, Section F of the design guidelines referenced in section 38.340.050.D. Chain link fencing is not included in this exception. (2) Basement egress windows whose window material and configuration is present elsewhere in the structure, and whose window wells are not on the front or corner-side setback elevation of the structure, and which do not establish or provide egress from an illegal dwelling unit. (3) Accessory structures under 120 square feet as measured from the outer edge of the exterior walls, which meet the setback requirements, are not more than 14 feet to their highest point and which do not require a building permit. (4) Alterations in roofing material, if installing wood shingle, slate, tile, or asphalt shingle material, and no changes are made to the roof shape, pitch or slope. (5) Photovoltaic panels which are flush mounted to a roof. 2. Application, review and public notice procedures for proposals located within the conservation district are set forth in division 38.230, Plan Review, and division 38.220, Applications and Noticing, of this chapter. If demolition or movement of structures or sites subject to the conservation district requirements is proposed, the procedures in section 38.340.080 apply. 3. The architectural designs of individual affordable housing units used to satisfy the requirements of section 38.380.030 and are exempt from the review requirements of this part 1. This exemption does not extend to removal or alterations of existing structures. Section 8 That Table 38.360.040. ADU use table in residential zoning districts, of the Bozeman Municipal Code be amended as follows: Table 38.360.040 ADU use table in residential zoning districts Table clarification: 1. Uses: P = Principal; S = Special uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 650 Ordinance No. 2105, Affordable Housing Ordinance Page 14 of 36 3. 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. Zoning districts R-S R-1 R-2 R-3 R-4 R-5 RMH REMU Detached ADU2 & 3 P P P P P P — P Attached ADU2, 3 & 4 P P P P P P — P Owner occupied Yes1 Not required Yes1 Not required Not required Not required Not required Not required — Not required The following ADU standards and 38.320.070 apply to all zoning districts: Occupancy limit 2 persons Deviations No # of ADU per lot One Location ADU's are permitted above accessory buildings and on the ground floor. Ground floor ADUs require alley access or pedestrian connection to a sidewalk or the adjacent right-of- way. Parking requirement ADUs are not subject to minimum parking requirements. If parking is provided it must conform to all applicable standards. Unit size In no case may an ADU be larger than 600 square feet or have more than a single bedroom. The method of calculating the maximum ADU square footage will be "living area" defined as "all floor area exclusive of areas with a sloped ceiling less than three feet in height, stairwells, and exterior decks." Bedrooms, living rooms, kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living space must be included in the maximum square footage calculation. Design requirements Detached ADUs, including second story additions on detached garages may be approved only if found compatible and consistent with the existing character and fabric of the neighborhood. The review authority must consider placement and size of windows, decks, balconies, fencing, landscape 651 Ordinance No. 2105, Affordable Housing Ordinance Page 15 of 36 screening, and height and massing of the structure to minimize impacts to adjacent properties. Height limit Notwithstanding the limitations in section 38.360.030.G, a detached ADU may exceed the height of the principal building but may not exceed 22 feet in height. Garage conversions Garages may not be converted for use as ADUs unless all required parking for all uses on the lot is otherwise provided prior to conversion. However, ADUs may be placed above garages except where otherwise noted. Minimum standards or "no guarantee" A permit for an ADU will not be granted unless the lot has been configured to accept an ADU with adequate lot area, utility services, and compliance with setbacks and height standards. Notes: 1. R-S and R-1 occupancy. At least one owner of record who possesses at least an estate for life or a 50 percent fee simple ownership interest must reside on site as their primary residence. No more than one of the dwellings, either the principal dwelling or the accessory dwelling, may be rented by non-owners at the same time. The city may require a guarantee of compliance with the requirements of this section, including but not limited to a binding deed restriction or covenant enforcing the single rental restriction as allowed in section 38.270.080.B, as a condition of approval. 2. Any ADU created within an accessory building is subject to the limitations of 38.360.030. 3. An accessory dwelling unit may not be approved on a reduced size lot created to meet the minimum affordable housing requirements of chapter 38, division 380. 4. Location. The ADU may be a part of the principal dwelling unit, provided the ADU is clearly incidental to the principal dwelling unit and meets all of the following criteria: a. Lot area per Table 38.320.030 is provided. b. The ADU does not exceed one-third of the total area of the principal structure. c. If the entrance for the ADU is separate from the entrance of the principal structure, the entrance must be on a façade different than that of the main entry. Section 9 That 38.360.100, Condominiums, of the Bozeman Municipal Code be amended as follows: 652 Ordinance No. 2105, Affordable Housing Ordinance Page 16 of 36 Sec. 38.360.100. Condominiums. A. Unit ownership act. Condominium developments must comply with all provisions of the Unit Ownership Act, MCA 70-23-101 et seq., and all regulations adopted to implement to Act. B. Condominium association. A condominium association must be established for each condominium development. The developer must prepare bylaws for the condominium association, as well as covenants, conditions and restrictions for the condominium development, in compliance with division 38.220 of this chapter. The bylaws, covenants, conditions and restrictions must be submitted to the city for review and approval prior to the granting of plan approval or approval for condominiumization of existing development. C. Internal circulation in a condominium development must be designed in accordance with division 38.540 of this chapter, and must, when deemed necessary by the city engineer, comply with section 38.400.020. D. Condominiums may be subject to chapter 38, division 380. Section 10 That 38.360.120.A of the Bozeman Municipal Code be amended as follows: A. Purpose and intent. 1. The purpose of this section is to achieve the goals and objectives of the land use and housing chapters of Bozeman's growth policy and the goals of the Inclusionary Housing Ordinance, division 38.380 Affordable Housing. Cottage housing enables higher density development by allowing smaller lots, smaller home sizes, and clustered home sites, which are subject to design standards. This housing development option encourages more efficient use of land and energy. 2. Cottage housing development regulations are designed to: a. Provide opportunities for creative, diverse and high quality infill and greenfield development compatible with existing neighborhoods; b. Support development of diverse housing in accordance with the growth policy; c. Increase the variety of housing types available within the community; d. Support the creation of neighborhoods with a mix of housing opportunities for mixed incomes; and e. Provide opportunities for small, detached cottages within existing neighborhoods. Section 11 That 38.360.120.C of the Bozeman Municipal Code be deleted and the remainder of the section renumbered. 653 Ordinance No. 2105, Affordable Housing Ordinance Page 17 of 36 C. Affordable housing applicability. The requirements of division 38.380, unless specifically modified in this article, apply to all cottage housing subdivisions regardless of the number of cottages proposed to be included in the development. Notwithstanding the provisions of division 38.380, a cottage housing subdivision must provide at least one lower-priced home, or three moderate-priced homes. A cottage housing subdivision may have more affordable homes than the required minimum. Section 12 Division 38.380. - Affordable Housing is repealed in its entirety and replaced to read as follows: Division 38.380 Affordable Housing 38.380.10 Purpose A. The purpose of this division is to promote the public health, safety, and welfare by incentivizing increased production of affordable rental and for sale housing to meet the needs of city residents and the goals of the adopted growth policy and the community housing action plan. B. In addition, the purpose of this division is to offer incentives tailored to the levels of housing affordability in new development and redevelopment, with greater incentives being offered to those producing or preserving housing affordable to households earning lower percentages of the Bozeman Area Median Income (AMI). C. In addition, this division alleviates the reduction in the land supply available to accommodate future affordable housing development that would result if most or all of the available residential land is used solely for the benefit of households that are able to afford market-rate housing. 38.380.020 Applicability A. Generally. The following types of development are eligible to use the incentives described in this division. Affordable home incentives, described in section 38.380.030, may be approved in conjunction with an annexation, subdivision, or site plan that: 1. Contains or will contain dwellings; and 2. That commits to providing at least the minimum percentages of dwellings in the development at rental rates or sales prices affordable at no more than the maximum percentages of AMI established in Table 38.380.020-1 or Table 38.380.020-2 and consistent with all requirements of 38.380. 654 Ordinance No. 2105, Affordable Housing Ordinance Page 18 of 36 Table 38.380.020-1 Affordable Homes Required for Deep Incentives Minimum Percentage of Homes Maximum Percentage of AMI Duration Rental Dwellings For-Sale Dwellings (includes condominiums) Type of Housing Single-Household Detached Dwelling =>50% 80% of AMI 120% of AMI =>30 years Single-Household Attached Dwelling =>50% 80% of AMI 120% of AMI =>30 years Multi-Household Dwelling =>50% 80% of AMI 120% or AMI =>30 years Table 38.380.020-2 Affordable Homes Required Shallow Incentives Minimum Percentage of Homes Maximum Percentage of AMI Duration Rental Dwellings For-Sale Dwellings (includes condominiums) Type of Housing Single-Household Detached Dwelling =>5% 80% of AMI 120% of AMI =>30 years Single-Household Attached Dwelling =>5% 80% of AMI 120% of AMI =>30 years Multi-Household Dwelling =>5% 80% of AMI 120% or AMI =>30 years B. The City and a landowner may agree by contract to future development on a property producing the housing identified above in exchange for the incentives in this division. C. Previously Approved Development 1. A previously annexed but undeveloped parcel of land, subdivision, or site plan that has received final approval before the effective date of this division, and that has not previously received an incentive in return for commitments to include affordable housing in the development, may apply for affordability incentives listed in section 38.380.030. The property owner or applicant for the previously undeveloped parcel must make a written commitment to meet the affordability standards for rental rates or sales prices in this section consistent with 38.380.040. The affordable housing plan must be submitted and approved prior to use of any incentive. 655 Ordinance No. 2105, Affordable Housing Ordinance Page 19 of 36 2. Only that portion of the amended preliminary plat or site plan, including associated code standards and conditions of approval, pertaining to the request for approval of one or more procedural adjustments and subsidies will be subject to additional preliminary plat or site plan review. D. Assumptions and Calculations 1. All references to AMI are to the most recent Area Median Income established by the U.S Department of Housing and Urban Development (HUD). As HUD publishes updated AMI values they are immediately effective without further action by the City. The city may establish administrative procedures for application and implementation of AMI in calculating dwelling costs in accordance with 38.380.070. 2. To determine the maximum sales prices of affordable homes with different numbers of bedrooms, the city will base its calculation on AMIs for households of different sizes, as follows, with the review authority determining which rooms qualify as bedrooms: a. Studio dwelling: AMI for a one-person household; b. One bedroom dwelling: AMI for a two-person household; c. Two bedroom dwelling: AMI for a three-person household; and d. Three bedroom unit or larger: AMI for a four-person household. 3. If the calculation of the required number of affordable homes results in a fraction of a home, fractions equal to or less than 0.5 shall be ignored, and fractions greater than 0.5 shall be rounded up to require the construction of one affordable home, which may be a studio unit. 38.380.030 Incentives Available. Applications for development of affordable homes that comply with the requirements of this division qualify for and must be awarded the incentives applicable to the type and tenancy of affordable housing being provided and requested by the developer. A. Incentives may be applied to: 1. Dwellings in single use residential or mixed-use residential/nonresidential development. 2. If a single building contains a mix of residential and nonresidential primary uses, these incentives are only available if 50 percent or more of the gross floor area of the building contains residential uses. The incentives below supersede the standards otherwise applicable in this chapter. The city retains the authority to approve, approve with conditions, or deny the project as a whole based on compliance with other portions of this title or other city regulations, but shall not attach conditions to an approval that have the effect of removing the incentives awarded in this section. B. Incentives for Table 38.380.020-1 Deep Incentives. If the developer proposes to construct affordable homes that meet the standards in Table 38.380.020-1 in the same geographically contiguous development as market rate homes, the developer may apply the following 656 Ordinance No. 2105, Affordable Housing Ordinance Page 20 of 36 incentives to all primary buildings in the development in which 50 percent or more of the gross floor area contains residential uses: 1. For single-household detached dwellings: a. Minimum lot size of 2,000 square feet; or 1,600 square feet if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. b. No minimum lot width requirement above that necessary for access and utilities if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. c. Off-street parking requirement of one space per dwelling. e. Concurrent construction of infrastructure and dwellings per 38.270.030 is allowed. 2. For single-household attached dwellings (townhouses and rowhouses): a. Minimum lot size of 1,600 square feet; or 1,400 square feet if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. b. No minimum lot width requirement if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. c. Off-street parking reduction to one space per dwelling. d. Concurrent construction of infrastructure and housing per 38.270.030 is allowed. 3. For multi-household dwellings and mixed-use buildings: a. One additional story of height (maximum 15 feet per story) beyond that allowed in the RS, R-1, R-2, R-3, or RMH zoning districts. b. Two additional stories of height (maximum 15 feet per story) beyond that allowed in the R-4, R-5, R-O, NEHMU, and B-1 zoning districts. b. Four additional stories of height (maximum 15 feet per story) beyond that allowed in the UMU, REMU, B-2, B-2M, and B-3 zoning districts. c. No minimum onsite vehicle parking requirement, but bicycle parking standards and requirements of 38.540.050 still apply. d. Townhouses* & rowhouses* (two attached units) in the R-1, RS, and RMH zoning districts. e. Exemption from each of the following for buildings containing dwellings, unless an alternative standard is provided in this division: i. Minimum lot size, lot area per dwelling units, and lot width requirement in all zoning districts. ii. Section 38.510.030.E-J block frontage standards, provided that vehicle parking is prohibited between the front or side of a principal building and a public or private street; iii. Section 38.530.040.E maximum façade width standards; iv. Section 38.530.040.F roofline modulation standards 657 Ordinance No. 2105, Affordable Housing Ordinance Page 21 of 36 v. Section 38.530.050 building detail standards; and vi. Section 38.530.060 building material standards. f. Concurrent construction of infrastructure and housing per 38.270.030. 4. Developments subject to 38.380 may use yield streets without requirement for additional zoning review requirements beyond that for the development within which the yield street will be used. A yield street has the following characteristics: a. 40-foot right-of-way with two-way dedicated travel in a 16-foot advisory yield zone for motor vehicles and 5-foot walkways outside on either side. b. Staggered 7-foot wide parallel parking spaces which may include chicane style streetscape for varying width of paved area. c. No parking in front of private property that blocks access to property adjacent to the street. d. Passing areas every 100 feet minimum for sight line assurance and yielding capabilities. Passing pullout areas to be not less than 25 feet long. Driveway accesses may serve as passing areas. e. Snow management plan, including enforcement provisions, must be provided during initial development review. 1) No snow storage in passing areas; 2) Adequate storage areas or removal methods must be provided to address two 25 year storms. f. Stormwater must be managed within the right of way unless an alternate method compliant with municipal standards is provided. g. A comprehensive street signage plan must be included with initial submittal and executed with infrastructure plans and construction including but advisory signage for yielding to pedestrians/bikes/PTDs and other vehicle travelers.. h. The proposed design must be consistent with accessibility requirements established by any governmental agency. i. Design shall address inclusion of any proposed street furnishings, amenities, plantings, etc. j. Yield streets are exempt from the requirements of 38.550.070 for installation of street trees adjacent to individual lots. k. The City may limit speeds to less than standard for a local street. l. Maintenance – Must be maintained by landowners in the development unless the City explicitly assumes responsibility. A funding mechanism equal to that for private streets in 38.400.020 is required for private maintenance. m. Length may not exceed 400 feet without intersecting with a street. Ends must terminate at a street or be provided a fire code compliant turn around. A total length may exceed 400 feet if there are crossing streets with a yield street. 658 Ordinance No. 2105, Affordable Housing Ordinance Page 22 of 36 n. Adjacent buildings must not exceed three stories unless setup space for fire department ladder trucks is provided adequate to access all buildings in excess of three stories. C. Incentives for Table 38.380.020-2 Shallow Incentives. If the developer proposes to construct affordable homes that meet the standards in Table 38.380.020-2 in the same geographically contiguous development as market rate homes, the developer may apply the following incentives to all primary buildings in the development in which 50 percent or more of the gross floor area contains residential uses: 1. For each single-household detached dwelling a minimum lot size of 3,000 square feet, or 2,500 square feet, if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. 2. For each single-household attached dwelling (townhouse or rowhouse) a minimum lot size of 2,200 square feet, or 1,800 square feet, if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. 3. For multi-household dwellings and mixed-use buildings: a. Ten percent reduction in lot area for applicable dwelling type in Table 38.320.030.A. b. One additional story of height (maximum 15 feet per story) beyond that allowed in the RS, R-1, R-2, R-3, RMH, R-4, R-5, R-O, NEHMU, and B-1 zoning districts. c. Two additional stories of height (maximum 15 feet per story) beyond that allowed in the UMU, REMU, B-2, B-2M, and B-3 zoning districts. d. Minimum vehicle parking requirement of one stall per dwelling for all districts other than B-3 and bicycle parking standards and requirements of 38.540.050 still apply. e. Minimum vehicle parking requirement of 0.75 stall per dwelling for B-3 district; bicycle parking standards and requirements of 38.540.050 still apply. e. Townhouses & rowhouses (two attached units) are principal uses in the R-1, RS, and RMH zoning districts. 38.380.40 Affordable Housing Plan Required A. To qualify for low income affordable home incentives, the developer must submit to the City an affordable housing plan that includes the information and complies with the standards in this section: 1. Information Required a. The total number of affordable homes, and market rate homes in the proposed development; b. The table in 38.380.020 to be applied to the affordable housing plan. c. The number of bedrooms in each proposed low income affordable home, and market rate home in the development. d. Whether each affordable home will be offered for rental or for sale; 659 Ordinance No. 2105, Affordable Housing Ordinance Page 23 of 36 e. The location of affordable lots or units in the development; f. The applicable AMI and maximum rental or sales price applicable to each low income affordable home; g. A description of the requested incentives from section 38.380.040. h. Any other information that is reasonably necessary to evaluate the compliance of the affordable housing plan with the requirements of this division, as determined by the review authority. i. If the development is to be constructed in phases: 1) The required information may include specific commitments for the first phase of development and estimates for later phases of development, provided the combination of committed and estimated low income affordable homes in the development equals or exceeds the minimum required to qualify for the incentives requested. 2) As the number of low income affordable homes for each later phase is finalized, the developer must submit an update to the affordable housing plan including or updating the information required in this section. The review authority shall review and approve, approve with conditions, or deny the update using the criteria in this section. 2. Development Standards for Affordable Homes a. The number of affordable homes must meet or exceed the minimum standards needed to qualify for the applicable incentive in section 38.380.030. b. The mix of bedrooms per unit in affordable homes must be as similar as possible to the mix of bedrooms per unit of the market-rate homes in the development. c. Access to shared amenities and services by residents of the affordable homes must be the same as to those in market rate homes in the development. d. If the development is to be constructed in phases, and the developer has requested affordable housing incentives, at least 75 percent of the dwelling units in each phase must be affordable homes, unless the city has received adequate legal or financial assurance that any shortfall during earlier phases will be constructed before approval of the final phase of development. B. The review authority may approve the affordable housing plan if the review authority finds that it includes the information required for the city to confirm compliance with the standards and criteria in this division, including but not limited to the standards in Section 38.380.030.A, and any administrative procedures related to this division adopted pursuant to section 38.380.070. C. No annexation, preliminary subdivision, or site plan that contains any residential dwelling units and that requests affordable housing incentives may receive final approval until the affordable housing plan has been approved by the review authority. 660 Ordinance No. 2105, Affordable Housing Ordinance Page 24 of 36 D. After approval by the review authority, the affordable housing plan must be incorporated by reference in the recorded annexation, final subdivision plat, or site plan documents. E. An approved affordable housing plan is a binding contract between the developer and the developer's successors in interest to the lot or dwelling, and must be included in a separate recorded written agreement between the developer and the city, or incorporated into another recorded document in which the developer is required to implement the affordable housing plan. 38.380.50 Land Donation Alternative A. As an alternative to constructing some or all of the affordable homes required by section 38.380.020, the developer may qualify for the incentives listed in section 38.380.040 by donating one or more parcels of land within the city limits. The land donation must meet the standards in this section and be approved by the director as providing equal or greater affordable housing benefit to the city. B. The developer may donate undeveloped parcels of land or ready-to-build house lots, provided the land is subject to a document recorded in the records of the Gallatin County Clerk and Recorder requiring the land be used only for the construction of affordable homes; C. The value of the land donated must equal or exceed the remaining cost of designing, obtaining land use and building approvals for, installing or upgrading infrastructure for, and constructing the number of affordable homes the annexer, subdivider, or developer would otherwise be required to provide in return for the requested incentives listed in subsection 38.380.030, as established by an independent valuation and economic study commissioned by and acceptable to the city and paid for by the developer. 38.380.60 Qualification of Renters and Buyers A. Developer must provide to the city written assurance acceptable to the city that each renter or purchaser of an affordable home must meet the following standards for a period of at least 30 years from initial occupancy of the home. B. Each renter or purchaser of an affordable home: 1. Must occupy the affordable home as their primary residence, as determined by the review authority; 2. Must meet the definition of a Household in section 38.700.090; 3. Must comply with the income restrictions applicable to that type of home and tenancy according to 38.380.020: a. Income verification for rental units must be performed every two years, and income verification for owner occupied units must be performed at the time of purchase, based on standards and methods approved by the U.S. Department of Housing and Urban Development. b. If the project is subject to income restrictions different from those in section 38.380.020 as a condition of participation in a state or federal housing program or 661 Ordinance No. 2105, Affordable Housing Ordinance Page 25 of 36 receipt of state or federal financial assistance, the renter or purchaser must comply with those alternative income restrictions, as verified by standards and methods used by the applicable state or federal program. 4. Must not, if the Affordable Home is purchased, sell the home for a price higher than the original sales price of the home plus a compounded increase of 2.5% for each year the purchaser owns the home. C. The developer may satisfy the requirements of this section by contracting with a third party to monitor and enforce the conditions in this section through a written agreement approved as to form by the City Attorney. The developer may change the third party contractor with written approval by the City. D. The developer, or the city or its agent if the city is involved in the rental or sale of an affordable home, must record in the offices of the Gallatin County Clerk and Recorder, simultaneously with the recording of the deed of conveyance, a restrictive covenant, deed of trust or other legal instrument, approved as to form by the City Attorney, that obligates all owners or renters of the property to comply with the provisions of this section. 38.380.70 Administration A. The review authority shall have authority to promulgate and enforce all reasonable rules and regulations and take all actions necessary to the effective operation and enforcement of this division, unless such authority is expressly reserved to the city commission or another city official, including but not limited to: 1. Reviewing affordable housing plans for compliance with this division; 2. Adopting application, monitoring, and reporting forms, and other forms and information required from developers for implementation of this division; 3. Monitoring compliance with this division, notifying the subdivider or developer of noncompliance, and ordering compliance; 4. Imposing any and all sanctions permitted by this division; and 5. Calculating and making available through the city website or otherwise the AMI needed to qualify for the various incentives listed in this division, and updating that information as needed to reflect any adjustments approved by the city commission. 6. Adopting standards and policies to qualify eligible purchasers and renters for Affordable Homes created under this division. B. The city may publish administrative rules and instructions consistent with and necessary for the implementation of this division, including but not limited to instructions for completing the affordable housing plan, valuations required by this division, and the distribution of the required number of affordable homes and bedrooms within a project requesting the incentives in this division. C. The review authority may create standards for documentation the city will use to verify the rental rates or sale prices of affordable homes created pursuant to this division. For the initial sale of an affordable home, the seller must provide the city with a copy of the HUD-1 form 662 Ordinance No. 2105, Affordable Housing Ordinance Page 26 of 36 prepared by an attorney or title company indicating the sale price. The final sale price on the HUD-1 form may not exceed the maximum price for a specific affordable home as described in section 38.380.030, plus an allowed maximum established by rule as authorized in this section in buyer selected upgrades, if allowed by the first mortgage lender underwriters. In addition, the city shall require certification satisfactory to the city of homebuyer income qualification. D. Upon receipt of a settlement statement for the sale of an affordable home, the city will determine if the completed affordable home sale complies with the approved affordable housing plan and the requirements of this division and if not, will notify the seller of the noncompliance. 38.380.80 Noncompliance and Sanctions A. If the city determines that a developer has failed to comply with any terms or conditions of the affordable housing plan or this division, the review authority shall notify the developer of the noncompliance in writing and order compliance by the most reasonable and expeditious means as determined by the city. Notification shall describe the date by which the developer must be in full compliance and shall describe the nature of the noncompliance and the possible sanctions for noncompliance. B. A developer that sells an affordable home for a price not in compliance with the approved affordable housing plan, this division, or any other recorded document obligating the developer to comply with this division shall pay a penalty to the city. The penalty shall be equal to 125 percent of the difference between the actual sale price and the maximum sale price of the affordable home as set out in the approved affordable housing plan. C. In addition to other remedies available to the city pursuant to this division, if the developer remains in noncompliance on the date by which compliance was required, the city shall have the authority to impose one or more sanctions, including but not limited to the following, that the city deems most effective and appropriate considering the nature of the noncompliance: 1. Withholding or revoking building permits; 2. Issuing stop-work orders; and/or 3. Withholding or revoking certificates of occupancy. Section 13 That 38.410.030.G, of the Bozeman Municipal Code be amended as follows: G. Depth. Except for individual lots for individual townhomes; lots used to meet the requirements of chapter 38, division 38.380; lots serviced by an alley; or when necessitated by physical features of the land, no lot may have an average depth greater than three times its average width. 663 Ordinance No. 2105, Affordable Housing Ordinance Page 27 of 36 Section 14 That 38.420.020.A of the Bozeman Municipal Code be amended as follows: A. The area required by this subsection must be provided as a land dedication unless an alternate method of compliance is approved by the review authority. 1. When the net residential density of development is known, 0.03 acre per dwelling unit of land must be provided. a. When the net residential density of development is known at the time of preliminary plat and net residential density is in excess of eight dwellings per acre, the requirement for dedication for that density above eight dwellings per acre must be met with a cash donation in-lieu of the additional land unless specifically determined otherwise by the review authority. b. If net residential density is in excess of eight dwellings per acre, the requirement for dedication for that density above eight dwellings per acre must be met with a cash donation in-lieu. c. When developed as group quarters, such as group living or community residential facilities, rather than individual dwelling units, in lieu of 0.03 acres per dwelling unit, an area of 575 square feet per resident must be provided. d. Land dedication or its equivalent must not be required for any dwelling units or group quarters occupancy in excess of the following: (1) For development within the R-1, R-2, and R-MH zoning districts, the maximum net residential density must be ten dwelling units or 22.5 persons in group quarters per acre. (2) For development within the R-3, R-4, R-5, R-O, and REMU zoning districts, the maximum net residential density must be 12 dwelling units or 27 persons in group quarters per acre. (3) For development within other zoning districts not previously specified and developed for residential uses, the maximum net residential density must be 12 dwelling units or 27 persons in group quarters per acre. 2. If net residential density of development is unknown, 0.03 acres per dwelling unit must be provided as follows: a. For initial subdivision or other development: (1) Within the R-1, R-2, and R-MH zoning districts: an area equal to that required for six dwelling units or 13.5 persons in group quarters per net acre. (2) Within the R-3, R-4, R-5, REMU, and unless legally restricted from residential uses the R-O zoning districts: an area equal to that required for eight dwelling units or 13.5 persons in group quarters per net acre. 664 Ordinance No. 2105, Affordable Housing Ordinance Page 28 of 36 (3) Within other zoning districts which are intended for residential development: the equivalent to an area dedication for six dwelling units or 13.5 persons in group quarters per net acre must be provided as cash-in-lieu. b. For subsequent development when net residential density becomes known, the net residential density per acre above the minimum established above must be rounded to the nearest whole number and applied as shown in the following table. All prior provision of parkland for the project site must count towards the maximum required dedication. Table 38.420.020.A Parkland Dedication Provisions Zoning District Required Dedication per Dwelling Maximum Required Dedication per Acre Cash-in-Lieu Required R-1, R-2, R-MH .03 acres or equivalent 10 dwellings Yes R-3, R-4, R-5, R-O, and REMU .03 acres or equivalent 12 dwellings Yes All other districts .03 acres or equivalent 12 dwellings Yes Required area per person Maximum required dedication per net acre Group quarters 575 square feet or equivalent 27 persons Yes 3. Special case. The city has established chapter 38, division 380, to encourage the provision and development of affordable housing. Reductions in required parkland dedication are established in section 38.380.300. The reductions in parkland dedication to conform to division 38.380, may not reduce the development's parkland requirements below the minimum established by MCA 76-3-621. Section 15 That 38.540.050.A.1 of the Bozeman Municipal Code be amended as follows: A. The following minimum number of off-street, paved parking spaces for motor vehicles and bicycles must be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth. When calculation of the required parking results in a fraction of a parking space being required, the fractional space is not required to be provided. 1. Residential uses. 665 Ordinance No. 2105, Affordable Housing Ordinance Page 29 of 36 a. Minimum requirements. The number of spaces shown in Table 38.540.050-1 must be provided subject to the adjustments allowed in this subsection 1. Parking stalls required pursuant to the Americans with Disabilities Act or other similar federal or state law may be provided from the minimum number of required parking stalls. All site plans submitted for permit purposes must identify parking space allocations. Fees may be charged by the landowner for the use of required parking spaces. (1) For projects submitted through a site plan or special use permit review process, one One parking space for each 24 uninterrupted linear feet of available street frontage usable for on-street parking directly adjacent to a lot may be deducted from the total parking spaces required for a development. The number of on-street spaces calculated may not exceed the number of dwellings on the lot. The width of drive accesses, designated non-parking areas, vision triangles, and similar circumstances may not be considered to be available for the purpose of on-street parking space. Table 38.540.050-1 Dwelling Types Parking Spaces Required per Dwelling Lodging house 0.75 spaces per person of approved capacity Efficiency unit 1.25 (1.0 in R-5) One-bedroom 1.5 (1.25 in R-5) Two-bedroom or more 2 (1.75 in R-5) Three-bedroom 3 (2.5 in R-5) Dwellings with more than three bedrooms 4 (3 in R-5) Group homes and community residential facilities 0.75 spaces per person of approved capacity1 Bed and breakfast 1 space/rental unit Manufactured home 2 All types of dwellings within the B-3 district 1 Group living /cooperative household/fraternity/sorority 1 space per resident1 Transitional and emergency housing 0.25 spaces per person of approved capacity1, 2 Additional services and facilities to serve non-residents must provide parking in accordance with Table 38.540.050-3. 1 A transitional and emergency housing facility, group home, group living, cooperative household, or community residential facility may request to provide fewer parking spaces if the applicant provides evidence that some or all residents are prohibited from operating motor vehicles. Under no condition may less than two parking spaces be provided. If the use of the facility is altered to serve a different population who may 666 Ordinance No. 2105, Affordable Housing Ordinance Page 30 of 36 operate motor vehicles, then the additional required parking must be provided before the change in use may occur. 2 Additional services and facilities to serve non-residents must provide parking in accordance with this Table 38.540.050-3. b. Adjustments to minimum requirements. (1) Affordable housing. When calculating the amount of required parking for affordable housing, as defined in section 38.700.020 of this chapter, if the project is guaranteed for use as affordable housing for a minimum period of 20 30 years and the use as affordable housing is subject to long term monitoring to ensure compliance and continued use as affordable housing, required parking spaces must be calculated based on number of bedrooms outlined in Table 38.540.050-1, but may not exceed 1.5two spaces per unit. (2) Residential uses in mixed-use projects. In order to utilize this section, the long term availability of the non-residential parking spaces upon which the use of this section was based must be ensured to the residents of the project. For the purpose of this section a building is considered mixed-use if the non-residential portion of the building is at least one-quarter of the gross square feet not used for parking. Residences in mixed-use buildings may count on-street parking per subsection 1.a.(1) of this section even if the area is subject to occupancy time limits. The use of this section does not preclude the use of other sections of this chapter which may have the effect of reducing the required amount of parking. When calculating the amount of required parking for residential uses within a mixed-use project the amount of parking may be reduced subject to Table 38.540.050-2. Table 38.540.050-2 Reduction Allowed Ratio of Required Non-residential to Required Residential Parking Spaces 50% Greater than 1:1 but less than 3:1 100% Equal to or greater than 3:1 (3) A car-sharing agreement meeting the criteria established by the community development director may be used to meet the required number of parking spaces. To use this option the development must have more than five dwelling units. Each vehicle provided through a car sharing agreement counts as required parking at a ratio of one dedicated car-share space to five standard spaces, up to a maximum of 50 percent of the total required residential parking. (4) Transit availability. A residential development subject to site plan review may take a ten percent reduction in required parking spaces where the development is within 800 feet of a developed and serviced transit stop. For the purpose of this subsection a transit stop is eligible when it has a shelter 667 Ordinance No. 2105, Affordable Housing Ordinance Page 31 of 36 installed which meets the standards of and is approved by the transit provider, and service is provided on not less than an hourly schedule a minimum of five days per week. Section 16 That 38.700.020, A definitions, of the Bozeman Municipal Code be amended to include terms as follows with all other elements remaining as presently written: Affordable Home. A residential dwelling unit for rent or purchase that a subdivider or developer has committed to making affordable as an affordable home at the AMI levels to qualify for the incentives in 38.380. Affordable housing. Housing for persons earning less than 65 percent of the area's annual median income for rental housing and 100 percent of the area's annual median income for purchased housing. Further, aAffordable housing does not require greater than 33 percent of the household gross annual median income for housing. Annual median income is defined by the Department of Housing and Urban Development. Section 17 That 38.700.050, D definitions, of the Bozeman Municipal Code be amended to include terms as follows: Developer. For purposes of division 38.380, a developer is the person or legal entity, or their successor(s) in interest who: (a) submits an affordable housing plan for a subject property along with other submissions required for land use approvals, annexation, zoning, or permit reviews by the city, or (b) is the owner of property subject to this division during the development phase or a successor in title, such as a builder or subsequent property owner, obligated to implement the affordable housing plan with respect to one or more lots or parcels of land or (c) receives incentives for the production of low income affordable housing. Section 18 That 38.700.090, H Definitions, of the Bozeman Municipal Code be amended as follows with all other elements to remain as presently written: Household. A. A person living alone, or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities: 668 Ordinance No. 2105, Affordable Housing Ordinance Page 32 of 36 1. Any number of people related by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship; 2. Not more than four unrelated people; or 3. Two unrelated people and any children related to either of them. 4. Any group of persons authorized by the federal fair housing act to occupy an individual dwelling as a single housekeeping unit. 5. Persons or groups granted a request for a reasonable accommodation to reside as a single housekeeping unit pursuant to section 38.35.090. 6 5. "Household" does not include: a. Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie, cooperative housing or like organization; b. Any group of individuals whose association is temporary or seasonal in nature; c. Any group of individuals who are in a group living arrangement as a result of criminal offenses; or d. Any group of individuals living in a structure permitted as transitional or emergency housing pursuant to this chapter. Section 19 That 38.700.170, S Definitions, of the Bozeman Municipal Code be amended as follows with all other elements to remain as presently written: Street types. For the purposes of these regulations, street types are defined as follows: 1. Alley. A street used primarily for vehicular access to the rear of properties which abut and are served by public or private streets. 2. Arterial. A street or road having the primary function of moving traffic with emphasis on a high level of mobility for through movement and the secondary function of providing limited access to adjacent land. Arterial streets are generally designated in the city transportation plan, however, streets not depicted in the city transportation plan may be designated as arterials by the review authority specified in section 38.200.010. a. Principal arterial. Serves the major centers of activity, the highest traffic volume corridors, and the longest trip distances in an urbanized area. This group of streets carries the highest proportion of the total traffic within the urban area with typical loads of 10,000 to 35,000 vehicles per day. Most of the vehicles entering and leaving 669 Ordinance No. 2105, Affordable Housing Ordinance Page 33 of 36 the urban area, as well as most through traffic bypassing the central business district, utilize principal arterials. Significant intra-area travel, such as between central business districts and outlying residential areas, and between major suburban centers, are served by major arterials. b. Minor arterial. Interconnects with and augments the urban principal arterial system. It accommodates trips of moderate length and at a somewhat lower level of travel mobility than principal arterials, and it distributes travel to smaller geographic areas. With an emphasis on traffic mobility, this street network includes all arterials not classified as principal arterials while providing access to adjacent lands. Minor arterials typically carry 5,000 to 15,000 vehicles per day. 3. Collector. A street or road that provides equal priority to the movement of traffic, and to the access of residential, business and industrial areas. This type of roadway differs from those of the arterial system in that the facilities on the collector system may traverse residential neighborhoods. The system distributes trips from the arterials to ultimate destinations. The collector streets also collect traffic from local streets in the residential neighborhoods, channeling it into the arterial system. Collectors typically carry 2,000 to 10,000 vehicles per day. Collector streets are typically designated in the city transportation plan, however, additional streets may be designated as collectors by the review authority specified in section 38.200.010. 4. Cul-de-sac. A street having only one outlet for vehicular traffic and terminating in a turnaround area. 5. Dead-end street. A street having only one outlet for vehicular traffic. 6. Half-street. A portion of the width of a street, usually along the outside perimeter of a subdivision, where the remaining portion of the street must be located on adjacent property. 7. Local streets. A street having the primary purpose of permitting access to abutting lands and connections to higher systems. Generally, service to higher speed traffic movements are intentionally discouraged. They typically carry 1,000 to 3,000 vehicles per day but can carry in excess of 6,000. 8. Loop. A local street which begins and ends on the same street, generally used for access to properties and to control traffic access to arterials or collectors. 670 Ordinance No. 2105, Affordable Housing Ordinance Page 34 of 36 9. Yield Street. A local street with reduced right of way and unique design features to address close proximity of motor vehicle and other forms of travel. Section 20 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 21 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. Nothing in this Ordinance negates or absolves any obligation or requirement imposed on any person by any previous version of the Bozeman Municipal Code regarding affordable housing, which remain in full force and effect. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 22 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 23 Codification. This Ordinance shall be codified as appropriate in Sections 2 – 19. Section 24 671 Ordinance No. 2105, Affordable Housing Ordinance Page 35 of 36 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2022. The effective date of this ordinance is __________, __, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: 672 Ordinance No. 2105, Affordable Housing Ordinance Page 36 of 36 _________________________________ GREG SULLIVAN City Attorney 673 Memorandum REPORT TO:City Commission FROM:Susana Montana, Senior Planner, Development Review Division Brian Krueger, Manager, Development Review Division Anna Bentley, Interim Director and Deputy Director, Community Development Department SUBJECT: Approve the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) application for the 58 acre Site. MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve the Preliminary Planned Unit Development for the Billings Clinic Bozeman Medical Campus. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The Department of Community Development received a Preliminary Planned Unit Development (P – PUD) submittal on June 29, 2022 for the 58- acre medical service “campus” at the northeast edge of the City to request deviations or waivers from specific Bozeman Municipal Code (BMC) standards to allow greater building heights, more signage, different street lights, lower block frontage standards, a block size waiver, and to allow all types of residential uses in the B-2-zoned Site. The campus has an adopted Master Site Plan and an approved Phase 1 site plan for the medical office building currently under construction. The P-PUD deviations would enable the development of the Site per the adopted Master Site Plan. UNRESOLVED ISSUES:None ALTERNATIVES:None 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. Impact fees would be collected at the time of issuance of building permits for individual developments within the Site, along with City sewer and water connection fees. 674 Attachments: 22244 Billings Clinic P PUD Commission memo.pdf 22244 Billings P PUD CC staff rpt.pdf Attachment A Billings Clinic Bozemanm Prelim PUD Document and Guidelines-08 19 22.pdf Report compiled on: August 17, 2022 675 Commission Memorandum REPORT TO: Mayor and City Commission FROM: Susana Montana, Senior Planner, Community Development Department SUBJECT: Preliminary Planned Unit Development (P-PUD) application for the Billings Clinic Bozeman Medical Campus; Application No. 22244. 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: September 13, 2022 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve the Preliminary PUD for the Billings Clinic Bozeman Medical Campus as it enables the development of the adopted Master Site Plan for the Billings Clinic Bozeman Medical Campus. BACKGROUND: 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: August 17, 2022 Attachments: Staff Report Applicant’s Narrative Approved Master Site Plan 676 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 1 of 21 Application No. 22244 Type: Preliminary PUD Plan Preliminary Planned Unit Development (P-PUD) for the Billings Clinic Bozeman Medical Campus, per BMC 38.430.040.A.2, Preliminary PUD Plans and 38.430.070, Phased PUDs. Project Name Billings Clinic Bozeman Medical Campus Preliminary PUD Summary [Please see Attachment A for the Applicant’s full application narrative] This PUD Preliminary Plan accompanies the base B-2, Community Business zoning for the Billings Clinic Bozeman Medical Campus--a mixed-use development of a 58-acre vacant property located in the northwest edge of the City. This medical campus has been approved as a Master Site Plan [Project No. 20216] and its first 125,000 square foot (sf) Phase 1 ambulatory medical service building Site Plan [No. 20213] has been approved and is under construction on a 10-acre portion of the campus at its northeast edge [see Figures 5 and 6 below]. The Community Development Board reviewed the PUD Concept Plan on March 7, 2022 (Project No. 21471) and reviewed this P-PUD on August 15, 2022 and recommends approval of the P-PUD. The P-PUD provides deviations to the B-2 zoning and other zoning and design standards of the Bozeman Municipal Code (BMC) for the “campus” Site in order to facilitate a long-range development that would fulfill the Applicant’s medical service mission for this Bozeman campus. The P- PUD is consistent with, and would enable implementation of, the adopted Master Site Plan. The B-2, Community Business District allows medical services as a principal use. However, there are standards within the B-2 zone that the Applicant believes would limit the full achievement of the Applicant’s objectives for this integrated medical campus. The Applicant proposes this PUD with the following summarized deviations to the BMC to enable and facilitate their objectives [see also Table 1 on page 5 of this report and on pages 13 through 17 of Attachment A]. The deviations to the Bozeman Municipal Code (BMC) sought are: (1) BMC Table 38.310.040.C. All types of residential use, including on the ground floor, in a B-2 zone. This deviation would allow dwelling units of all types on all floors of buildings within the campus (see Deviation/Relaxation No. 1 found on page 13 of the Applicant’s Narrative in Attachment A). Staff supports this deviation. (2) BMC 38.320.050. Building Height. Where the B-2 zone lying within a Regional Commercial and Services Growth Policy designation allows a 90-feet building height for pitched roof buildings and 75-feet for flat roof buildings, the Applicant seeks building heights of up to 151-feet and 8 stories in Areas B and D in the south-central and south-east portions of the campus and seeks heights of 104-feet and 6 stories in Areas A, C and G (see Area map on Figure 4 on page 10 below, Deviation No. 2 on page 13 of Attachment A and height exhibits on pages 42 through 45 of Attachment A). Staff supports this deviation. (3) BMC 38.560.060. Signage. Since the 58-acre Site is a single parcel/lot, the standard way to regulate the maximum amounts of signage on a per lot basis does not work for this campus. Rather than a “per lot” measurement of signage, the PUD would establish a “per linear foot of the building” limit for wall signs. In addition, the PUD would increase the height and signage square footage of identifying “monument” signs (see Deviations 3, 4, 5 and 6 on pages 13 and 14 of Attachment A and signage standards on pages 54 through 58 of Attachment A). Staff supports this deviation. 677 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 2 of 21 (6) City Commission Resolution For Standard Streetlight Design. The Phase 1 development of the campus medical center was allowed by the City Engineer to install black streetlight poles instead of the City standard dark green poles. Deviation No. 7 would allow the continued use of the black streetlight poles and fixtures within the campus. Note that this is not a zoning deviation but, rather, is an adopted City policy by the City Commission. The City Commission must explicitly grant this request. The City Engineer supports this alternate street light fixture for the entire campus provided the developer maintains repairs and provides an adequate supply of replacement parts for the black street light fixtures. [Staff supports this deviation]. (4) (7) BMC 38.540.050-3, Parking Minimum and Maximum Quantities. Deviation No. 8 would exempt all developments within the PUD Site from any minimum or maximum parking requirement. In its place, each lot owner/developer would prepare a parking needs assessment to determine the number of parking spaces s/he deems necessary to satisfy their own or their tenants’ needs. Per this deviation, residential or commercial parking provided could be met via surface lots, parking garages and/or on-street parking (where BMC limits on-street parking to meet only residential demands). [Staff supports this deviation]. (5) (8) BMC 38.510.030.M, Block Frontage Standards for Parking Structures. Deviation No. 9 would exempt parking structures from having to have retail, office or residential uses placed or “wrapped” around on the building’s ground floor space. Staff questioned whether this deviation would produce a “superior” structure and “neighbor” to the campus. The Applicant explained that this deviation was necessary for medical service-related garage structures and that retail or office uses “wrapped” around the ground floor of the garage would be a distraction and would not support the medical service use that the garage services. Since this is a medical service campus, staff defers to the Applicant as an expert in the needs of its medical service providers and, therefore, supports this deviation in order to produce a better, if not superior, garage function for the adjacent medical service facilities that it serves. [Staff supports this deviation]. (9) BMC 38.540.050.A.4 Bicycle Parking. Deviation No. 10 would reduce the number of bicycle parking spaces required from the BMC standard 10% of the number of vehicle spaces required (note that no vehicle parking would be required per Deviation No. 8) to 10% of the number of staff parking spaces provided and 2% of the number of patient/visitor parking spaces provided. The Applicant’s rationale is noted on page 16 of Attachment A. Staff supports this deviation with the condition that the vehicle parking needs assessment to be conducted for each development site plan application also determine the bicycle parking needs for the particular site plan development and that demand be met per BMC standards. 678 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 3 of 21 (10)BMC 38.510.030.D. Block Frontage. Deviation No. 11 would exempt all buildings and parking lots from all block frontage requirements of 38.510.030, with the exception that buildings with frontage along a public street must meet the applicable Block Frontage transparency requirements. Should this deviation be granted, (a) Buildings may be setback from the street any distance; (b) building side or rear facades may face the street but if facing a public, City-maintained street, it must meet the applicable Block Frontage transparency requirements; (c) parking may be located on all sides of a building; (d) parking structures may front on internal or frontage streets and do not have to have commercial space “lining” or “wrapping” around the façade; (e) parking along streets may exceed 50% of the street frontage; and (f) ground floor residential units would not be assured the privacy and safety standards of subsection J, Special Residential Block Frontage standards. Staff supports these deviations provided sufficient separation is provided between pedestrian walkways and dwelling units to assure privacy and safety. (11).BMC 38.410.040. Block Size. / Block length and width (Deviation 12 found on page 17 of Attachment A). The approved Master Site Plan for this “campus” accommodates a variety of block sizes, lengths, width and configurations. This is a single lot and the Applicant has divided the development of the campus into 7 Areas [see Figure 4 below]. This deviation exempts development within this single lot “block” from the BMC standards for 300 to 400 maximum length and 200 feet maximum width blocks. Staff supports this deviation. B-2,Community Business District Growth Policy Regional Commercial and Services Parcel Size 58-acres Overlay District(s) None Street Address Unaddressed except for the Phase 1 medical office building at 3905 Wellness Way, Bozeman, MT Legal Description Lot 2A-1, Minor Subdivision 221F of S26, T1 S, R5 E, P.M.M., City of Bozeman, Gallatin County, Montana. Owner Billings Clinic, Mitch Goplen, VP Facilities Services, Billings, Montana. Applicant Same as above Representative Angela Milewski, BHA Design, Fort Collins CO Staff Planner Susana Montana Engineer Alicia Paz-Soliz Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad NA -- not required NA NA NA Advisory Boards Board Date Recommendation Development Review Committee (DRC) July 20, 2022 The application is adequate, conforms to standards, and is sufficient for submittal of a Preliminary PUD. Community Development Board acting as Design Review Board August 15, 2022 Recommended approval as presented in the staff report. 679 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 4 of 21 Sec. 38.430.040.A.2.d and 38.430.070.C.3 of the BMC requires the Community Development Board, acting as the Design Review Board, to review the PUD Preliminary and Phased PUD Plan to offer comments and recommendations to the Applicant for any appropriate revision to the Preliminary PUD and to offer recommended conditions of approval to the City Commission for their determination on the application. Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 PROJECT SUMMARY Pursuant to BMC Section 38.430.040.A.2.c, The City Commission is the Review Authority for Preliminary PUD applications. Per 38.230.040, the Community Development Board, acting as the Design Review Board (DRB), is required to make advisory comments and a recommendation to the Bozeman City Commission on this application. The Community Development Board, acting as the Design Review Board, met on this application on August 15, 2022 and, by consent agenda Motion, recommended approval as presented in the staff report. (1) SUMMARY OF STAFF RECOMMENDATIONS ON THE PRELIMINARY PUD PLAN PROPOSED DEVIATIONS 1. Staff supports the building height deviations, which address Community Plan Policy DCD-2.4 which states: “Evaluate revisions to maximum building height limits in all zoning districts to account for contemporary building methods and building code changes”. 2. Staff supports the signage deviations provided roof signs are not permitted. 3. Staff supports the block size deviations, which were approved with the campus Master Sign Plan. 4. Staff supports the Residential use deviations as proposed which positively addresses Community Plan Policy N-1.12 to “Encourage major employers to provide employee housing within walking/biking distance of place of employment” and Policy N-1.1 which states ”Promote housing diversity, including missing middle housing”. 5. Overall, the 12 proposed deviations, with the recommended condition of approval noted below, would produce a superior design for this unique 58-acre, single-ownership medical “campus” which would be guided in its multi-year and multi- phased development by the adopted Master Site Plan. The proposed deviations would facilitate the design and development of that Master Site Plan. Recommended Conditions of Approval 1. Deviation 3—Signage. Roof signs shall not be allowed. 2. Deviation 10—Bicycle Parking Quantity. For each site plan submitted, a vehicle parking needs assessment must be provided which also determines the bicycle parking needs for the particular site plan development and that bike parking demand be met per BMC standards. 3. The locations of the 2 sheltered bus stop proposed for two Performance Points to qualify for this P-PUD must be shown on a campus map as part of the Final PUD Plan submittal 680 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 5 of 21 Table 1: Summary of the requested deviations for the PUD Proposed Deviation No. BMC Code Deviation Staff Support 1 Table 38.310.040.C Allow all residential uses as-of-right Yes 2 Table 38.320.050 Increase allowable building heights to 151’/8 stories in Area B and D; and allow 104’ and 6 stories in Area A, C and G. Yes 3 Table 38.560.060 Since this Site is a single lot, instead of a maximum sign area per lot, the maximum wall sign area would be 2 per façade and 250 sf for medical buildings and 1 wall sign per frontage and 1.5 sf per linear foot of building frontage. Yes, provided roof signs are not permitted per Condition No. 1 4 Table 38.560.060 Allows monument signs up top 20’ height and 175 sf in sign area for medical buildings. Yes 5 Table 38.560.060 Allows monument sign height of 8’ for non-medical buildings. Yes 6 BMC 38.560.070 Allows wayfinding sign height of 9’ with a 2’ high masonry base and 100 feet separation between wayfinding signs. Yes 7 Bozeman Standard Street Lights Continue to use black street light poles and fixtures Yes, with City Engineer conditions and City Commission approval 8 Table 38.540.050-3 and 38.540.050 No minimum and maximum parking requirement for any use. Yes, provided a completed needs assessment is submitted with each site plan application 9 Sec. 38.510.030.M No “lining” of ground floor parking structures with retail, office, residential or other pedestrian-interest use Yes 10 Sec. 38.540.050.A.4 Bicycle parking reductions Yes, with a needs assessment provided with each site plan 11 Sec. 38.510.030 Exemption from Block Frontage requirements Yes 12 Sec. 38.410.040 Block size--length and width Yes 681 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 6 of 21 MAP SERIES Figure 1: Location Map 682 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 7 of 21 Figure 2: Zoning Map 683 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 8 of 21 Figure 3: Approved Master Site Plan 684 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 9 of 21 Figure 4: Campus Areas 685 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 10 of 21 Figure 5: Phase 1 development area Figure 6: Phase 1 medical office building in Area E 686 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 11 of 21 ANALYSIS AND FINDINGS Analysis and resulting recommendations 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. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Regional Commercial and Services Yes Zoning B-2, Community Business District Yes with deviations Comments: Relevant Bozeman Community Plan policies are noted below. Theme 3: A City Bolstered by Downtown and Complementary Districts. Goal DCD-1: Support urban development within the City. DCD-1.5: Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. DCD-1.7: Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and minimize disruption to the public. Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. DCD2.2: Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. DCD-2.7: Encourage the location of higher density housing and public transit routes in proximity to one another. Goal DCD-3: Ensure multimodal connectivity within the City. DCD-3.5: Encourage increased development intensity in commercial centers and near major employers. Goal DCD-4: Implement a regulatory environment that supports the Community Plan goals. DCD-4.4: Differentiate between development and redevelopment. Allow deviations of code provisions for developed parcels to allow redevelopment to the full potential of their zoning district. Bozeman Climate Plan Focus Area 3: Vibrant & Resilient Neighborhoods Solution G: Facilitate Compact Development Patterns Solution J: Increase Walking, Bicycling, Carpooling and Use of Transit. Bozeman Strategic Plan Vision Statement 3: A Safe, Welcoming Community. We embrace a safe, healthy, welcoming and inclusive community. Vision Statement 4: A Well-Planned City. We consistently improve our community’s quality of life as it grows and changes, honoring our sense of place and the “Bozeman feel” as we plan for a livable, affordable, more connected city. Staff Comment: The Billings Clinic Bozeman “campus” PUD implements the adopted Master Site Plan for the Site and, if granted by the City Commission, would facilitate the development and maturation of a new mixed use neighborhood which would provide medical and support services for City and regional residents, which would provide employment for City and regional residents, which could provide housing in close proximity to employment centers, and which would provide a compact mixed use neighborhood which would be well integrated with surrounding 687 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 12 of 21 neighborhoods and nearby emerging neighborhoods. Such a development would positively address Community Plan/Growth Policy objectives and Climate Plan policies and objectives. The Performance Point for each of two new sheltered bus stops would extend transit service to this neighborhood, facilitating lower vehicle use, greater diversity of the workforce, and would positively address the City’s Climate Plan and air quality goals. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Meets Code? Condominium ownership NA Comments: The 58-acre PUD site would remain in the Applicant’s single ownership. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: There are no current violations. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: multiple over a 20-year period Yes Comments: The campus would build-out as the market or demand for medical services expands in the area and region. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: The purpose of the PUD is to make the requested deviations permitted as-of-right. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Uses: B-2 uses including medical offices and in-patient services with associated parking, retail, signage, residential and open space uses. Yes, with approval of the PUD deviations Comments: The B-2 zone limits residential uses to apartments/dwelling units located above the ground floor, to live/work units and to group housing as principal uses. Conditional uses include apartment buildings, townhomes, rowhouses, and ground floor dwelling units. The PUD deviation would allow dwelling units of all types as a principal use on the ground floor and above in all areas of the Site. The land use deviation would also allow hospitals explicitly as a principal permitted use. Form and intensity standards 38.320 Zoning: B-2 Setbacks Required(f eet) Setbacks per approved Master Site Plan Parking / Loading Meets Code? Seeks deviations for setbacks and meets approved Master Site Plan designs Front Mixed BF:10’/Gateway:25’ NA Rear 10’ 10’ Side 5’ 0’ Alley NA NA Comments: Meets 38.510.030.D, Mixed Block Frontage Standards. 688 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 13 of 21 Lot coverage NA per approved Master Site Plan Allowed: 100% Proposed: TBD per site plan Meets Code? Yes, with approval of the proposed PUD deviations Building height Allowed: 75’ 151’ Meets Code? Yes, with approval of the proposed PUD deviations Comments: The 60’ maximum height for a B-2 zoned Site lying within a Regional Commercial and Services growth policy land use designation may be increased by 50% to 90’ as of right, depending on roof pitch. The Applicant seeks taller buildings in Areas B and D of up to 8 stories and 151’ and taller buildings of up to 6 stories and 104’ in Areas A, C and G (see Figure 4). Applicable zone specific or overlay standards 38.330-40 NA Comments: NA General land use standards and requirements 38.350 Yes Comments: The provisions of Section 38.350 would not change with the PUD deviations. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA Comments: The provisions of Section 38.360 would not change with the PUD deviations. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: The provisions of Section 38.370 would not change with the PUD deviations. The PUD does not propose any change to applicable wireless telecom facilities or affordable housing provisions. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 Yes Access easements Yes Level of Service 38.400.060 Varies from B to F See below Transportation grid adequate to serve site Yes per City Engineer Comments: The PUD proposes no deviations to City Street design standards or BMC regulations. Development within the PUD Site would follow the provisions of the adopted Master Site Plan. Some internal roads would be private and some would be public. BMC Section 38.400.060.B.4 establishes a Level Of Service (LOS) “C” as the standard for arterial and collector streets and intersections in the City, unless specifically exempted by the City Engineer. Per the Master Site Plan traffic impact study, the Full Buildout (2040) scenario capacity calculation results showed that seven study area intersections are projected to exhibit substandard levels of service (LOS) conditions on one or more approaches. The one-way stop-controlled intersection of Davis Lane/East Valley Center Road (currently designated a minor arterial road) is predicted to operate at LOS D and F, on the minor approach during AM and PM peak hour, respectively. North 27th Avenue/East Valley Center Road (collector and principal arterial) intersection is predicted to operate at a LOS F on the minor approach during the PM peak hour. The two-way stop-controlled intersections of Catamount Street/East Valley Center Road (minor arterial and principal arterial) and Davis Lane/Cattail Street (minor arterial and collector) operate at LOS D or F in the PM peak hour on both minor approaches (eastbound and westbound directions). Catamount Street/East Valley Center Road also operates at LOS F on the minor approach during the AM peak hour. The signalized intersections of Cattail Street/North 689 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 14 of 21 19th Avenue and North 19th Avenue/East Valley Center Road are predicted to have 95th percentile queues that are lengthy on all approaches primarily during the PM peak hour; North 19th Avenue/East Valley Center Road is also predicted to operate at a substandard level on three approaches in the peak AM hour. The East Valley Center Road/site access intersection is projected to have queueing in the minor approach during the PM peak hour. All other site access intersections are projected to operate at LOS B or better during AM and PM peak hours with minimal projected 95th percentile queuing. Notwithstanding these conditions, the campus Master Site Plan was approved. This P-PUD simply facilitates/enables the implementation of the Master Site Plan developments. Sidewalks 38.400.080 Meets Code? Yes Comments: No change. Drive access 38.400.090 Access to site: multiple per Master Site Plan Yes Fire lanes, curbs, signage and striping Yes Comments: No change. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities Yes Public transportation 38.400.120 Yes Comments: No change. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: NA Lot and block standards 38.410.030-040 Yes, with approval of the PUD block size deviations as approved in the Master Site Plan Midblock crossing: rights of way for pedestrians alternative block delineation Yes Comments: BMC 38.410.040. Block Size. The Master Site Plan accommodates a variety of block sizes, lengths, width and configurations. This is a single lot and the Applicant has divided the development of the campus into 6 Areas. This deviation grants the block size flexibility shown in the Master Site Plan (MSP). If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area. Yes per approved Master Site Plan Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes Comments: These elements are addressed with the approved Master Site Plan. The southwest corner of the campus Site abuts the Cattail Lake Subdivision public park. The open space network map is shown on page 28 of Attachment A. The MSP on Figure 3 above shows trail connections to this park. 690 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 15 of 21 Municipal infrastructure requirements 38.410.070 Meets Code? Yes Comments: Off-site infrastructure for each site plan must be provided and accepted by the City prior to occupancy of the development or an approved Improvements Agreement and Financial Surety must be approved by the City Engineer. Grading & drainage 38.410.080 Meets Code? Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Comments: No change to code requirements proposed as part of this PUD. Watercourse setback 38.410.100 Yes Watercourse setback planting plan 38.410.100.2.f Yes Comments: There is a watercourse on the western portion of the campus Site. The setbacks are identified on the Master Site Plan and meet BMC standards. A setback planting plan will be required with the subsequent site plan that incorporates this area. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A Yes, no deviation from this requirement is proposed Cash donation in lieu (CIL) 38.420.030 NA at this time Improvements in-lieu NA Comments: No change to code are proposed. NA Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: Parkland requirements for residential use would not change. If, and when, dwelling units are proposed for development within the campus, a site plan would be reviewed which would address parkland needs of those residents. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed Block Frontage (BF) along peripheral streets except for East Valley Center Road which is designated a Gateway BF Yes with PUD deviations Departure criteria See proposed deviations below. Yes with deviations Proposed Block Frontage Deviations: The Applicant has stated that it will follow the Mixed and Gateway BF standards with the following exceptions (deviations): 1. Primary entrances of buildings would be set-back from the street an unspecified distance as needed by the medical provider for patient safety and access; 2. Weather protection of building entrances would be provided an unspecified location or amount; 3. “Where rear or side building facades face a public street, the building would meet transparency requirements of the applicable Block Frontage designation; 4. Parking may be located on all sides of buildings; 5. Parking structures may front on a street and would not be lined or “wrapped” around with commercial uses; and 691 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 16 of 21 6. Parking along street frontages may exceed 50% of the frontage provided they are screened with vegetation with no specifications as to the landscape screening required. Staff Comment: PUD design standards and guidelines would replace BMC code provisions and it is anticipated that the PUD design guidelines and standards would demonstrate that the deviation would provide a superior project design, for the medical service providers to occupy the building(s), than the standard Block Frontage standards. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes per Master Site Plan (MSP) Relationship to adjacent properties 38.520.030 Yes per MSP Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040 Yes per MSP and if PUD deviation is granted with clarifying language noted below. Comments: Deviation sought: The Applicant seeks a larger block size deviation per the approved MSP and the approved infrastructure plans for the campus, per the MSP. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050 Yes per MSP Internal roadway design 38.520.050.D Yes per MSP Comments: No change to BMC standards. On-site open space 38.520.060 Yes Total required: TBD per individual site plan Total provided TBD per individual site plan Yes Comments: No change to code is requested. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: No change to BMC is proposed. The PUD application is seeking 14 “performance points” for additional open space to partially qualify for a PUD application. The locations of the 5.86 acres of additional open space are shown below in Figure 7 and on page 28 of Attachment A. 692 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 17 of 21 Figure 7: Performance Point Open Space Areas 693 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 18 of 21 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes with PUD approval Parking requirements residential 38.540.050.A.1 Reductions residential 38.540.050.A.1.b Parking requirements nonresidential 38.540.050.A.2 Reductions nonresidential 38.540.050.A.2.c Provided off-street Provided on-street Bicycle parking 38.540.050.A.4 Yes Comments: Deviation 8 would exempt both residential and commercial development within the campus from any minimum or maximum parking requirement and, rather, parking would be provided “based on the planned building use. A parking needs assessment would be provided with the Site Plan Review for each building phase to determine the off-street parking to be provided.” Staff opines that this “market based” approach would be suitable for such an integrated medical service campus in which parking lots would be shared by workers, clients and visitors to the campus. Surface parking lots could be deemed interim uses which could be developed over time with structured parking with commercial or residential uses above. It is recommended that parking lots be designed to provide surveillance for users, be landscaped with deciduous trees to provide shade and reduce the heat island effect of excessive pavement, and provide proper wayfinding signage for users. Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: No change to BMC standards are proposed. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes with PUD approval Building massing and articulation 38.530.040 Yes with PUD approval Building details, materials, and blank wall treatments 38.530.050-070 Yes with PUD approval Comments: The PUD seeks various deviations of Mixed and Gateway Block Frontage standards which require articulated facades that face a public street. Buildings that front on a public street must meet the transparency and building articulation (no blank walls) of the designated Block Frontage (BF) with the exception of buildings that house patient service rooms that need privacy or specialized medical treatments or equipment that cannot have windows. The PUD Design Guidelines provide minimum standards for building articulation, massing, materials, entryways, weather protection of its four facades and that states specifically where these design parameters may vary from BMC standards. Building details and materials. Comments: see above 694 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 19 of 21 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required NA Parking lot landscaping NA Additional screening NA Street frontage No change proposed Street median island NA Acceptable landscape materials No change proposed Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency TBD Comments: No change to BMC standards are proposed. Landscaping of public lands 38.550.070 No change to BMC Comments: No change to BMC standards is proposed. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 Yes, with approval of the PUD deviations Proposed SF/building NA Deviation 3 of the PUD requests that total signage area that is now permitted/calculated on a per-lot basis by BMC 38.560.060 be changed to allow wall signs and monument signs based on the linear feet of the building frontage. Staff Comments: This is appropriate for a 58-acre single lot under single ownership. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: No change to BMC standards is proposed. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: There are not floodplain zoned or wetlands within the Site. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: Public notice of the proposed P-PUD and the Community Development Board meeting and the City Commission meeting was made on August 7th and 14th by newspaper legal ad, by mail on August 5th, and by posting the Site on August 5th through the 23rd. As of the date of this report, August 17th, no public comment has been received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements NA Comments: The single 58-acre Site is not anticipated to be subdivided and would remain in single ownership. 695 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 20 of 21 11. Performance Points Earned per 38.430.090.E.2.a (7) PUD Performance Points per BMC 38.430.090.E.2.a (7). All PUD applications must earn a minimum of 20 performance points to qualify as a PUD. This application proposes the following performance points (see page 12 of Attachment A): a. Additional Open Space—14 Performance Points. BMC 38.520.060.C requires usable open space for commercial developments at 2% of the net square footage/acreage of the Site. The 58-acre “campus”, excluding streets, parking, service areas, access and required landscaping would provide 52.4 acres of net development. Two percent of the 52.4 net acres is 1.05 acres of open space needed for the commercial development within the campus. The PUD proposes to provide 6.91 net acres of active open space within the campus, which represents 5.86 net acres of additional open space (shown on page 28 of Attachment A). This additional open space equals to 11.2% of the campus area. BMC 38.430.090.E.2.a. (7) grants 1.25 Performance Points for each percent of the project area that is provided as publicly accessible additional open space. In this case, the 5.86 acres of additional open space, at 11.2% of the Site, earns 14 Performance Points for this PUD. b. Wayfinding signage—4 Performance Points. BMC 38.430.090.E.2.a (7) h grants Performance Points for integrated and coordinated wayfinding signs throughout the campus. The Applicant proposes such a program of wayfinding signage on pages 52 through 55 of Attachment A which earns 4 Performance Points for the PUD. Wayfinding signs throughout the campus are a critical need for patient expedited care. c.Bus Stop—2 Performance Points. The Applicant is negotiating with Streamline transit service to install two sheltered bus stops within the campus to earn 2 Performance Points pursuant to BMC 38.430.090.E.2.a.(7)(j). The locations have not yet been selected and must be selected and shown on a campus map as part of the Final PUD Plan submittal. Staff Comments: Staff supports the proposed Performance Points earned. 12. Review Criteria for Conditional Use Permits (Section 38.230.110) Meets Code The site for the proposed use is adequate in size and topography to accommodate such use, and all setbacks, walls and fences, parking, loading and landscaping are adequate to relate such use with the land and uses in the vicinity. Yes Comments: The 58-acre campus Site, in single ownership, is sufficient in size to meet setbacks, parking and landscaping standards and can implement the adopted Master Site Plan. The proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof. Yes Comments: The campus site continues commercial activity of the land to the southeast. The medical services activities of the PUD would be separated from the residential neighborhood to the southwest by parkland/pond and a watercourse. Lands to the north are industrial and include a freeway and lands to the northwest are in agricultural use but are proposed for mixed commercial and residential development. The 6 story building(s) allowed by the PUD deviation would produce buildings out of scale with the current surrounding lower- scale office and residential buildings. However, this is due to the need for building height to accomplish land use efficiencies, facilitate compact development and associated reduction of sprawl, improve walkability within the campus setting, and to provide sufficient vertical integration of medical service functions within the hospital building(s). Therefore, although the 696 City Commission Staff Report Billings Clinic Bozeman Medical Campus Preliminary PUD Mixed-use Planned Unit Development Application No.22244 August 19, 2022 Page 21 of 21 building height increases would be a different scale, the location of the taller buildings in the core or center of the campus would provide visual relief from their “difference” in massing and scale. The Applicant provides a viewshed study on pages 44 and 45 of Attachment A. It is also noted that adjacent vacant properties can be expected to be built-out in the near-term with up to 5 story buildings permitted in their new Residential Emphasis Mixed Use, REMU zoning. Additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Meets Code? Yes, per recommended conditions Comments: In order to positively address the criteria for Conditional Use of a P-PUD, staff recommends the following conditions of approval of the PUD: 1. Deviation 3—Signage. Roof signs shall not be allowed. 2. Deviation 10—Bicycle Parking Quantity. For each site plan submitted, a vehicle parking needs assessment must be provided which also determines the bicycle parking needs for the particular site plan development. 3. The locations of the 2 sheltered bus stop proposed for two Performance Points to qualify for this P-PUD must be shown on a campus map as part of the Final PUD Plan submittal 697 Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development Application August 2022 Prepared by: BHA Design 111 S. Meldrum St, #110 Fort Collins, CO 80521 970.223.7577 Sanderson Stewart 106 East Babcock Street, Suite L1 Bozeman, MT 59715 855.656.5225 EYP 1801 Wewatta Street, 11th Floor Denver, CO 80202 303.573.9205 698 PROJECT TEAM Applicant & Property Owner: Billings Clinic Contact: Mitch Goplen 2800 10th Avenue North Billings, MT 59101 (o) 406.657.4036 (c) 406.671.1134 mgoplen@billingsclinic.org Representative: BHA Design Angela Milewski 111 S. Meldrum St, #110 Fort Collins, CO 80521 970.223.7577 amilewski@bhadesign.com Civil Engineer: Danielle Scharf Sanderson Stewart 106 East Babcock Street, Suite L1 Bozeman, MT 59715 855.656.5255 dscharf@sandersonstewart.com Consulting Architect: Hank Burns EYP Architecture 1801 Wewatta Street, 11th Floor Denver, CO 80202 303.573.9210 kcarbonari@eypae.com PROJECT INFORMATION PROJECT LOCATION Lot 2A-1, Minor Subdivision 221F 699 TABLE OF CONTENTS Part I - PUD Information Chapter 1 - Background and Overview ..................................................................3 [1.01] Overview and History 3 [1.02] Approved Master Site Plan Graphic 4 [1.03] Property Location 5 [1.04] Zoning and Land Use 6 [1.05] Adjacent Zoning and Land Uses 6 [1.06] Utilities 7 [1.07] Physiographic Data 7 [1.08] Approved Subdivision Plat 8 Chapter 2 - Statement of Planning Objectives ..................................................................9 [2.01] Implementation of Bozeman Growth Policy 9 [2.02] PUD Objectives and Criteria Narrative 9 [2.03] Performance Points 12 [2.04] Proposed Relaxations 13 Part II - Master Plan and Development Guidelines Chapter 1 - Project Overview ........................................................................19 [1.01] Overview 19 [1.02] Intent of Development Guidelines 19 [1.03] Approved Master Site Plan Graphic 20 [1.04] Project Uses (Allowed, Anticipated) 21 [1.05] Phasing 22 [1.06] Phasing Plan 23 Chapter 2 - Site Guidelines ........................................................................25 [2.01] General Site Design Objectives 25 [2.02] Access and Connectivity 25 [2.03] General Civil Plan 26 [2.04] Building and Parking Locations 27 [2.05] Parking 27 [2.06] Open Space Network 27 [2.07] Open Space Network Diagram 28 [2.08] Site Grading and Drainage 29 [2.09] Utilities, Communication, and Refuse 29 [2.10] Grading and Drainage Plan 30 [2.11] Utility Plan 31 [2.12] Site Lighting 32 [2.13] Lighting Plan 33 Chapter 3 - Landscape Guidelines ........................................................................34 [3.01] Overview 34 [3.02] General Landscape Design Guidelines 34 [3.03] Plant Materials 35 700 [3.04] Open Space 38 [3.05] Public Art 39 [3.06] Maintenance 39 Chapter 4 - Building Design ........................................................................40 [4.01] Building Design Objectives 40 [4.02] Dimension Considerations 42 [4.03] Programmatic Considerations 46 [4.04] Building Exteriors 48 [4.05] Building Lighting 50 Chapter 5 - Signage ........................................................................51 [5.01] Wayfinding Strategy 51 [5.02] Medical Core 51 [5.03] Exterior Signage 52 [5.04] Signage Location / Wayfinding Plan 54 [5.05] Signage Permitted Upon the Issuance of a Sign Permit 54 [5.06] Signage Approval and Permitted Sign Types 58 [5.07] Signage Permit Exemptions 58 [5.08] Prohibited Signs 58 Chapter 6 - Submittal Review Requirements ........................................................................59 [6.01] Design Review Process and Requirements 59 Appendices ........................................................................60 Wetland and Waterway Delineation Report (March 26, 2015) Wetland Delineation - Western Parcel (June 2020) Geotechnical Report Letter from HRDC’s Streamline acknowledging coordination for future transit service (May 2022) 701 3Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information Chapter 1 Background & Overview [1.01] OVERVIEW AND HISTORY In 2016 Billings Clinic purchased the property near Interstate 90 with the vision of developing a full-service medical campus to serve the growing needs of Bozeman and Gallatin County. Billings Clinic worked together with the city to create a framework for this campus to support essential and allied medical services alongside complementary mixed-use, commercial, retail and residential uses. These efforts have resulted in an approved Master Site Plan, Infrastructure Plans, and construction nearly complete for the first phase. This initial phase includes a new Ambulatory Care Center (ACC) and Ambulatory Surgery Center (ASC) scheduled to open in 2022 and is designed to connect to and support future uses as the campus master plan develops over time. The Billings Clinic Bozeman Campus Concept PUD was approved on February 17, 2022 and reviewed by the Community Development Board on March 7, 2022. We are pleased now to submit the Preliminary PUD documents for the campus. Previous approvals and reviews: • Growth Policy Map Amendment (GPA) changing the designated land use of the campus to Regional Commercial and Services (completed) • Zoning Map Amendment (ZMA) requesting Community Business District (B-2) zoning for the portion of Lot 2A of Minor Subdivision 221E that had been zoned Residential Office (R-O) (completed) • Amended Plat of Tract A of Certificate of Survey No. 165A and Lot 2A of Minor Subdivision 221E, acquisition of a portion of Tract A of Certificate of Survey No. 165A (the “County Parcel”) by Billings Clinic (completed) • Master Site Plan and Infrastructure Plans (completed and approved). • Site Plan Review for Phase 1 improvements (completed, under construction) • Annexation and zoning of westerly 4.2 +/- acres, formerly owned by the Vaniman family (completed) • Concept PUD - approved February 2022, reviewed by the Community Development Board on March 7, 2022 702 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 4 [1.02] APPROVED MASTER SITE PLAN GRAPHIC 703 5Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information Figure 1. Project Vicinity Map. [1.03] PROPERTY LOCATION 704 6Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information [1.04] ZONING AND LAND USE a. Underlying Zoning: B-2 with Regional Commercial and Services designation b. Existing Uses: • Initial phase area: Medical Office, Clinics, Outpatient Surgery Center • Remaining property: Vacant [1.05] ADJACENT ZONING AND LAND USES The PUD property is Zoned B - 2. To the north of the campus is Tract A - 1 (the existing Vanniman residence), an undeveloped parcel zoned R - 5, East Valley Center Road, and Interstate 90. Across Interstate 90 is the Municipal Waste Water Treatment plant and some residential development. To the south of the site is the First Student bus depot on property owned by the Bozeman School District zoned PLI. This property is intended for the construction of a public school. Also to the south of the campus is the Cattail Lake residential subdivision and Cattail Lake Public Park. These properties are zoned R-4. Further south there is a mix of single and multi-family residential and commercial uses including the Costco and Target stores. These properties carry a mix of R-1, R-2, B-1, and B-3 zoning. Davis Lane borders the west side of the campus and across it is land in Gallatin County that is in agricultural use. The map below depicts surrounding zoning districts. Figure 2. Adjacent Land Use. 705 7Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information [1.06] UTILITIES A 12-inch water main runs in the right-of-way of North 27th Avenue, extending to the southeast corner of the campus. Water is provided to the campus from this main with a combination of 12-inch and 16-inch water mains and currently extends to connect with the existing 12-inch main in Davis Lane. When future phases are built within the campus, the water main within Wellness Way will be extended south within Warbler Way once that road is constructed. The line will then loop to the east to connect with North 27th Avenue. The Municipal Wastewater Treatment plant is located across Interstate 90 to the north. Sanitary sewer is proposed to flow off-site within Wellness Way and Warbler Way to a gravity main in Davis Lane that flows to the Davis Lane Lift Station and then to the treatment plant. See the utility plan for the current and proposed utilities. Figure 3. Existing and Proposed Utilities. Communications and other “dry” utilities will be provided underground in easements outside the public right-of-way within the campus. Refuse pickup will be supported by the City of Bozeman. Trash enclosures will be designed to City of Bozeman standards with each phase of new building construction. [1.07] PHYSIOGRAPHIC DATA Wetland Reports and Preliminary Geotechical Reports are included as Appendices 706 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 8 [1.08] APPROVED SUBDIVISION PLAT 707 9Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information Chapter 2 Statement of Planning Objectives [2.01] IMPLEMENTATION OF BOZEMAN GROWTH POLICY The Billings Clinic Bozeman Medical Campus PUD supports objectives within the Bozeman 2020 Community Plan: Resiliency: The vision for the campus is to provide a pedestrian-friendly destination medical campus with character unique to Bozeman and with the flexibility to adapt to the changing needs of healthcare. The PUD structure allows for development to occur over time - adapting to the needs of the community while protecting and honoring the natural and cultural resources within and near the property. City’s Complementary Districts: The Billings Clinic Bozeman Medical Campus PUD provides a framework to support the needs of the community and of the growing Baxter/Cattail District. It creates a gateway along I-90 north of existing neighborhoods and helps to extend multi-modal networks and open space/trail connections through the district, and provides missing utility and transportation infrastructure for the area. Natural Systems: The Billings Clinic Bozeman Medical Campus PUD requires protection of the adjacent natural wetland systems along Cattail Lake, provides active open space areas, and extends regional trail system connections through the campus. Accessibility and Mobility: As a medical campus, accessibility and safety is a key focus of our building, site and campus design. At the building scale, ease of access for all mobilities, covered drop-off areas, and convenient walk distances are fundamental tenets to help Billings Clinic provide excellent patient care and meet the unique requirements for medical facilities. At the campus scale, clear wayfinding, transit services, and multi-modal connections provide for a safe and efficient campus for patients, visitors and staff. Economy: The Billings Clinic Bozeman Medical Campus PUD supports the Regional Commercial Services designation by providing a key employment center along I-90 supporting the growing need for healthcare in the region. Regional Coordination: The Billings Clinic Bozeman Medical Campus PUD supports applicable regional plans and planned development patterns, and provides key infrastructure connections in the northwest portion of the Bozeman community. [2.02] PUD OBJECTIVES AND CRITERIA NARRATIVE A. PUD Information and Intent The intent of the Planned Unit Development (PUD) concept (Sec. 38.430.010.A) is to ‘promote maximum flexibility and innovation in the development of land and the design of projects…’. The Billings Clinic Bozeman Medical Campus PUD promotes each of the community objectives outlined in this section by • providing a master plan and development guidelines that supports and ensures future growth in accordance with the Bozeman 2020 Community Plan, • allowing opportunities in innovations for the changing growing and changing needs for healthcare in the Bozeman community, • fostering safe, efficient and economic use of land, transportation and other public facilities 708 10Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information (by allowing increased building heights as will be needed for healthcare uses, and providing needed transportation and utility connections in the project area), • ensuring adequate provision of public utilities, open space and parks (by providing utility infrastructure connections and increased open space), • avoiding inappropriate development of lands (by providing for adequate storm drainage infrastructure and protecting the nearby 100- yr floodplain and adjacent wetlands), • encouraging patterns of development which decrease auto travel and encourage trip consolidation (by creating a campus of medical and allied services reducing the number of trips for patients receiving care) • promoting the use of bicycles and walking as effective modes of transportation (the campus provides for connected buildings with distributed parking, small walkable blocks, pedestrian connections and regional bike trail connections) • reducing energy consumption and demand (through development standards requiring LED site lighting and by allowing for a campus of connect medical and allied services supporting efficient use of medical resources and reducing the number of trips for patients receiving care) • protecting the site’s natural resources and special features • creating a high-quality design character through the use of Development Guidelines for the campus, • creating a compatible development fitting the character of the area and the vision for the I-90 area, • providing a logical and compatible master planned campus, • promoting the efficient use of land resources with Development Guidelines that allow for a mix of uses • protecting the public health, safety and general welfare within the applicable charters, regulations and growth policies B. Compliance with PUD Design Objectives (Sec38.430.090.E.) 1. Does the development comply with all city design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? All services within the PUD conform to the current building codes adopted by the City of Bozeman building department. Streets, curb and gutters have been designed to meet the City Design Standards. Trails, walks and bikeways meet the City’s requirements. Future phases of development are planned to comply with these requirements. 2. Does the project preserve or replace existing natural vegetation? Natural vegetation within the PUD area is limited to trees and shrubs along the Cattail Creek drainage. The PUD preserves these areas of vegetation within the wetland boundary and wetland buffer areas. 709 11Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information 3. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? While the final land uses and building/site configurations of the development phases over time are not yet known, the approved Master Site Plan outlines the vision for a cohesive PUD that allows for safe and efficient circulation while meeting the unique needs of larger medical facilities and supporting uses. 4. Does the design and arrangement of elements of the site plan (e.g., building construction, orientation, and placement; transportation networks; selection and placement of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? The Master Site Plan and the PUD provide for a connected, walkable, campus to allow for flexibility in the design and arrangement of buildings to support reduction of vehicle trips once the campus destination is reached. The Development Guidelines encourage energy reduction measures by: • Building design encouraging passive solar techniques • Use of xeriscape practices for irrigated landscape areas, and use of low- or non- irrigated seed areas in perimeter areas with less public use to reduce irrigation demand for the campus. Use of well water for landscape irrigation where possible to reduce demand on the City’s treated potable water system. All buildings will conform to the current City of Bozeman energy conservation codes. 5. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy of residents of the project? There are no residential uses immediately adjacent to or included within the project at this time, but the Master Site Plan allows for arrangement of site elements to maximize privacy of any future residential uses if developed within the PUD area. 6. Parkland. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of parkland or open space been provided for each proposed dwelling as required by section 38.420.020? The PUD allows for but does not include any dwelling units, but parkland requirements can be met within the structure of the PUD if residential uses are proposed in the future. C. Proposed Ownership The PUD property is owned by and will be developed by Billings Clinic. It is the intent of Billings Clinic to improve the site as proposed in the Billings Clinic Bozeman Medical Campus PUD plans. Future phases of the property may be developed in partnership with other entities or sold to users who will improve those lots for their respective uses as defined in the PUD and based on the Master Site Plan and Development Guidelines. 710 12Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information D. Employee Data Estimated between 500 and 1,000 employees depending on the final build-out of the 20-year plan vision. [2.03] PERFORMANCE POINTS All PUDs must earn at least 20 performance points. The following PUD performance points are met (20 total points): (b) Additional open space – 14 points The PUD requires 5.86 acres of additional Active Open Space area (11.2% additional). See Part II - Section [3.05] (h) Integrated and coordinated way-finding measures – 4 points See Chapter 5 for Wayfinding Sign plans and sign design guidelines (j) Public transportation bus station or enhanced covered bus stop (one point per station or enhanced stop) – 2 points Billings Clinic is coordinating with the Director of the HRDC Streamline transit program regarding future planned routes in the area. The 2021 Transit Development Plan indicates a planned Route F in this area, and they also anticipate that a route along Davis Lane may be needed in the future. Billings Clinic is committed to support the planned HRDC routes in this area by providing two or more enhanced covered bus stops within the PUD area with final locations to be determined in partnership with the HRDC. 711 13Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information [2.04] PROPOSED RELAXATIONS The following lists twelve relaxations of the City of Bozeman UDC requirements for the underlying zoning classification at the Billings Clinic Bozeman Medical Campus. Relaxation 1: Additional Residential Uses to allow for potential opportunities or partnerships for housing. Table 38.310.040.C restricting ground floor residential as a Conditional Use and other types of residential uses not permitted. ‘Hospital’ use is not identified as a use. This relaxation will allow: • Additional housing types (Cottage housing, single, two, three, and four household dwellings as Permitted Uses) • Will allow all types of residential uses including ground floor residential • Clarifies ‘Hospital’ as a Permitted Use Justification: By allowing additional housing types that are restricted or not otherwise permitted in the B-2 zone district, the PUD provides more opportunity to support a variety of housing types as part of the planned medical campus than is otherwise allowed. Relaxation 2: Increased building height to allow for the flexibility for multi-story flat- roof buildings to support a walkable medical campus. Table 38.320.050 limits building height of buildings with roof pitch <3:12 to 75’ within areas designated as Regional Commercial and Services growth areas. Multi-story medical facilities are typically flat-roofed and have a taller floor-to-floor height than other building types. This relaxation will allow: • 8 story buildings (or 151’ height , whichever is greater) in Zones B and D, and • 6 story buildings (or 104’ height, whichever is greater) in Zones A, C and G Remaining Zones not indicated above will be governed by the current B-2 zoning requirements. Justification: Allowing the flexibility for taller building heights in specified portions of the campus provides a superior development over the UDC standard by: • supporting the flexibility to provide multi- story medical facilities that may require taller floor-to-floor heights, and • identifying the locations within the campus for lower and higher building heights based on land use. Relaxation 3: Establish specific signage allowances based on the defined wayfinding plans instead of by lot. Table 38.560.060 limits total signage maximum area to 400 sq. ft. per lot This relaxation will increase the sign allowance for the PUD area to be regulated by sign type and use type throughout the campus as defined in the wayfinding sign guidelines in Chapter 5 of the Master Plan and Development Guidelines Justification: Medical campus wayfinding signage are designed to assist patient and visitors to quickly locate their destination. Medical structure signage needs to be visible from major roadways surrounding the campus and needs to be sized for long distance viewing. Hospitals and medical service structures will typically need signage on 3-4 sides to maximize visibility, which helps consumers find the facility. The current UDC standard limits total signage area to 400 sq. ft. per lot. As a 38-acre medical campus, this allowance would not be sufficient to provide the 712 14Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information quantity and size of building signs needed to identify medical structures providing emergency, urgent care, and other medical services as well as providing vehicular directional signage that would help consumers find the correct entry and service. By providing a relaxation for larger signs for medical use structures, patients and visitors will be able to find urgent care and emergency services more quickly, especially from the interstate and secondary perimeter roads, and enhancing this campus as a community asset. Relaxation 4: Increase Monument Sign maximum size to improve campus identification and navigation to medical buildings from the interstate and surrounding area. Table 38.560.060 limits Monument sign maximum height to 5’-0” and sign face area to 32 sq. ft. This relaxation will allow up to 20’ height and 175 sq. ft. in sign area for Medical Campus Monument Signage Justification: Medical campus wayfinding signage are designed to assist patient and visitors to quickly locate their destination. Medical structure signage needs to be visible from major roadways surrounding the campus and needs to be sized for long distance viewing. Hospitals and medical service structures will typically need signage on 3-4 sides to maximize visibility, which helps consumers find the facility. The current UDC standard limits total signage area to 400 sq. ft. per lot. As a 38-acre medical campus, this allowance would not be sufficient to provide the quantity and size of building signs needed to identify medical structures providing emergency, urgent care, and other medical services as well as providing vehicular directional signage that would help consumers find the correct entry and service. By providing a relaxation for larger signs for medical use structures, patients and visitors will be able to find urgent care and emergency services more quickly, especially from the interstate and secondary perimeter roads, and enhancing this campus as a community asset. Relaxation 5: Increase Monument Sign maximum height for non-medical buildings to support a vibrant mix of businesses and uses on the medical campus. Table 38.560.060 limits Monument sign maximum height to 5’-0”. This relaxation will allow up to 8’ height for non-medical buildings Justification: The wayfinding sign system provides visual continuity throughout the campus for both medical and non-medical uses. Increasing the maximum height of these non-medical signs allows for all signs to support the overall sign system better than the UDC standard. Relaxation 6: Increase wayfinding signage height and quantity to improve visibility, durability, and navigation throughout the medical campus. Section 38.560.070 limits wayfinding signage to 7’ height (inclusive of the support base) and quantity to one wayfinding sign per block face. This relaxation will allow up to 9’ height with 2’ high masonry base and 100 ft. separation between wayfinding signs Justification: Medical campus wayfinding signage are designed to assist patient and visitors to quickly locate their destination. Medical structure signage needs to be visible from major roadways surrounding the campus and needs to be sized for long distance viewing. Hospitals and medical service structures will typically need signage on 3-4 sides to maximize visibility, which helps consumers find the facility. The current UDC standard limits total signage area to 400 sq. 713 15Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information ft. per lot. As a 38-acre medical campus, this allowance would not be sufficient to provide the quantity and size of building signs needed to identify medical structures providing emergency, urgent care, and other medical services as well as providing vehicular directional signage that would help consumers find the correct entry and service. By providing a relaxation for larger signs for medical use structures, patients and visitors will be able to find urgent care and emergency services more quickly, especially from the interstate and secondary perimeter roads, and enhancing this campus as a community asset. Relaxation 7: Campus Style Streetlights The City of Bozeman Design Standards and Specifications Policy outlines Standard Specifications for Lighting Materials and Installation. In order to support the campus design, we were allowed to use black street light poles in Phase I. We would like to continue the use of black street light poles to support a consistent campus design. This relaxation would allow the use of black street light poles within the Billings Clinic PUD area. Jusification: Since black street light poles have already been allowed in the PUD area, this relaxation supports a consistent campus design better than the current standard. Relaxation 8: Parking Quantities Table 38.540.050-3 and Sec. 38.540.050 establish minimum and maximum Off-Street Parking requirements based on building use. However, there are only two types of medical-related uses identified, Hospitals and Medical and Dental Offices. In order to support the various types of medical services that Billings Clinic plans to offer in the campus, and to allow for the ability to creatively use shared parking for varying uses within the campus, we would like to allow each building phase to identify the parking quantities based on actual need and use. This relaxation will allow for the off-street parking quantities to be determined based on the planned building use. A parking needs assessment will be provided with the Site Plan Review for each building phase to determine the off-street parking to be provided. Justification: Since the UDC parking standards has limited medical-related uses identified and this campus is likely to include many types of medical uses, allowing the parking requirements to be right- sized based on building use would result in a superior development over the UDC standard. Relaxation 9: Parking Structure 1st floor use Sec. 38.510.030.M requires that parking garages that front streets must line the parking garage at the street level with an active use, and to provide a lining of retail, office, or residential use at the street level along the entire street frontage. The approved Master Site Plan indicates potential locations for structured parking intended to serve the higher intensity medical uses planned for the campus. Providing a retail, office, or residential use not associated with the medical uses may not be feasible to support the needs of the medical facilities. We would like to allow parking structures to be exempt from this standard when supporting a medical use. This relaxation will allow parking structures that front streets and support medical uses to be developed without lining the structure with retail, office or residential uses. Justification: The campus plan envisions structured parking intended to serve the higher intensity medical uses. Providing a retail, office, or residential use not associated with the medical uses may not 714 16Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information be feasible to support the needs of the medical facilities. Allowing parking structures to be exempt from from this standard when supporting a medical use better supports the development of a medical campus than the UDC standard. Relaxation 10: Bicycle Parking Quantities Sec. 38.540.050.A.4 requires the number of bicycle parking spaces must be at least ten percent of the number of the automobile parking stall required by the Unified Development Code. We would like to provide a more tailored requirement for medical uses within the campus relevant to these building and land uses. This relaxation will allow reduced bicycle parking requirements for medical uses within the PUD area that provide separate staff and visitor parking areas on their development site. For these projects, the minimum required bicycle parking spaces for the number of automobile parking stalls shall be: • 10% of the number of staff parking stalls, and • 2% of the number of patient/visitor parking stalls Justification: The relaxation provides a more tailored requirement for bicycle parking based on the medical uses, staff, patients and visitors than the UDC provides. Relaxation 11: Block Frontage Sec. 38.510.030 requires block frontage standards addressing streetfront elements including building location, parking lot location, window transparency, weather protection and landscaping. The Billings Clinic Medical Campus consists of a single lot. This 58-acre lot is planned for multiple phases of development and is envisioned with the Approved Master Site Plan. This code section generally relates to development of individual buildings on individual lots and did not envision the development of a large medical campus. This plan indicates likely locations for future Public Streets and Private Drives where Mixed-Use Block Frontage will apply if land uses with smaller, individual buildings may be proposed. However, in Areas C and D larger medical facilities are anticipated. These uses are also allowed in all areas within the PUD. These facilities have specific requirements and needs to support these services including: • Larger, physically connected buildings to support integrated care • Patient entrances to buildings that must be set back from the street to allow for required covered drop-offs and nearby accessible parking to accommodate patients with varying mobility • Intentional separation of patient/visitor/staff/ service/emergency uses, access and parking for staff and patient safety • Parking distributed around all sides of buildings to access the above multiple building entrances for clear and direct patient access This relaxation will allow building and parking locations within the PUD to be located based on the needs for the buildings and to be exempt from the requirements of Sec 38.510.030. As was achieved in the initial phase, private access drives to building entrances will incorporate characteristics of a pedestrian-oriented street (including weather protection, façade transparency, wider sidewalks) where feasible but the unique medical requirements for buildings in these areas will prevail. Where adjacent to Public Streets, building facade transparency will meet requirements of Section 38.510.030 of the Bozeman Municipal Code, except where the uses within these portions of the building require solid walls for 715 17Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information safety, privacy, or medical functions. These areas where vision glass is not possible will be exempt from the facade transparency requirements, but will incorporate landscape planting beds with evergreen plant materials to buffer and add visual interest at a pedestrian scale to mitigate impacts of blank walls. Justification: This relaxation provides superior development of a medical campus than the UDC as it better supports the development of medical uses within the campus which are likely to include: • larger, physically connected buildings, • covered patient drop-off zones with close in accessible parking, and • separation of patient/visitor/staff/service/ emergency access and parking for staff and patient safety. Relaxation 12: Block Length and Width Sec 38.410.040 requires blocks 300-400 feet in length and 200 feet in width. Based on the requirements described above for larger medical facilities and as indicated on the Approved Master Site Plan, larger block areas will be allowed within the PUD to support the ability to create a connected campus of buildings. This relaxation will allow for larger parcels within the PUD campus area to support flexibility to provide larger, connected medical facilities. As such the PUD shall be exempt from the requirements of Sec 38.410.040 and will be based on the approved infrastructure plans for the campus. Justification: These larger block areas indicated in the Master Site Plan better support the ability to provide a connected campus of buildings than the UDC standard. 716 PART II Master Plan and Development Guidelines 717 19Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Chapter 1 Project Overview [1.01] OVERVIEW The Billings Clinic Bozeman Medical Campus will provide for essential and allied medical services while incorporating complementary mixed-use commercial, retail, and residential programming to honor the city’s motto of being “the most livable place.” It will be designed as a pedestrian-friendly mixed-use campus with a healthcare focus. Key design features prioritize safety, wayfinding, accessibility, walkability, and connections to public transportation. Open space networks will provide access to natural features and trail connections envisioned in Bozeman’s Parks, Recreation, Open Space and Trails Plan will extend through the campus providing key connections and access to the greater Gallatin Valley trail system. Billings Clinic’s Guiding Principles will direct the design of medical services within the campus to provide the community with high-quality and compassion healthcare. These principles include: • Design for Safety • Design for Clinical Excellence • Design for Patient / Staff / Physician Experience • Design for Integrated Delivery • Design for Strategic Innovation and Growth • Design for Stewardship [1.02] INTENT OF DEVELOPMENT GUIDELINES In addition to the Ambulatory Care Center and Ambulatory Surgery Center buildings, currently under construction, there are planned expansions and new facilities illustrated conceptually in the approved Master Site Plan. The intent of these guidelines is to establish a framework upon which new development may be based to create a cohesive medical campus. The intent of these guidelines is not to propose final design solutions, rather it is to establish a basis for creating buildings and site development that respond to the vision set forth by Billings Clinic Bozeman Medical Campus PUD. 718 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 20 [1.03] APPROVED MASTER SITE PLAN GRAPHIC 719 21Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [1.04] PROJECT USES (ALLOWED, ANTICIPATED) Permitted Uses The development is envisioned as a pedestrian- friendly mixed-use campus with a healthcare focus. It will provide a mix of uses to allow for nearby services and housing to support the needs of staff, patients and families. The Bozeman Growth Policy identifies the future land use of the Billings Clinic Bozeman Medical Campus as Regional Commercial and Services. Defined as an area for uses providing services to Bozeman, as well as the surrounding region, this land use is consistent with uses allowed under the B-2 Zoning designation. To support the development as a medical campus and to allow for potential opportunities for housing, the following additional uses will be permitted: • Cottage housing (in Areas A, B, F, and G) • Single, two, three and four household dwellings (in Areas A, B, F, and G) • Ground floor residential (in all Areas) • Hospitals, Labs, Medical Office, Outpatient Surgery Centers (in all Areas) All uses allowed or conditionally allowed under B-2 zoning will be allowed or conditionally allowed in the Billings Clinic Bozeman Medical Campus PUD. This includes B-2 zoning at the time of approval and any expanded B-2 uses that are approved by the City of Bozeman. Project Areas Diagram 720 22Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Anticipated Uses The Billings Clinic Bozeman Medical Campus anticipates a twenty-year phased development, so final land uses have not yet been determined. While initial phases will likely focus on medical uses to respond to current Bozeman community needs, other supporting uses are anticipated to follow in later phases over time based on market demands. The initial phase within Zone C, approved in 2020 and scheduled to open in 2022 includes an Ambulatory Destination Center including medical office, urgent care and an outpatient surgery center. The next phases anticipated will further develop medical uses within the campus with expanded ambulatory and medical facilities anticipated primarily, but not limited to, Zone D. [1.05] PHASING The Billings Clinic medical campus is planned to be developed over the next twenty years. The first phase of development includes a new 130,000 square foot Ambulatory Destination Center on approximately eight acres, including a three-story building housing a multi-specialty physician group practice, urgent care, and an adjacent one-story outpatient surgery center. Construction of these buildings is in progress with an anticipated completion in fall of 2022. In conjunction with the development of Phase 1, infrastructure improvements including internal public streets, and water and sewer mains were completed in the spring of 2022 with final closeout scheduled to occur in summer/ fall of 2022. The public development to-date provides roadway access and access to public utilities for the existing structures as well as future construction, but additional public streets, water, and sewer mains will be required as additional phases of the project are proposed. Since the sequencing of future phases is unknown and will be based on market demands, we are instead identifying infrastructure that will be required for each development area within the campus. The Phasing Plans identifies the main zones of the campus and estimate which public roadways and utilities will be required as part of the development. Future construction will further develop the medical campus with ambulatory and inpatient facilities and associated ancillary medical uses. Billings Clinic is dedicated to the future of this campus and will provide the necessary public roadways and utilities necessary to support the future development phases. 721 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 23 Legend Existing Development Development Area Infrastructure Required [1.06] PHASING PLANS 722 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 24 Legend Existing Development Development Area Infrastructure Required 723 25Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Chapter 2 Site Guidelines [2.01] GENERAL SITE DESIGN OBJECTIVES 1. Site Design for the Billings Clinic Bozeman Medical Campus will provide: • Clear and consistent wayfinding for patients and visitors • Necessary emergency vehicle access • Separation of patient/visitor, staff, emergency access and parking where possible • Efficient and appropriately sized vehicle circulation and parking • Safe and inviting pedestrian connections • Safe and efficient site lighting 2. Design should be based on the functions and requirements of the planned buildings. 3. All public areas and buildings shall be accessible per current ADA guidelines. [2.02] ACCESS AND CONNECTIVITY The Master Site Plan and approved Infrastructure Plans outline the complete road connectivity planned for the campus. Primary entry points are from approved access points in each of the four directions: East Valley Center Road on the north, North 27th Avenue on the east, Warbler Way on the south, and Davis Lane on the west. A public street is also indicated along the south property boundary between Warbler Way and North 27th Avenue along the alignment of Honor Lane. One-half of the right-of-way will be dedicated providing local street access along this boundary. 724 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 26 0 100 SCALE: 1" = 100' 20050100 PRELIMINARY PUD REVIEWNORTH FILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTIONGENERAL CIVIL PLANBILLINGS CLINIC BOZEMAN CAMPUSLOT 2A-1, MINOR SUBDIVISION 221FBOZEMAN, MONTANA2.1 -15063_10_SITE_PLAN.DWGLMH----------------15063.10GENERAL NOTES: -ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCE WITH MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS 6TH EDITION, APRIL, 2010, AND THE CITY OF BOZEMAN STANDARD MODIFICATIONS, DATED MARCH 31, 2011 WITH ADDENDUM. -ANY EXISTING OR NEW VALVES WHICH CONTROL THE CITY OF BOZEMAN'S WATER SUPPLY SHALL BE OPERATED BY CITY OF BOZEMAN PERSONNEL ONLY. -CONTRACTOR SHALL FIELD VERIFY AND GRADE OF EXISTING CONNECTIONS. -THE CONTRACTOR SHALL NOTIFY THE WATER DEPARTMENT A MINIMUM OF 24-HOURS PRIOR TO BEGINNING ANY WORK. -EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. THE ENGINEER DOES NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION. SERVICE LINES (WATER,POWER, GAS, STORM, SEWER, TELEPHONE & TELEVISION) MAY NOT BE STRAIGHT LINES OR AS INDICATED ON THE PLANS. STATE LAW REQUIRES CONTRACTOR TO CALL ALL UTILITY COMPANIES BEFORE EXCAVATION FOR EXACT LOCATIONS. -UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUT AND STAKING SHALL BE PERFORMED UNDER THE RESPONSIBLE CHARGE OF A LAND SURVEYOR LICENSED IN THE STATE OF MONTANA AND BY A PARTY CHIEF OR ENGINEERING TECHNICIAN EXPERIENCED INCONSTRUCTION LAYOUT AND STAKING TECHNIQUES AS ARE REQUIRED BY THE SPECIFIC TYPE OF WORK BEING PERFORMED.P:\15063_10_Billings_Clinic_Bozeman_PUD\CADD_C3D\PRODUCTION_DWG\15063_10_SITE_PLAN.dwg, C2.1, 5/13/2022 10:10:23, lhendricks, 1:1[2.03] GENERAL CIVIL PLAN 725 27Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [2.04] BUILDING AND PARKING LOCATIONS Conceptual locations for buildings, parking, and circulation are indicated on the Master Site Plan. Covered patient drop-off areas are indicated at visitor entrances to medical buildings. Emergency services, access to service and loading areas, and staff parking areas are separated from visitor parking areas. In the mixed-use zones, a more traditional building and block pattern is anticipated with parking areas to the rear and side of street-facing buildings. [2.05] PARKING The intent of this section is to provide an adequate number of parking spaces to serve the building uses within the PUD area without creating negative impacts on nearby neighborhoods. In order to support the various types of medical services that Billings Clinic plans to offer in the campus, and to allow for the ability to creatively use shared parking for varying uses within the campus, each building phase shall be allowed to identify their parking quantities (if different than BMC Sec. 38.540.050 parking quantity requirements) based on actual building need and use. A parking needs assessment will be provided with the Site Plan Review for each building phase to determine the off-street parking to be provided. B-2 Zoning allows for both surface parking lots and structures for vehicular parking. It is important with medical uses to have accessible parking and drop-off areas located as close to primary building entrances as possible. To achieve this a variety of parking solutions may be needed. Detailed parking configurations will be developed with each building phase. Parking options may include: • Surface parking lots • Structured parking • On-street parking Design of off-street parking areas shall include considerations for snow removal and snow storage. [2.06] OPEN SPACE NETWORK This PUD supports the 2007 PROST plan and envisions connecting to this regional system. Open space areas will connect to the adjacent Cattail Lake Park and open space network to the south of the campus. Active open space areas shall be incorporated into the site design for each phase based on the Open Space Diagram. 726 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 28 [2.07] OPEN SPACE NETWORK DIAGRAM 727 29Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [2.08] SITE GRADING AND DRAINAGE The west and east portions of the site drain in different directions. The western half of the site generally slopes to the northwest and the eastern half of the site generally slopes to the northeast. The drainage for the infrastructure that has currently been constructed has been managed in accordance with the City of Bozeman requirements. It generally consists of storm drain pipe and a combination of surface ponds and sub-surface boulder pit systems. Future phases will continue to be managed in accordance with the City of Bozeman requirements and is planned to be discharged to historic drainage ways at or below predeveloped flowrates. [2.09] UTILITIES, COMMUNICATION, AND REFUSE A 12-inch water main runs in the right-of-way of North 27th Avenue, extending to the southeast corner of the campus. Water is provided to the campus from this main with a combination of 12-inch and 16-inch water mains and currently extends to connect with the existing 12-inch main in Davis Lane. When future phases are built within the campus, the water main within Wellness Way will be extended south within Warbler Way once that road is constructed. The line will then loop to the east to connect with North 27th Avenue. The Municipal Wastewater Treatment plant is located across Interstate 90 to the north. Sanitary sewer is proposed to flow off-site within Wellness Way and Warbler Way to a gravity main in Davis Lane that flows to the Davis Lane Lift Station and then to the treatment plant. See the utility plan for the current and proposed utilities. Communications and other “dry” utilities will be provided underground in easements outside the public right-of-way within the campus. Refuse pickup will be supported by the City of Bozeman. Trash enclosures will be designed to City of Bozeman standards with each phase of new building construction. 728 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 30 [2.10] GRADING AND DRAINAGE PRELIMINARY PUD REVIEWNORTH FILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTIONTOWNSHIP 1 S., RANGE 5 E., SECTION 26, P.M.M.GRADING AND DRAINAGEBILLINGS CLINIC BOZEMAN CAMPUSLOT 2A-1, MINOR SUBDIVISION 221FBOZEMAN, MONTANA4.1 -15063_10_DRAINAGE.DWGLMH----------------15063.100 100 SCALE: 1" = 100' 20050100 P:\15063_10_Billings_Clinic_Bozeman_PUD\CADD_C3D\PRODUCTION_DWG\15063_10_DRAINAGE.dwg, C4.1, 5/13/2022 10:13:14, lhendricks, 1:1729 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 31 [2.11] UTILITY PLAN 0 100 SCALE: 1" = 100' 20050100 PRELIMINARY PUD REVIEWNORTH FILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTIONUTILITY PLANBILLINGS CLINIC BOZEMAN CAMPUSLOT 2A-1, MINOR SUBDIVISION 221FBOZEMAN, MONTANA3.1 -15063_10_UTILITY_PLAN.DWGLMH----------------15063.10GENERAL NOTES: -ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCE WITH MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS 6TH EDITION, APRIL, 2010, AND THE CITY OF BOZEMANSTANDARD MODIFICATIONS, DATED MARCH 31, 2011 WITH ADDENDUM. -ANY EXISTING OR NEW VALVES WHICH CONTROL THE CITY OF BOZEMAN'S WATER SUPPLY SHALL BE OPERATED BY CITY OF BOZEMAN PERSONNEL ONLY. -CONTRACTOR SHALL FIELD VERIFY AND GRADE OF EXISTING CONNECTIONS. -THE CONTRACTOR SHALL NOTIFY THE WATER DEPARTMENT A MINIMUM OF 24-HOURS PRIOR TO BEGINNING ANY WORK. -EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. THE ENGINEERDOES NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION. SERVICE LINES (WATER, POWER, GAS, STORM, SEWER, TELEPHONE & TELEVISION) MAY NOT BE STRAIGHT LINESOR AS INDICATED ON THE PLANS. STATE LAW REQUIRES CONTRACTOR TO CALL ALL UTILITY COMPANIES BEFORE EXCAVATION FOR EXACT LOCATIONS. -UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUT AND STAKING SHALL BE PERFORMED UNDER THE RESPONSIBLE CHARGE OF A LAND SURVEYOR LICENSED IN THESTATE OF MONTANA AND BY A PARTY CHIEF OR ENGINEERING TECHNICIAN EXPERIENCED IN CONSTRUCTION LAYOUT AND STAKING TECHNIQUES AS ARE REQUIRED BY THESPECIFIC TYPE OF WORK BEING PERFORMED. NOTE: PIPE TYPES EXISTING WATER MAIN IS CLASS 51, DUCTILE IRONFUTURE WATER MAIN SHALL BE CLASS 51, DUCTILE IRON EXISTING SANITARY SEWER MAIN IS SDR 35, PVCFUTURE WATER MAIN SHALL BE SDR 35, PVC EXISTING STORM DRAIN MAIN WITHIN PUBLIC STREET EASEMENT IS RCPFUTURE STORM DRAIN MAIN WITHIN PUBLIC STREET EASEMENT SHALL BE RCP EXISTING STORM DRAIN ON SITE DEVELOPMENT IS A-2000 PVC P:\15063_10_Billings_Clinic_Bozeman_PUD\CADD_C3D\PRODUCTION_DWG\15063_10_UTILITY_PLAN.dwg, C3.1, 5/13/2022 10:11:54, lhendricks, 1:1730 32Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [2.12] SITE LIGHTING The following design guidelines govern the design of lighting for drive aisles, parking, plaza areas and pedestrian routes. Building lighting is addressed in Section 4 - Building Design. Site lighting should include vehicle-scale lighting in parking areas and pedestrian-scale in primary pedestrian areas. To create a consistent lighting character for the campus, all exterior site lighting shall be LED 80 Color Rendering Index (CRI). Lighting heights, light fixture styles, and pole colors shall either match or coordinate with the lighting constructed with the initial phase of the campus and as described below. Pedestrian-Scale Lighting: Style: ATR – Atria Series from AV Poles and Lighting Height: 12’ Pole and luminaire color: Black LED 80 CRI, Light Source Kelvin 3000 Vehicle-Scale Lighting: Style: MRM – Mirada Medium Area Light from LSI Lighting Height: 25’ Pole and luminaire color: Black LED 80 CRI, Light Source Kelvin 3000 Street Lights: Street lights shall be City of Bozeman standard street lights but with Black poles as constructed with the initial phase of the campus development. Light Shielding: Pole lights located immediately adjacent to residential or natural areas shall incorporate a house-side shield to minimize glare. 731 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 33 [2.13] STREET LIGHTING PLAN 0 100 SCALE: 1" = 100' 20050100 PRELIMINARY PUD REVIEWNORTH FILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTIONLIGHTING PLANBILLINGS CLINIC BOZEMAN CAMPUSLOT 2A-1, MINOR SUBDIVISION 221FBOZEMAN, MONTANA8.1 -15063_10_LIGHTING_PLAN.DWGLMH----------------15063.10GENERAL NOTES: -ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCE WITH MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS 6TH EDITION, APRIL, 2010, AND THE CITY OF BOZEMAN STANDARD MODIFICATIONS, DATED MARCH 31, 2011 WITH ADDENDUM. -ANY EXISTING OR NEW VALVES WHICH CONTROL THE CITY OF BOZEMAN'S WATER SUPPLY SHALL BE OPERATED BY CITY OF BOZEMAN PERSONNEL ONLY. -CONTRACTOR SHALL FIELD VERIFY AND GRADE OF EXISTING CONNECTIONS. -THE CONTRACTOR SHALL NOTIFY THE WATER DEPARTMENT A MINIMUM OF 24-HOURS PRIOR TO BEGINNING ANY WORK. -EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. THE ENGINEER DOES NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION. SERVICE LINES (WATER,POWER, GAS, STORM, SEWER, TELEPHONE & TELEVISION) MAY NOT BE STRAIGHT LINES OR AS INDICATED ON THE PLANS. STATE LAW REQUIRES CONTRACTOR TO CALL ALL UTILITY COMPANIES BEFORE EXCAVATION FOR EXACT LOCATIONS. -UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUT AND STAKING SHALL BE PERFORMED UNDER THE RESPONSIBLE CHARGE OF A LAND SURVEYOR LICENSED IN THE STATE OF MONTANA AND BY A PARTY CHIEF OR ENGINEERING TECHNICIAN EXPERIENCED INCONSTRUCTION LAYOUT AND STAKING TECHNIQUES AS ARE REQUIRED BY THE SPECIFIC TYPE OF WORK BEING PERFORMED.P:\15063_10_Billings_Clinic_Bozeman_PUD\CADD_C3D\PRODUCTION_DWG\15063_10_LIGHTING_PLAN.dwg, 8.1, 5/13/2022 10:14:56, lhendricks, 1:1732 34Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Chapter 3 LANDSCAPE GUIDELINES [3.01] OVERVIEW The intent of the landscape design guidelines is to support a cohesive approach to the campus design, to encourage sustainable design that is complimentary to the natural environment of the region and to support the medical campus needs for safety, patient comfort, and staff respite. These guidelines provide: the buffering of properties from wind and snow; the screening of parking from residences and pedestrian areas; the enhancement of entry areas to the development and to individual buildings; the conservation of water and the use of native or adapted plant species; and other landscape design techniques with the goal of creating a unique and inviting environment. [3.02] GENERAL LANDSCAPE DESIGN GUIDELINES Utilize xeriscape practices including: 1. Incorporate the use of an efficient irrigation system and provide irrigation zones for turf areas separately from other plantings. 2. Avoid irrigating between 10am and 6pm when possible to reduce water loss to evaporation. 3. Utilize weather-based irrigation controllers. 4. Reduce the amount of manicured turf areas by using in more public areas and street parkways. Open space areas and outlying areas with less public use should incorporate landscapes with reduced irrigation and maintenance needs where feasible. 733 35Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [3.03] PLANT MATERIALS Tree and shrub species shall be selected based upon species diversity, adaptability, hardiness, and maintenance requirements. The provided species lists shall be used for all tree and shrub selections. Alternative species will be considered on a case-by-case basis with the approval of Billings Clinic. Any species listed as noxious or invasive in the state shall be prohibited. DECIDUOUS TREES CA SP Catalpa speciosa Northern Catalpa CE OC Celtis occidentalis Common Hackberry GL TR Gledistia triacanthos inermis 'Skyline' Skyline Honeylocust GY DI Gymnocladus dioicus 'Expresso' Expresso Kentucky Coffeetree QU BU Quercus buckleyi Texas Red Oak QU MA Quercus macrocarpa Bur Oak TI AM Tilia americana 'Redmond' Redmond Linden UL JA Ulmus japonica x U. wilsoniana 'Accolade' Accolade Elm ORNAMENTAL TREES AC TA Acer tataricum ‘Hot Wings’ Hot Wings Maple AM GR Amelanchier x grandiflora ‘Autumn Brilliance’ Autumn Brilliance Serviceberry CR PH Crataegus phaenopyrum Washington Hawthorn MA RA Malus ‘Radient’ Radiant Crabapple MA SS Malus ‘Spring Snow’ Spring Snow Crabapple MA TC Malus ‘Thunderchild’ Thunderchild Crabapple EVERGREEN TREES JU MG Juniperus scopulorum ‘Moonglow’ Moonglow Juniper PI FL Pinus flexilis ‘Vanderwolf’s Pyramid’ Vanderwolf’s Limber Pine PI NI Pinus nigra Austrian Pine PI PO Pinus Ponderosa Ponderosa Pine Street trees shall be compatible with the current City of Bozeman Approved Street Tree list and approved by the City Forester prior to installation. Denotes plants indicated as drought tolerant based on Section 38.550.050 of the BMC* *** *** * *** 734 36Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines DECIDUOUS SHRUBS AM CA Amorpha canescens Leadplant AM RE Amelanchier alnifolia ‘Regent’ Regent Serviceberry AR CA Artemisia cana Silver Sagebrush AR ME Aronia melanocarpa ‘Iroquois Beauty’ Iroquois Beauty Dwarf Chokeberry CE IN Cercocarpus intricatus Littleleaf Moutain Mahogany CE LE Cerocarpus ledifolius Curl-leaf Mountain Mahogany CH NA Chrysthamnus nauseosus nouseosus Dwarf Blue Rabbitbrush CO AF Cornus sericea ‘Arctic Fire’ Arctic Fire Dogwood CO KE Cornus sericea ‘Kelseyi’ Kelsey Dwarf Dogwood CY PU Cytisus purgans ‘Spanish Gold’ Spanish Gold Broom FA PA Fallugia paradoxa Apache Plume PH OP Physocarpus opulifolius Diabolo Diabolo Ninebark PO FR Potentilla fruticosa Native Yellow Potentilla PR PB Prunus besseyi ‘Pawnee Buttes’ Pawnee Buttes Sandcherry RH AR Rhus aromatica ‘Gro-Low’ Gro-Low Sumac RH GL Rhus glabra cismontana Rocky Mountain Sumac RH TY Rhus typhina Staghorn Sumac RI AL Ribes alpinum ‘Greenmound’ Greenmound Alpine Currant RI AU Ribes aureum ‘Gwen’s Buffalo’ Gwen’s Buffalo Currant RO HO Rosa X Hope for Humanity’ Hope for Humanity Rose SY AL Symphoricarpos albus White Snowberry SY CH Symphoricarpos x chenaultii ‘Hancock’ Hancock Coralberry SY ME Syringa meyeri ‘Palibin’ Korean Lilac VI LA Viburnum lantana ‘Mohican’ Mohican Wayfaring Tree YU FL Yucca flaccida ‘Ivory Tower’ Ivory Tower Yucca ** **** * * * ******** 735 37Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines EVERGREEN SHRUBS AR PA Arctostaphylos x coloradoensis panchito Panchito Manzanita JU BR Juniperus sabina ‘Broadmoor’ Broadmoor Juniper JU BS Juniperus squamata ‘Blue Star’ Blue Star Juniper JU EF Juniperus communis ‘Effusa’ Effusa Common Juniper JU HO Juniperus horizontalis ‘Hughes’ Hughes Juniper PI GL Picea pungens ‘Globe’ Dwarf Globe Green Spruce PI MU Pinus mugo ‘Mops’ Miniature Mugo Pine PI NH Pinus nigra ‘Helga’ Dwarf Austrian Pine ORNAMENTAL GRASSES BO GR Bouteloua gracilis ‘Bonde Ambition’ Blonde Ambition Grama Grass CA BR Calamagrostis brachytricha Korean Feather Reed Grass CA OV C alamagrostis acutiflora ‘Overdam’ Variegated Feather Reed Grass KO MA Koeleria macrantha Prairie Junegrass PA VI Panicum virgatum ‘Northwind Northwind Switch Grass PE AL Pennisetum alopecuroides ‘Hameln’ Dwarf Fountain Grass SC PB Schizachyrium scoparium ‘Prairie Blues’ Prairie Blues Little Bluestem SO NU Sorghastrum nutans Indiangrass SP HE Sporobolus heterolepis Prairie Dropseed Grass ** ** * 736 38Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines PERENNIALS AC MO Achillea ‘Moonshine’ Moonshine Yarrow AQ CH Aquilegia chrysantha Yellow Columbine AQ CO Aquilegia coerulea Rocky Mountain Columbine CL HI Clematis hirsutissima Mountainspray Clematis CO MO Coreopsis verticillata ‘Moonbeam’ Moonbeam Coreopsis DA PU Dalea purpurea Purple Prairie Clover EC PU Echinacea purpurea Purple Coneflower GE TR Geum triflorum Prairie Smoke Geum GE VI Geranium viscosissimum Sticky Geranium LA HI Lavandula angustifolia ‘Hidcote’ Deep Blue Lavender LI PU Liatris punctata Gayfeather NE LT Nepeta ‘Little Trudy’ Little Trudy Catmint PE PI Penstemon pinifolius Pineleaf Penstemon PE ST Penstemon strictus Rocky Mountain Penstemon RU FU Rudbeckia fulgida ‘Goldsturm’ Goldsturm Black-eyed Susan SA NE Salvia nemorosa ‘May Night’ May Night Salvia TO HO Townsendia hookeri Hookers Townsend Daisy [3.04] OPEN SPACE Open space areas throughout the campus are a key feature supporting the building uses and connections to the community. Open space areas should create distinctive settings supporting their adjacent building uses (healing gardens, respite areas for staff and visitors, plazas, paths/trails, access to nature, multi-use community) while maintaining a consistent visual character for the campus. The open space areas indicated on the Open Space Diagram represent the conceptual locations for Active Open Space areas for the campus and may vary in configuration and location. However, they represent the minimum amount of open space areas required for the campus and should designed to be open and available for use by visitors to the campus. See Open Space Diagram Section 2.07 for locations of designated Active Open Space Areas. 737 39Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [3.05] PUBLIC ART The use of public art within pedestrian plazas, open space, along trails and pedestrian corridors, and near buildings is encouraged. Art may also be directly integrated into the design of a building. Locations where art may be viewed from pedestrian and vehicular circulation routes should be given priority. The placement of public art shall be coordinated with the development of open spaces, trails, and plazas. All public art must be submitted for review and approval by Billings Clinic prior to installation. [3.06] MAINTENANCE The Billings Clinic shall contract landscape maintenance service for all of the developments within the Billings Clinic Bozeman Medical Campus PUD area. Any future phases developed in partnership with other entities or sold to other users shall obtain approval from Billings Clinic for any change to the overall campus landscape maintenance services provided. 738 40Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Chapter 4 Building Guidelines Note: Where the Design Guidelines are “silent,” the standards of the Bozeman Municipal Code in effect at the time of a permit application shall apply. [4.01] BUILDING DESIGN OBJECTIVES In addition to The Billings Clinic Bozeman Medical Campus’ over-arching design objectives, the following building design objectives should respond to and be influenced by the different zones on the site to which they are oriented. The three zones of influence identified on the Billings Clinic Bozeman Medical Campus are the Medical Core, Community, and Nature. Medical Core The Medical Core zone of influence is the heart and patient services core of the campus. This zone serves as the hub, signified by the traffic roundabout from which all other circulation on campus culminates. This zone is designed to enhance the patient experience, giving clear visibility of covered vehicle drop-off areas and pedestrian entries to each of the major medical facilities. Building facades should be more transparent on all floors within this zone, both to clearly identify the main building entries as well as to reveal the healing programs within. This zone should also strive to incorporate a clear separation between on-stage (patient-facing) and off-stage (service/loading) functions of each respective building. Community The Community zone of influence encompasses buildings and facades that are visible from outside of the campus from the surrounding streets and highways, and also the buildings along major internal roadways. These buildings influence the visitor experience and help establish the overall feel of the campus when approaching the center. Those visible from the highway should convey the character of the campus and may take greater care for visual interest on the higher floors that are more visible. Similar to how the Ambulatory Care Center provides a campus identification opportunity toward the highway with a more expressive architectural façade and Billings Clinic signage. Nature The buildings in this zone should take advantage of their connection to the adjacent natural areas. The interstitial space between buildings should be an extension and transition from the informal outdoor space to more formal, with areas of passage and pause that are created with outdoor program, vegetation, and landscape architecture. Functionally, these spaces may provide active gathering space, as well as quieter individual seating. This sets the framework for a symbiotic relationship between buildings and nature. Buildings create opportunities for framing spaces and vistas as well as creating views from inside out. Additional references for open space can be found in the Code of Ordinances Section 38.520.060. - On-site residential and commercial open space. Gateways & Landmark Buildings The gateway and landmark building facades that frame the campus entrances should be treated with the greatest level of finish and care. The gateways should be marked with a landmark signage/tower signaling the arrival to the campus core as well as setting a geographic point of reference. Additional references for the architectural treatment of gateways can be found in the Bozeman Municipal Code Section 38.530.050, Section C - High visibility street corner and gateway sites. The medical core is a series of free-standing landmark structures that anchor the center of gravity for the campus. 739 41Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Parking/Service Buildings Parking/Service buildings should utilize the standard palette of materials and colors recommended in these guidelines for consistency, but may have more of a utilitarian nature to massing and programmatic use. The form follows the functions of these buildings and structures. Additional references for mechanical and service areas can be found in the Bozeman Municipal Code Sec. 38.520.070. - Location and design of service areas and mechanical equipment. All Other Buildings The remaining buildings may be reconfigured in a multitude of ways. They should serve as the “background” buildings on the campus, that neither call attention to themselves nor ignore these guidelines. But rather, contribute to the overall fabric of the campus striving to meet the city’s motto of being “the most livable place.” These buildings could also have uses to benefit the campus and larger community. By having higher activity on the ground floor through retail and pedestrian access, they can serve as a shared link between all buildings on campus. Gateway/Landmark Building Figure 4.1 Zones of Incluence & Building Role Diagram CO M M U N I T Y CORE NATURE Gateway Landmark Building Parking/Service Building 740 42Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [4.02] DIMENSIONAL CONSIDERATIONS Form and Scale Building scale guidelines have been established to be appropriate for program use and campus zone. The scale of the building massing should be broken down further at the entry facades, first floor pedestrian areas, and above with purposeful wall offsets, awnings, arcades, and canopies. New building forms should be primarily horizontal. Any vertical elements should be reserved for gateway and/or landmark buildings on campus. Roof lines should be consistent and relatively uniform, maintaining simplicity of to contrast both the landmark vertical elements and the mountain skyline beyond. Connection Between Buildings Wherever possible, care should be given to identify opportunities for building features or access points to relate to one another, in turn making connections between the buildings. This will also serve to promote a more walkable campus by giving building occupants the ability to traverse from building to building. Buildings should relate to each other through sight lines, landscape architecture, and entry points. Covered connections between buildings are encouraged, as well as shared outdoor activity space. Building Heights All building heights outside of the zones requesting relaxation shall conform to City of Bozeman Unified Development Section 38.530.040. - Building massing and articulation. Breaking Down Scale SERVICE/ NATURE/ COMMUNITY PUBLIC Building entries and facades can relate to each other, creating implied connections Buildings can work together to create shared zones for gathering, respite, and outdoor landmarks 741 43Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines CLASS I TRAIL10' WIDE CONCRETE25' TRAIL CORRIDOR BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN, TYP. BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN, TYP. BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN,TYP. BILLINGS CLINIC MEDICALCAMPUS WAYFIND SIGN, TYP. 50' CREEK SETBACK CLASS II TRAILPARK AND OPEN AREAS,6' WIDE CONCRETE(CRUSHER FINES PATH WITHINWATERCOURSE SETBACK AREAS) 100-YR FLOODPLAIN NEIGHBORHOOD CENTER (PARK OR CIVIC SPACE)OPEN SPACEAMENITY AREA AMBULATORYCARE CENTER 1 AMBULATORYSERVICE CENTER AMBULATORYCARE CENTER 2 INPATIENTFACILITIES PARKINGSTRUCTURE PARKINGSTRUCTURE HELIPAD PROPERTY LINE LIMIT OF PHASE 1 IMPROVEMENTS, TYP. PLANNED PUBLIC STREETS, TYP. (MIXED USE BLOCK FRONTAGE)NORTH 27TH AVE. (MIXED USE FRONTAGE)DAVIS LANE (MIXED USE FRONTAGE)WESTLAKE ROAD (MIXED USE FRONTAGE) EAST V A L L E Y C E N T E R R O A D ( G A T E W A Y F R O N T A G E ) DRIVE AISLE DRIVE AISLEDRIVE AISLESheet Number: Project Number:Project:Client:1603 Oakridge DriveFort Collins, CO 80525p. (970) 223-7577www.BHADesign.com Landscape ArchitectureUrban DesignMaster Planning Z:\PROJECTS\BILLINGS CLINIC BOZEMAN\DRAWINGS\ACAD\CD\DWG\BOZEMAN_MASTER_PLAN.DWGPlot Date:9/3/2020 3:21 PM Plotted By: Jason MessarosDate Created:9/3/2020Produced by:Date: Revision: L1.0 Date:MASTER PLANBILLINGS CLINIC BOZEMANAmbulatory Destination Center - Phase IBillings Clinic2800 10th Avenue NorthBillings, MT 59101COMMUNITY DESIGN FRAMEWORK NOT FOR CONSTRUCTIONJSM9-6-20202017 0 50'100'200' NORTH 1.Public streets shall include sidewalks on both sides as perCity standards. Private access drives will include sidewalkson both sides where feasible to provide a connectedpedestrian system. 2.Public transportation infrastructure is encouraged. TheDeveloper will coordinate with the City and Streamline toprovide stops for planned routes on either public streets orprivate drives. 3.Parking Plan - Parking for individual phases is anticipatedto comply with the Municipal Code. If an individual phaserequires parking quantities that differ from the Code, adeparture will be requested at the time of Site Plan reviewfor that phase. 4.Compliance with required landscape provisions will beindicated at the time of Site Plan review for each phase. 5.Neighborhood Center park / civic space will be owned andmaintained by the property owner or future designatedProperty Owner Association. NOTES PROPOSED BUILDING HEIGHTS Theseven project areas are delineated with the following building height allowances: Areas B & D: 8 stories Areas A, C & G: 6 stories Areas E & F: 3 stories Figure 4.3 Building Height Areas Diagram 8 7 6 5 4 3 2 1 8 7 6 5 4 3 2 1 141’ 151’ 10’ step backs req’d on buildings 5 stories or greater* 75’ 90’ 104’ 94’ AreaB AreaA AreaC AreaE AreaF AreaG AreaD 742 44Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines CLASS I TRAIL10' WIDE CONCRETE25' TRAIL CORRIDOR BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN, TYP. BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN, TYP. BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN,TYP. BILLINGS CLINIC MEDICALCAMPUS WAYFIND SIGN, TYP. 50' CREEK SETBACK CLASS II TRAILPARK AND OPEN AREAS,6' WIDE CONCRETE(CRUSHER FINES PATH WITHINWATERCOURSE SETBACK AREAS) 100-YR FLOODPLAIN NEIGHBORHOOD CENTER (PARK OR CIVIC SPACE)OPEN SPACEAMENITY AREA AMBULATORYCARE CENTER 1AMBULATORYSERVICE CENTER AMBULATORYCARE CENTER 2 INPATIENTFACILITIES PARKINGSTRUCTURE PARKINGSTRUCTURE HELIPAD PROPERTY LINE LIMIT OF PHASE 1 IMPROVEMENTS, TYP. PLANNED PUBLIC STREETS, TYP. (MIXED USE BLOCK FRONTAGE)NORTH 27TH AVE. (MIXED USE FRONTAGE)DAVIS LANE (MIXED USE FRONTAGE)WESTLAKE ROAD (MIXED USE FRONTAGE) EAST V A L L E Y C E N T E R R O A D ( G A T E W A Y F R O N T A G E ) DRIVE AISLE DRIVE AISLEDRIVE AISLESheet Number: Project Number:Project:Client:1603 Oakridge DriveFort Collins, CO 80525p. (970) 223-7577www.BHADesign.comLandscape ArchitectureUrban DesignMaster Planning Z:\PROJECTS\BILLINGS CLINIC BOZEMAN\DRAWINGS\ACAD\CD\DWG\BOZEMAN_MASTER_PLAN.DWGPlot Da t e : 9/3/2020 3 : 2 1 P M Plott e d B y : Jason M e s s a r o s Date Cr e a t e d : 9/3/2020 Produced by:Date: Revision: L1.0 Date:MASTER PLANBILLINGS CLINIC BOZEMANAmbulatory Destination Center - Phase IBillings Clinic2800 10th Avenue NorthBillings, MT 59101COMMUNITY DESIGN FRAMEWORK NOT FOR CONSTRUCTIONJSM9-6-20202017050'100'200' NORTH 1.Public streets shall include sidewalks on both sides as perCity standards. Private access drives will include sidewalkson both sides where feasible to provide a connectedpedestrian system.2.Public transportation infrastructure is encouraged. TheDeveloper will coordinate with the City and Streamline toprovide stops for planned routes on either public streets orprivate drives. 3.Parking Plan - Parking for individual phases is anticipatedto comply with the Municipal Code. If an individual phaserequires parking quantities that differ from the Code, adeparture will be requested at the time of Site Plan reviewfor that phase.4.Compliance with required landscape provisions will beindicated at the time of Site Plan review for each phase.5.Neighborhood Center park / civic space will be owned andmaintained by the property owner or future designatedProperty Owner Association. NOTES A A B B Winter Solstice (1 hour before sunset) First Day Spring (1 hour before sunset) Summer Solstice (1 hour before sunset) Figure 4. Shadow Projection Diagrams Figure 4.4 Viewshed Vignettes 743 45Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines CLASS I TRAIL10' WIDE CONCRETE25' TRAIL CORRIDOR BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN, TYP. BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN, TYP. BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN,TYP. BILLINGS CLINIC MEDICALCAMPUS WAYFIND SIGN, TYP. 50' CREEK SETBACK CLASS II TRAILPARK AND OPEN AREAS,6' WIDE CONCRETE(CRUSHER FINES PATH WITHINWATERCOURSE SETBACK AREAS) 100-YR FLOODPLAIN NEIGHBORHOOD CENTER (PARK OR CIVIC SPACE)OPEN SPACEAMENITY AREA AMBULATORYCARE CENTER 1AMBULATORYSERVICE CENTER AMBULATORYCARE CENTER 2 INPATIENTFACILITIES PARKINGSTRUCTURE PARKINGSTRUCTURE HELIPAD PROPERTY LINE LIMIT OF PHASE 1 IMPROVEMENTS, TYP. PLANNED PUBLIC STREETS, TYP. (MIXED USE BLOCK FRONTAGE)NORTH 27TH AVE. (MIXED USE FRONTAGE)DAVIS LANE (MIXED USE FRONTAGE)WESTLAKE ROAD (MIXED USE FRONTAGE) EAST V A L L E Y C E N T E R R O A D ( G A T E W A Y F R O N T A G E ) DRIVE AISLE DRIVE AISLEDRIVE AISLESheet Number: Project Number:Project:Client:1603 Oakridge DriveFort Collins, CO 80525p. (970) 223-7577www.BHADesign.comLandscape ArchitectureUrban DesignMaster Planning Z:\PROJECTS\BILLINGS CLINIC BOZEMAN\DRAWINGS\ACAD\CD\DWG\BOZEMAN_MASTER_PLAN.DWGPlot Da t e : 9/3/2020 3 : 2 1 P M Plott e d B y : Jason M e s s a r o s Date Cr e a t e d : 9/3/2020 Produced by:Date: Revision: L1.0 Date:MASTER PLANBILLINGS CLINIC BOZEMANAmbulatory Destination Center - Phase IBillings Clinic2800 10th Avenue NorthBillings, MT 59101COMMUNITY DESIGN FRAMEWORK NOT FOR CONSTRUCTIONJSM9-6-20202017050'100'200' NORTH 1.Public streets shall include sidewalks on both sides as perCity standards. Private access drives will include sidewalkson both sides where feasible to provide a connectedpedestrian system.2.Public transportation infrastructure is encouraged. TheDeveloper will coordinate with the City and Streamline toprovide stops for planned routes on either public streets orprivate drives. 3.Parking Plan - Parking for individual phases is anticipatedto comply with the Municipal Code. If an individual phaserequires parking quantities that differ from the Code, adeparture will be requested at the time of Site Plan reviewfor that phase.4.Compliance with required landscape provisions will beindicated at the time of Site Plan review for each phase.5.Neighborhood Center park / civic space will be owned andmaintained by the property owner or future designatedProperty Owner Association. NOTES C ACC Building Future Multi-family development (R-5 District w/ 50’ max. allowable height) View from North with PUD built-out as shown C Figure 4.7 Highway View Vignettes 744 46Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [4.03] PROGRAMMATIC CONSIDERATIONS Building Entry Definition Buildings on campus should be inspired by simplicity of form and large planar gestures common in the “Mountain Modern” design aesthetic. However, as one approaches the building, elements should transition in scale and level of articulation so they respond to pedestrian interaction. Subtractive and additive elements of the building form should be composed to create emphasis on important pedestrian areas such as building entries. A key component of breaking down the building massing will be the entry definition. Building architecture should be aesthetically legible to clearly identify entry points as well as main pedestrian circulation paths. This supports goals of accessibility and wayfinding that were important to the campus plan. The base of the building should also be detailed to support pedestrian movement and connections between campus spaces. In addition to the building design, special care should be given on the pedestrian path from parking to building entry. Building overhangs should be created to safeguard pedestrians from inclement weather that lead to larger porch entry areas on the campus core. Hierarchy Buildings encouraged to be designed with a clear base, middle, and top in an architectural composition. This classic approach to façade composition helps to unify the campus architecture and lends legibility to the use of each level. Distinguishing the base responds to the ground condition and is scaled and detailed for appreciation by pedestrians. The body of the building and façade may vary in materiality based on the environmental factors and site influences identified in the Zone of Influence Diagram, Figure 4.1. The top terminates the building at the sky with a strong roof form, or special building element. Solidity & Transparency All buildings will have a variety of materials that create transparency, translucency, and solidity or layering of exterior materials. All façade surfaces should have greater material articulation that break down the façade and there should not be any large expanses of monolithic material applications. The ground level facades that front public/pedestrian ways should be most transparent. Facades that require less views out or visibility of activities within, may have greater solidity. The degree of transparency should also be optimized for solar orientation, with consideration of high heat and glare exposures. Where adjacent to Public Streets, building facade transparency will meet requirements of Section 38.510.030 of the Bozeman Municipal Code, except where the uses within these portions of the building require solid walls for safety, privacy, or medical functions. These areas PORCH INTERIOR Break up largefacadePUBLIC WAY DOOR Figure 4.8 Building Entry Definition and Articulation 745 47Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines where vision glass is not possible will be exempt from the facade transparency requirements, but will incorporate landscape planting beds with evergreen plant materials to buffer and add visual interest at a pedestrian scale to mitigate impacts of blank walls. All building articulation, entry definition, and window placement shall conform to City of Bozeman Unified Development Section 38.530.040. - Building massing and articulation and Section 38.530.050. - Building details. Mechanical Equipment & Utilities All mechanical equipment and utilities visible from public ways must be screened. The following guidelines apply to screening. 1. If feasible, building service areas and mechanical equipment should be integrated into the overall building design such that it is not visible from a public way. 2. Screening should use elements, materials, and forms compatible with the building design and shall be compliant with all guidelines pertaining to building design described herein. 3. Screening shall be as required by the City of Bozeman’s Unified Development Code. 746 48Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [4.04] BUILDING EXTERIORS Building materials should exude the context in which they are placed. An audit of the local community suggests that the natural geology and landscape have influenced the surrounding architecture. Buildings tend to be lower in scale, built to resist the harsh climate, and maximize views to the mountains. Stone walls, dark-framed glass, and native wood accents are prevalent. The region prides itself on a rich history of living within the landscape. Finding ways in which to utilize modern materials while respecting the region’s heritage is highly encouraged. This “mountain modern” aesthetic sets the building character to be emulated and complemented throughout the campus. Honesty in materials will help the campus to reflect its connection to the natural setting. Real wood, transparent glass, metal panels that are either natural finishes or coated to replicate natural finishes such as bronze, zinc, copper, etc., will be used. Masonry/Precast Concrete Masonry units and natural stone should contribute to a warm but neutral aesthetic for the campus. This allows for adequate contrast with the glass and metal components of the building. Masonry elements should incorporate earth tones that are complementary to their surroundings while being durable. A preference should be given to masonry units that have a variegated tone, versus a more monolithic aesthetic. The use of a darker accent is acceptable but should be limited to account for approximately 10-15% of the total material on any given building facade. Preference should be given to darker mortar tints, allowing the texture of the units to be emphasized, while not contrasting. Metals Where metal panels are used, coloring should complement the warmth of the masonry. A preference toward darker metal tones that align with the aluminum glazing system framing would be given (Refer to Transparency Section). Two or three coats Mica finishes are preferred, as they will give more depth in material in addition to more closely resembling their substrate material properties. Glazing A range of glazing options and manufacturers can be explored but highly reflective or tinted glass is not recommended. Glazing should be selected to maximize performance (Solar Heat Gain Coefficient and U-Value), highlight activities within the building, views out, and maximize daylighting in interior spaces (Visible Light Transmission), For areas that desire to be highlighted from exterior and/or don’t require higher solar performance, use of a double-silver coating on low-iron substrate is recommended. For areas that require a higher solar performance use of a triple-silver coating on low-iron substrate is recommended. Where glazing is predominantly shaded throughout the cooling season, under deep overhangs for example, high transparency single-silver coatings on low-iron substrate can be used as long as envelope trade- off or whole building energy model compliance is achieved. For further performance incorporation of shading attachments, interlayers, or frit patterns can be explored but should be incorporated in a manner that minimizes their visual impact. 747 49Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Spandrel For sections of glazing that need to obscure plenum space, but the continuity of the glass facade is desired, a dark warm gray is suggested for the spandrel panels. The intent should be to make the spandrel panel be as visually seamless to the transparent vision panels as possible, in most daylighting conditions. Aluminum Framing It is recommended that darker, neutral, warm grays/metallics be used for the aluminum framing systems used to support the glazing units. This strategy allows the framing to be less visible from the interior, allowing occupants to view outside more clearly, past the framing. Wood Paneling/Accents Wood is a suitable material on campus as it will help tie the lighter neutrals of the masonry stone to the darker metal elements. Additionally, it can bring warmth and texture to a pedestrian zone-- such as a canopy soffit or siding accent. Medium tone wood species such as Ash, Walnut, Oak, or Hickory are the most suitable. Solar Shading Encourage solar analysis to be employed to find the optimal shading strategy for each facade that utilizes large sections of curtain wall or storefront glazing. Solar shading elements should complement both the aluminum glazing system framing as well as any building metal panels. All building materials shall conform to City of Bozeman Unified Development Code Section 38.530.060. - Building materials and Section 38.530.070. - Blank wall treatments. 748 50Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [4.05] BUILDING LIGHTING Site lighting at pedestrian and vehicular ways and parking areas is addressed in Section 2.12 Site Lighting. Lighting guidelines specific to signs are described in the Section 5.01 Exterior Signage and Section 4.06 Building Signage. The following guidelines pertain to architectural lighting on the exterior of buildings: 1. Exterior architectural lighting is encouraged but should be judiciously used in select locations. Exterior architectural lighting should be primarily used to accent building entries. 2. Light fixtures should be simple, functional and industrial in character. Recessed linear or can fixtures are encouraged. Decorative light fixtures should be used selectively in limited locations such as building entrances. 3. The following lighting types are permitted with approximate 3000k color temperature: • Halogen • Metal Halide which has appropriate color rendering characteristics • Compact Fluorescent which has appropriate color rendering characteristics. • LED 4. The following lighting types are not permitted: • Incandescent • Colored Lamps • Mercury vapor or High Pressure Sodium Lamps • Any type of moving or flashing lighting 5. Exposed neon tube or LED string lighting must be approved by Billings Clinic Leadership. Neon tube or LED string lighting may not be used as intense visual element for advertising or other purposes. Neon tube or LED string lighting may be used as subtle recessed or concealed light element. 6. All building lighting shall conform to City of Bozeman Unified Development Code requirements and shall meet the cut-off shield requirements outlined therein. 749 51Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Chapter 5 SIGNAGE [5.01] WAYFINDING STRATEGY Wayfinding is an important element of campus design. Billings Clinic’s operation of medical campuses throughout the region, as well as the experience of healthcare facilities nationwide, demonstrate the importance of creating an area that is easy to navigate in stressful situations. Patients and visitors to a medical campus need to be able to easily and conveniently locate, identify, and find their way to the various services offered. The multiple buildings associated with a medical campus, the needs and abilities of those seeking medical and emergency services, and the diversification of services offered within a medical campus create a need for establishing clear and visible wayfinding and informational signage. The goals of the wayfinding approach are to help keep consumers oriented and informed, and to make the experience as positive and stress-free as possible. The Billings Clinic medical campus employs a landmark-based wayfinding approach, augmented with explicit, written information (directional signs) where detail is needed. [5.02] MEDICAL CORE • Building Identification signage is positioned for maximum visibility from Interstate 90 and roadways surrounding the campus and is integrated with the architectural design of the building. “Billings Clinic” the health provider name and logomark are positioned near the top of the building (in the most prominent location). • Monument signage will be located at primary entry points indicating availability of emergency services. • Vehicular and pedestrian directional signage to buildings and services will be positioned at decision-making points to help guide consumers to specific buildings and services (Hospital, Urgent Care, Surgery, Clinic, future destinations, greenway trail paths, etc.) • Identification of buildings and services is reinforced at Building Entries where illuminated letter signs are mounted to the front of entry canopies for visibility to consumers once they arrive on campus. Material and colors complementary to the architectural and landscape design will be incorporated and carried through the entire signage family. Consistent representation of the Billings Clinic brand including typefaces, colors, and treatment of logos will be followed. See Figure 5.1 for illustrations and examples of planned sign designs. 750 52Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines SIGN LETTER HEIGHT - SIZE CHART SPEED LIMIT VISIBILITY VIEWING DISTANCE 75 MPH 3.5 SEC 385 FT.15.5” - 38.5” 65 MPH 3.5 SEC 330 FT.13.2” - 33.2” 55 MPH 3.5 SEC 280 FT.11.2” - 28” 45 MPH 3.5 SEC 231 FT.9.2” - 23.1” 35 MPH 3.5 SEC 178 FT.7.1” - 15.6” [5.03] EXTERIOR SIGNAGE General design criteria for exterior signage includes the following: 1. The design of all signs should be compatible with the Billing Clinic Bozeman Medical Campus’ over-arching design guidelines. Material and colors complementary to the architectural and landscape design will be incorporated and carried through the entire signage family. Consistent representation of the brand elements including typefaces, colors, and treatment of logos will be followed. See Figure 5.1 for illustrations and examples of planned sign designs. 2. All signs must comply with the with the Campus’ Design Guidelines and the City of Bozeman’s Unified Development Code requirements for this medical campus district with exceptions outlined in Section 5.07 3. The following sign materials are encouraged: • Durable and weather-proof wood-like accents in medium tone wood species • Light, natural stone and earth-toned masonry elements • Metals complementary to the warmth of the masonry • Aluminum and acrylic sign material in appropriate colors and thicknesses 4. Signage must be of quality construction. Concealed fasteners and attachments are encouraged. 5. Illumination. A. External illumination. Externally illuminated signs shall have lighting confined to the sign and shall be positioned and shielded to minimize impacts to the surrounding area(s). B. Internal illumination. • Internally illuminated signs, including neon lighting, must be static in intensity and color. • The light source for internally illuminated signs must be entirely enclosed within the sign. 751 53Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Figure 5.1 Exterior Wayfinding Signage 752 54Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [5.04] SIGNAGE LOCATION / WAYFINDING PLAN The request for relaxation of the signage design requirements of UDC Division 38.560 Signs, is intended to promote the public safety, welfare, convenience, enjoyment of travel, and free- flow of traffic both to and within the medical campus. Signage designed and engineered for public safety and convenience as well as pleasing aesthetics will benefit the campus and community. Because the campus is designed with multiple buildings across several zones on the lot, relaxation is requested from Section 38.560.060 – Signs Permitted within the B-2 District, wherein signage allowances are designated on a per lot basis. The PUD requests that signage be defined for the Billings Clinic Bozeman Medical Campus by use and sign type across the entire campus. Preliminary sign types are mapped in Figure 5.2 below. [5.05] SIGNAGE PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT The PUD requests that permitted signage in the Billings Clinic Bozeman Medical Campus be defined by three (3) categories of uses: A. Medical Campus and Building Identification Signage: Campus primary identification and building identification on the campus that is used for the provision of medical services or support of medical staff and administration. B. Non-Medical Building Identification Signage: any other building on the Mixed- Use campus such as, but not limited to, office, commercial, retail, and/or residential. C. Campus Wayfnding Signage: wayfinding directional signage located on public streets 753 55Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Figure 5.2 Wayfinding Signage Location Plan 754 56Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines District specific terms. A. Internal signage is defined as signage that is not visible from outside of the campus or from the main circulation routes of the campus. B. Street frontage is defined as building frontage on a public exterior street. Signs facing private drives are considered internal signage. Medical Structures Signage Maximum signage is calculated by sign category as provided in Table 5.4 below. Wall SignSign Type Number Height (max., ft.)Sign Area per Sign (max., sf)Illumination Wall Sign 2 per facade for 6 stories and above based on sign area Smaller of 25% of wall area or 250 feet [1] Internal or external Freestanding MonumentSign Type Number Height (max., ft.)Sign Area per Sign (max., sf)Setback (min, ft)Illumination Monument Located at primary entry drives to campus and medical buildings 20 175 5 Internal or external Note: The surface area of a wall shall be determined by measuring the building height and multiplying it by the length of the wall, without deduction for doors and windows. Table 5.4 Medical Structure Signs 755 57Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [5.05] SIGNAGE PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT (CONT’D) Non-medical Structure Signage A. Maximum signage for wall signs and freestanding signs is calculated by sign type, as provided in Table 5.5 below B. All other sign types permitted to follow Section 38.560.090 and 38.560.100 for Multi-tenant complexes. Table 5.5 Non-medical Structure Signs Wall SignSign Type Number Height (max., ft.)Sign Area per Sign (max., sf)Illumination Wall Sign 1 per street frontage based on sign area Smaller of 25% of wall area or 1.5 per linear foot of building frontage Internal or external Freestanding Monument Sign Type Number Height (max., ft.)Sign Area per Sign (max., sf)Setback (min, ft)Illumination Monument 1 per street frontage 8 32 5 Internal or external Wayfinding Signage Maximum signage is calculated by sign category as provided in Table 5.6 below. Table 5.6 Campus Wayfinding Signage Wayfinding SignageSign Type Number Height (max., ft.)Sign Area per Sign (max., sf)Setback (min, ft)Illumination Wayfinding 100 ft separation from other wayfinding signs 9 [1]40 May be located within the right-of-way or street-vision triangle, but must comply with standards of Sec. 38.560.070 Internal or external Notes:[1] Wayfinding sign height includes 2 ft. tall masonry base to improve durability. 756 58Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [5.06] SIGNAGE APPROVAL AND PERMITTED SIGN TYPES All exterior signage readily legible from the public right-of-way shall be required to obtain design approval in writing from Billings Clinic prior to submittal for sign permit. A sign permit must be obtained from the City of Bozeman Building Division for all signs requiring a signage permit prior to fabrication and erection of signs. 1. Tenants applying for signage approvals shall submit complete signage design drawings to Billings Clinic Leadership for approval prior to submitting plans to the City of Bozeman Building Department (See Section 6.01 regarding Design Review Process and Requirements). Drawings shall provide sufficient information to clearly understand signage location(s), size, assembly, materials, and lighting. 2. The following information shall be included in all signage approval submittals: • Elevation drawings: clearly indicate proposed signage on the building facade or entry drive for which it will be located. Provide dimensions indicating the size and location of the proposed signage. Drawings to include identification of materials, color schemes, and illumination. • Detail drawings: indicate sign fabrication technique, materials, illumination, and mounting system. • Material samples to be provided upon request of Billings Clinic Leadership. [5.07] SIGNAGE PERMIT EXEMPTIONS The following signs, items, and operations shall not require a sign permit, but shall be developed by or under full approval of Billings Clinic Leadership (See Section 6.01 regarding Design Review Process and Requirements). 1. Internal and integral signs. A. Signs not intended for view by or readily legible from the public right-of- way or adjacent residential, public, or civic districts or uses. B. Signs that are less than one square foot in area that are affixed to machines, equipment, fences, gates, walls, gasoline pumps, or utility cabinets. 3. Public signs. A. Official public signs approved by a governmental body with jurisdiction over issues such as traffic safety, pedestrian safety, schools, railroads, or public notice, as well as signs required by the Manual of Uniform Traffic Controls. B. Signs and notices required to be displayed, maintained, or posted by law or by any court or governmental order, rule, or regulation. C. Government signs and notices provided for the convenience and safety of the community. D. Bench signs. Bench signs on benches located on active, fixed bus routes, controlled or authorized by Streamline. The benches must be located on active, fixed routes. Signs shall be removed from or prohibited on benches located in prohibited sign locations or where the bench is not associated with an active, fixed route. [5.08] PROHIBITED SIGNS Prohibited signs in the Billings Clinic Bozeman Medical Campus shall follow Sec. 38.560.030. 757 59Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Chapter 6 Submittal Review Requirements [6.01] DESIGN REVIEW PROCESS AND REQUIREMENTS 1. Intent and Process The PUD property is owned by and will be developed by Billings Clinic. It is the intent that Billings Clinic Leadership, specifically the Vice President of Facility Services (or equal) on behalf of the CEO of Billings Clinic, will be the applicant on all planned development within the campus. If any future development phases are developed in partnership with other entities or sold to users who will improve those lots for their respective uses, Billings Clinic shall review development plans prior to any submittals to the City of Bozeman to ensure compliance with the PUD Master Plan and Development Guidelines. In addition to Billings Clinic review and approval, all proposed development is required to undergo City of Bozeman Department of Community Development review per the City of Bozeman Unified Development Code. Any applications to the City of Bozeman for Site Plan Review or Building Permit shall either include Billings Clinic as the applicant or shall include a letter of approval from Billings Clinic indicating compliance with the Master Site Plan and Development Guidelines. The intent of the Development Guidelines is to build upon and modify the Unified Development Code Article 5 standards to establish a framework to structure the campus character including access and circulation, sign system, building character and open space framework. The Development Guidelines are established and enforced by Billings Clinic. Except for those Development Guidelines required as a condition of PUD approval, the Development Guidelines shall not be binding upon Billings Clinic and shall not constitute in every event the basis for a recommendation of approval or disapproval of plans, specifications, or other materials submitted to Billings Clinic for review. Billings Clinic will be the interpreter of the Development Guidelines and their decisions in matters relating to the Development Guidelines shall be final. The Development Guidelines may be amended from time to time by Billings Clinic. However, if a guideline proposed for amendment was required as a condition of PUD approval the City of Bozeman must approve the amendment before it is effective. No improvements constructed in accordance with plans and specifications approved by Billings Clinic shall be required to be changed because such standards are thereafter amended. 758 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 60 LIST OF APPENDICES WETLAND AND WATERWAY Delineation Report (March 26, 2015) Wetland Delineation – Western Parcel (June 2020) Geotechnical Report Letter from HRDC’s Streamline acknowledging coordination for future transit service (May 2022) 759 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:UDC Project - Review and Advise Regarding the Update to the Unified Development Code, Chapter 38, Bozeman Municipal Code to Address Formatting and Structure, Application 21381 MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Receive presentation, discuss proposed alternatives, and provide direction to staff and consultants. 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 December 21, 2021, the City Commission adopted Resolution 5368 establishing priorities for the next two years. These City Commission priorities include adopting changes to the Unified Development Code to “facilitate increased housing density, housing affordability, climate action plan objectives, sustainable building practices, and a transparent, predictable and understandable development review process.” Chapter 38 of the Unified Development Code (UDC) includes the City's zoning, subdivision, and other land development standards. The UDC is used by a wide range of persons from occasional users to professionals and elected officials. The UDC Revision process (“the UDC Project”) will focus on implementing policy recommendations found in recently adopted plans including Bozeman Community Plan 2020, Climate Action Plan, Community Housing Action Plan, and the in-progress Parks, Recreation, and Active Transportation. The UDC project is focused on specific improvements, with direction to be completed by December 2023. Objectives for this project are: • Implementation of growth policy, climate action plan, housing action plan, and other adopted city plans. • Improving readability and usability of the code for infrequent users while maintaining legal soundness. 760 • Update and revisions to zoning district descriptions and options consistent with the growth policy. • Improve graphics To achieve this City Commission priority, the City has contracted with a consultant team. Following a national search and competitive selection process, Code Studio was selected. The Code Studio team brings decades of technical and practical experience to the project. Members of the consultant team and brief biographies will be provided. The City of Bozeman first adopted zoning in 1935. Since then, the City regularly updates regulations to address changing community needs, best practices, and to keep current with changes legal requirements. While a local government has wide latitude in determining its zoning program, the subdivision review process is strongly directed by state law and does not provide substantial local latitude. To help bridge this gap, the City adopted a unified development regulation approach in 2003 to coordinate across different review processes, reduce total regulation length, advance land use goals of the city, improve review effectiveness and efficiency, and facilitate compliance with state and federal requirements. This unified approach yielded Chapter 38 of the municipal code, the Unified Development Code. The UDC contains coordinated standards for land development and supports consistent treatment of projects, regardless of project type. Bozeman has been growing for many years and the recent COVID epidemic accelerated existing development trends and pushed urbanization forward faster than expected. The City officially passed the threshold to metropolitan status (that is, exceeded a population of 50,000) with the 2020 US Census. Growth and planning for the future is accomplished through policy documents with extensive public engagement and participation. The City adopted a new growth policy, the Bozeman Community Plan 2020, in November 2020. State law requires zoning ordinances to be "in accord" with the growth policy, and the Bozeman Community Plan 2020 includes direction for amendments to land development regulations. The City also recently adopted plans for climate action and housing, and an update to the parks plan is underway. The adoption of an updated growth policy and related plans established the policy direction for amendments to be implemented with these code updates. The UDC project allows the City to put the tools in place to take action on adopted policy; the project is not intended to create new policy or change the policy direction already established in adopted plans. Code provisions related to subdivisions were updated in fall 2021 to conform to state law changes and are not expected to materially change with this code update. The magnitude of the anticipated changes necessitates periodic input from 761 the Commission and public to ensure the project remains on course and timely. A series of focused work sessions are proposed at critical junctures in the process to gather information and confirm project direction. Each work session will focus on one element of policy implementation. The sequence of subjects will correlate and coordinate with ongoing work, with the added goal of identifying key elements early in the process and working efficiently. City Commission work sessions are below; dates are provided for those already in the Commission’s six-month schedule is. Tuesday, September 13th – Organization and Page Layout Tuesday, October 18th – Zoning Districts Tuesday, November 15th – Sustainability Tuesday, January 24th – Parking Tuesday, February 14th – Park Standards Tuesday, March 7th – Transportation The first work session focuses on the organization of subject matter, how graphics are integrated, and presentation of information to increase ease of use. Organization and presentation of information is the spine of an improved UDC. These topics are covered first to confirm direction on this foundational matter early in the project, and to prevent time consuming, costly, and unintended outcomes later in the process. The City will continue to use Municode to codify and present the municipal code to the public; the general look and feel within Municode is expected to remain the same for consistency across the entire municipal code. The vision of how the final UDC document will function and look drives several organization and formatting goals including: • Document is logically and intuitively put together • Articles are well organized and succinct • Material is easy to find and to reference • Similar material is located together • Duplication of material is limited • Document is engaging, easy to use, thoughtfully designed • Addition of graphics and images where possible • Removal of legalese, written in plain English • Designed for infrequent users • Keep the end user in mind The document will use active voice to identify appropriate actions and who does them. It will also use a minimum of technical language, although some technical language is required for consistency with other regulations. The overall structure and presentation will be oriented to the needs and understanding of the less infrequent user, who needs to find specific information quickly. The proposed code structure will use the ability of web hosted documents to link between portions of the document. This provides a ready ability to move from general to specific information as needed by the 762 user, rather than presenting an overwhelming amount of information at one time. On September 13, Code Studio will present to the Commission a review of the existing format and structure, suggest alternatives to advance the goals listed above, and will receive direction from the Commission. Future work sessions will follow a similar format. UNRESOLVED ISSUES:Commission will give direction on document structure and layout. ALTERNATIVES:As identified by the Commission FISCAL EFFECTS:Funds for this project are budgeted and appropriated. Report compiled on: September 6, 2022 763 Memorandum REPORT TO:City Commission FROM:Mike Veselik, Economic Development Program Manager Brit Fontenot, Economic Development Director Jeff Mihelich, City Manager SUBJECT:Legislative Priorities for the 68th (2023) Session of the Montana State Legislature MEETING DATE:September 13, 2022 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Provide direction to the City Manager for the creation of a legislative agenda for the City to advance during the 68th session of the Montana Legislature. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:Coming Soon UNRESOLVED ISSUES:Coming Soon ALTERNATIVES:Coming FISCAL EFFECTS:Coming Soon Attachments: City Commission--Legislative Priorities Draft Work Session.doc Legislative Priorities 2023.pdf Report compiled on: September 1, 2022 764 Page 1 of 2 MEMORANDUM REPORT TO:Bozeman City Commission FROM:Jeff Mihelich, City Manager Mike Veselik, Economic Development Program Manager RE:Draft 2023 Legislative Priorities Work Session MEETING DATE:September 13, 2022 AGENDA ITEM: Work Session RECOMMENDATION: Provide direction to the City Manager and staff regarding the priorities for the 68th Regular Session of the Montana Legislature. BACKGROUND: During the first week of January 2023, the Montana State Legislature will convene for its 68th session. The legislature meets on a biannual schedule for 90 days of legislative business. The State Constitution limits the legislature to 90 day sessions. During their 90-day session, the legislature will often move ideas to bills very quickly. City staff, elected officials, and our hired lobbyist must react quickly to these pieces of legislation. By adopting a legislative priorities document, the City Commission provides city staff and the city’s lobbyist with direction for advancing key issues at the Statehouse. The Legislative Core Team (LCT) collected policy priorities from each Director at the City of Bozeman. LCT members met individually with each Director to clarify their priorities. Further, the LCT refined the initial list to recommend a prioritization of the issues presented. Then, the City Manager and staff met individually with local legislators to identify possible champions for city issues and share staff’s initial draft with them. The priorities presented to you this evening reflect all the input gathered to date. City staff are asking the Commission two key questions. 1. Does the draft list of priorities accurately represent the City Commission’s policy priorities for the 68th session of the Montana Legislature? 2. Are there any additions, revisions, or other changes the Commission would make to the draft list of priorities? 765 Page 2 of 2 After receiving feedback from the Commission on the draft priorities, staff will finalize the priority list and produce a document similar to the 2021 priorities document to share with legislators, relevant stakeholders, and members of the public. Staff will return in October with the final draft and resolution for the Commission to adopt. Additionally, staff will also bring several priority documents from organizations such as the Montana League of Cities and Towns and the Montana Infrastructure Coalition for the City Commission to consider endorsing as well. 766 Key Priorities Page 1 Issue Title Staff and Department Plans Supporting the Goal Priority (1 is the highest, 5 the lowest) Brief Description Potential Partners Regulatory Authority to Circumvent Inclusionary Zoning to Require Affordable Housing Greg Sullivan, Legal 4.5 Transportation & Housing Choices 2 Use local regulatory powers to create requirements regarding affordable housing. This may be closely related to preserving annexation powers (see line 7). MT Housing Coalition Reauthorization of Coal Trust Fund Money for Affordable Housing David Fine, Renata Munfrada, Economic Development 4.5 Housing and Transportation Choices; 3.3 Friendly Community; 1 Reauthorize the allocation of Coal Trust Fund money for affordable housing projects in the State. MT Housing Coalition Expanding the LIHTC to Include/Make More Accessible for For-Sale LIHTC Housing David Fine, Renata Munfrada, Economic Development 3.3 Friendly Community; 4.5 Housing & Transportation Choices 1 Federal statures allow for LITHC on for sale properties; currently MT only uses on rental properties MLCT, MT Housing Coalition Circuit Breaker Bills Jeff Mihelich, City Manager Mike Veselik, Economic Development 4.5 Housing and Transportation Choices; 7.5 Funding and Delivery of Services 1 Bills that provide property tax relief to renters and those on fixed incomes especially when the property tax exceeds a certain amount League of Cities and Towns Montana Chamber of Commerce Economic Development Organizations Big 7 Infrastructure Bank for Affordable Housing David Fine, Renata Munfrada, Economic Development 3.3 Friendly Community; 4.5 Housing & Transportation Choices. 2.2 Infrastructure Choices; 4.1 Informed Conversation on Growth 1 Using Nevada program as an example, create an infrastructure bank to remove barriers to affordable housing. Issue bonds and create a revolving loan fund to be used in affordable housing projects for necessary infrastructure. MT Housing Coalition Hold Ground on Renewable Energy Natalie Meyer, Jon Henderson, Sustainability 6.3 Climate Action; Climate Plan 1 Watch for any bills introduced that will limit the ability for cities and other local governments to purusue renewable energy policy. MEIC Increase Cap on Net Metering Natalie Meyer, Jon Henderson, Sustainability 6.3 Climate Action; Climate Plan 2 Increasing the net metering cap would incentivize renewalbe energy; as well as returning energy to the grid for other users. MEIC Reduce EV Charging Tax Natalie Meyer, Jon Henderson, Sustainability 6.3 Climate Action; Climate Plan 2 Reducing the EV charging tax to encourage electric vehicles. MEIC Support Worker Protections in Colstrip Natalie Meyer, Jon Henderson, Sustainability 3 Acknowledging the limited interest for a new corporation to purchase the Colstrip coal mining facility, the City of Bozeman will support just transition initiatives to allow Colstrip works a fair opportunity at future jobs. MEIC, MLCT Make Cents for Montana (Local Option Sales Tax) Jeff Mihelich, City Manager Mike Veselik, Economic Development 2.2 Infrastructure Investments; 7.5 Funding & Delivery of City Services 1 Legislation allowing cities to propose a ballot measure to implement a Local Option Sales tax of no more than 3% tax on luxury items; the tax would be distributed to property tax relief (33%), a rural revenue fund (33%), and infrastructure/affordable housing (33%) League of Cities and Towns Montana Chamber of Commerce Economic Development Organizations Big 7 767 Key Priorities Page 2 Issue Title Staff and Department Plans Supporting the Goal Priority (1 is the highest, 5 the lowest) Brief Description Potential Partners Local Control Jeff Mihelich, City Manager 7.3 Best Practices 1 Preserve, Protect, and, if available, expand local control of government functions. The Bozeman City Commission fundamentally believes the local government which is closest to the people is the best representatives of the people. Furhter, local governments have the best pulse of the needs of their community and need utmost flexibility when responding to the needs of the community League of Cities and Towns 768 General Priorities Page 3 Issue Title Staff and Department Plans Supporting the Goal Priority (1 is the highest, 5 the lowest) Brief Description Potential Partners Adminstrative Final Plats Chris Saunders, Community Development 4.1 Informed Conversation on Growth; 7.3 Best Practices, Creativity & Foresight 1 Reveiwing final plats administratively rather than going through the City Commission. This will allow for a faster delivery of services and may potentially save money on aspects of development in Bozeman. SWMB Clean Up Language Related to Tobacco and Marijuana Use for Fire Fighters Josh Waldo, Fire; Cassie Tozer, HR; Greg Sullivan, Legal 7.2 - Employee Excellence 1 2019 Legislation needs to be cleaned up to address marijuana and nicotine. MT Leauge of Fire Chiefs Watch for Bills Related to Tax Increment Financing David Fine, Renata Munfrada, Economic Development 4.3 Strategic Infrastructure Choices; 4.4 Vibrant Downtown & District Centers; 2.2 Infrastructure Investements 1 Ensure the use of TIF stays intact for local municpalities. City to play supporting role. MLCT, SWMBIA Allow Utility Stacking in the Easement David Fine, Renata Munfrada, Economic Development 4.1 Informed Conversation on Growth; 4.2 High Quality Urban Approach 1 Stacking utilities in the same trench will allow for more density on sites particularly as the city creates more density in the downtown core--less space means more affordable units; good change for a legislature looking MT Housing Coalition, MT Assn of Planners Uncoupling Notice Requirements from Newspaper Chris Saunders, Community Development; Mike Maas, City Clerk 7.3 Best Practices, Creativity & Foresight 2 No longer requiring public notices be published in the newspaper, if the City is able to meet all other noticing requirements for time and access. SWMB, League of Cities and Towns Surtax on Non-Primary Residences Mike Veselik, Economic Development Strategic Plan--Goal 4.5 Transportation and Housing Choices; 2 Residences not owned by individuals who live in Montana receive a surtax of 3 mills to support a statewide affordable housing fund with revenue collected distributed to county or city governments. (Legality?) Montana Housing Coalition (?) Change Election Day Date for Special Elections Greg Sullivan, Legal 1.3 Public Agencies Collaboration; 7.3 Best Practices 2 Change elelction day date on special election years. MMCTIFOA Sick Leave in State Statute Cassie Tozer, HR 7.2 Employee Excelence 2 Allow municipal employees to use accrewed sick leave as need. Currently, municpal employees must wait 6 months to use sick leave. Public Employee Unions, MLCT Keep MT Flood Plain Mgmt Act in Place Brian Heaston, Engineering 3.1 Public Safety 2 Keep current prohibition of new builing in FEMA Flood Plains. League of Cities & Towns Opposition to Changes to Building Codes Chris Saunders, Community Development 3.1 Public Safety; 3.2 Health & Safety Action 2 Monitor legislation to protect municipalities' authority to create/enforce building code. MLCT Municipal Control of Signaling Systems on MDT highways in City Limits. Nick Ross, Engineering 3.1 Public Safety; 4.2 High Quality Urban Approach; 4.5 Housing and Transportation Choices 2 Allow municipalities the ability to manage signal systems on highways running through City Limits, specifically in regards to timing. Infrastructure Coalition Zombie Covenant David Fine, Renata Munfrada, Economic Development 4.1 Informed Conversation on Growth; 4.2 High Quality Urban Approach 2 Create rules for the sunsetting of covenants, epecially those in conflict with public policy if there is not an affirmative vote of a majority of owners MLCT Affordable, Quality Childcare Brit Fontenot, Jesse DiTommaso 2.1 Business Growth; 2.2 Infrastructure Investments; 2.3 Workforce Development; 5.3 Partnerships for Education and Learning 2 Support legislation that will create more affordable, high quality childcare for all Montanans; the average price of childcare is more than $9,000 per year per a child, this is $2,000 more a year than in-state tuition at MSU; Gallatin County is only meeting 48% of the need Childcare Connections Watch for Bills Allowing Library Boards to Control the Purchasing of Library Materials Susan Gregory, Library 5.1 Civic and Cultural Infrastructure; 3.3 Friendly Community; 2 Allowing library boards to determine the purchasing of materials puts the library under political control, potentially leading to censorship by the in- power political party of the region. Montana Library Assocaition Model Covenants at the State Level Chris Saunders, Community Development ; Greg Sullivan, Legal 4.1 Informed Conversation on Growth 3 Creation of model covenant language on the state level. Prohibit private property covenants that are in conflict with public policy. 769 General Priorities Page 4 Issue Title Staff and Department Plans Supporting the Goal Priority (1 is the highest, 5 the lowest) Brief Description Potential Partners Revisions to Growth Policy Statutes Chris Saunders, Community Development 4.1 Informed Conversation on Growth 3 From the Land Use Planning Group: Update state statutes to allow a growth plan to govern land use decisions (i.e. if no change to the zoning from the growth plan, make it easier for applications to be approved administratively). realtors, association of planners, league of cities and towns Using Historic Preservation Funds to Support Affordable Housing Sarah Rosenberg, Community Development 4.5 Transportation and Housing Choices; Community Plan; Affordable Housing Strategy 3 Support the creation of a grant program to assist with renovations to existing historic properties for basic infrastructure such as sewer lines, electrical, HVAC systems, etc in exchange for the housing remains affordable. Enhance tax credit program. Montana Housing Coalition, MT Assn of Planners, SHPO Change "Intimidation" Statute to Prevent Intimidation of Public Servants Jim Veltkamp, Police Strategic Plan 7.2-- Employee Excellence 3 Expand legal definition of "intimidation" to include stalking a public servant, communicating a threat to the public servant, or publishing the public servants or their family's personal information. MT Assocation of Chiefs of Police; Keep an Eye on MDT Bills Greg Sullivan, Legal 1.3 Public Agencies Collaboration 3 Beware of statutory reform to urban design collaboration requirements. MT Assn of Planners Maintain Ability to Make Municipal Rules in the Fire Code Josh Waldo, Fire 3.1 Public Safety 3 Maintain local authority to make and enforce rules related to municpal fire code. League of Cities & Towns Remove Requirement of Elected Officials to Authorize the Destruction of Records Mike Maas, City Clerk 7.3 Best Practices, Creativity & Foresight 3 Currently the City Clerk sends a destruction request to the Montana Historical Society and the Secretary of State's Office. Once approval on the state level is compelte, the elected officials must authroize the destruction. This request would be to eliminate the need to go to the municipal elected officials MMCTFOA Increase Value in Cash- in-Lieu Parkland Calculation Mitch Overton, Parks and Recreation; Chris Saunders, Community Development 7.5 Funding and delivery of city services; 3.4 Active recreation; 6.5 Parks, trails and open spaces 3 Increase value in cash-in-lieu parkland calculation to reflect the higher value of land. Park Directors of Billings, Missoula, Great Falls, White Fish, Kalispell, Butte (maybe) Increase State Aid to Librares Susan Gregory, Library 5.1 Civic and Cultural Infrastructure; 3.3 Friendly Community; 7.5 Funding and Delivery of City Services 3 Increase state aid to libraries from $.40/per capita to $.50/per capita Montana Library Assocaition Street Impact Fee Alignment w/ SID RLF State law re: balance in excess of use Finance 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.4 Align Street Impact Fee with State Law Revolving Funds for SIDs (MCA 7- 12-4222 (a) & 7-12-4169(2)) allowing access to fund balances within limited uses. Other cities with large Capital Improvement needs that can not access Impact Fees. State Allowance for Digital Notarization Mike Maas, City Clerk 7.3 Best Practices, Creativity & Foresight 4 There are programs through the Secretary of State's Office to aquire a digital notary certificate. They are not explicitly allowed by the state. The City Clerk must notarize all easements and other land use documents that go to othe Clerk and Recorders Office. Allowing for a digital notariziation process would speed up the City's ability to process and record documents. MMCTFOA 770 General Priorities Page 5 Issue Title Staff and Department Plans Supporting the Goal Priority (1 is the highest, 5 the lowest) Brief Description Potential Partners Support DEQ delegating review for extensions or alternations of existing public water and sewer systems that involve 50 or fewere connections to the local entitiy Brian Heaston, Engineering; Nick Ross, Engineering 4.1 Informed Conversation on Growth; 4.2 High Quality Urban Approach; 4.3 Strategic Infrastructure Choices;2.2 Infrastructure Investements 7/11: League of Cities & Towns email: We received the draft contract under which DEQ will delegate review for extensions or alterations of existing public water and sewer systems that involve 50 or fewer connections to the local entity. I have made some general comments/questions in the document based on our negotiations with MDT and also a few direct edits. I think this is pretty close. We have a meeting scheduled with DEQ to finalize the contract and discuss any issues MT League of Cities & Towns Amend MCA 75-6- 121(1)(b) to remove the 50 connection cap Brian Heaston, Engineering; Nick Ross, Engineering 4.1 Informed Conversation on Growth; 4.2 High Quality Urban Approach; 4.3 Strategic Infrastructure Choices;2.2 Infrastructure Investements 75-6-121 (1)(b)Currently reads: Delegation of review of small public water and sewer construction. (1) If a local government requests a delegation and the appropriate division of the local government has established satisfactory review programs, the department may delegate to the division of local government review of: (a) small public water and sewer systems; and (b) extensions or alterations of existing public water and sewer systems that involve 50 or fewer connections. MT League of Cities & Towns Keep Big Sky Trust Fund Intact Brit Fontenot, Economic Development 2.1 Business Growth; 2.3 Workfoce Development Ensure the funds used for the Big Sky Trust Fund jobs creation program stay intact. MEDA Expand Big Sky Trust Fund for 21st Century Jobs Brit Fontenot, Economic Development 2.1 Business Growth; 2.3 Workfoce Development The Big Sky Trust Fund primarily serves job creation in the manufacturing sector; expanding the use of Big Sky Trust Fund for STEM jobs Increase Film Tax Credit Brit Fontenot, Economic Developoment 2.1 Business Growth; 2.3 Workfoce Development Increase the Film Tax Credit. Montana Film Office Support Additional Funding for Gallatin College Brit Fontenot, Economic Development 1.3 Public Agencies Collaboration; 2.1 Business Growth; 2.3 Workfoce Development; 5.3 Partnerships for Education and Learning Gallatin College will be asking for additional funding for a builidng trades facility next to their current campus. This will allow for Gallatin College to be more centralized and deliver more comprehsive programming. Support Broadband Brit Fontenot, Economic Development 2.1 Business Growth; 2.2 Infrastructure Investements; 2.3 Workfoce Development Support iniatives for the expansion of broadband in Montana Support Angel Investing Brit Fontenot, Economic Development 2.1 Business Growth; 2.3 Workfoce Development Support iniatives for angel investing in Montana. Support Inclusive City Values Jeff Mihelich, City Management 3.3 Friendly Community; 5.1 Civic and Cultural Infrastructure; 771 Watch List Page 6 Issue Title Staff and Department Plans Supporting the Goal Priority (1 is the highest, 5 the lowest) Brief Description Potential Partners Authorizing the City Manager to Accept Easements on Behalf of City Chris Saunders, Community Development 4.1 Informed Conversation on Growth; 7.3 Best Practices, Creativity & Foresight 2 Currently easements go through the consent agenda. If final plats can be adminstratively reviewed, then the next logical step is allow the City Manager to accept easements (without going through the City Commission). SWMB Increasing Units on a Lot by Right Chris Saunders, Community Development Strategic Plan--Goal 4.5 Transportation and Housing Choices: Community Plan 2 Allowing up to five dwellings on a single lot by right; six or more dwellings would require an administrative review established by the local government; Bozeman code already allows multiple units on a lot as long as the units meet all applicable standards for building codes, sanitation services, etc. MTLCT's Land Use Planning Group Keep MT Flood Plain Mgmt Act in Place Brian Heaston, Engineering 3.1 Public Safety 2 Keep current prohibition of new builing in FEMA Flood Plains. League of Cities & Towns Clarificaiton on Remote Participation in City Processes Mike Maas, City Clerk 7.3 Best Practices, Creativity & Foresight 2 Allowing remote particpation in public processes on the state level. Specifically allowing remote particpation on bid openings. MMCTFOA Special Districts Mitch Overton, Parks and Recreation 7.5 Funding and delivery of city services; 3.4 Active recreation; 6.5 Parks, trails and open 2 Watch for bills regarding eliminating or sunsetting special improvement districts. Parks Director of Billings, Kalispell; MLCT SID Overhaul (for 2025 session) Greg Sullivan, Legal 4.1 Informed Conversationon Growth 4 SID overhaul (2025 session item) MLCT Assign Unsworn Special Services Officers to Courts Position Jim Veltkamp, Police Strategic Plan 7.3--Best Practices 3 Allow non-sworn "special services" officers to provide security in Municipal Courts, rather than just sworn peace officers. Many municipalities are already doing this.MT Assocation of Chiefs of Police; Maintain Ability to Make Municipal Rules in the Fire Code Josh Waldo, Fire 3.1 Public Safety 3 Maintain local authority to make and enforce rules related to municpal fire code. League of Cities & Towns Watch for Bills related to Title 85 Brian Heaston, Engineering 6.1 Clean Water Supplies; 3 Title 85 = Water use act, exempt well statute lives here League of Cities & Towns Watch for Bills related to Title 76 Brian Heaston, Engineering 6.1 Clean Water Supplies; 4.3 Strategic Infrastucture Choices 3 Title 76 = Land resource & use League of Cities & Towns Watch for Bills related to Title 75 Brian Heaston, Engineering 6.3 Climate Action 3 Title 75 = Enviornmental protections League of Cities & Towns Watch for Bills related to Title 70 Brian Heaston, Engineering 6.3 Climate Action; 4.3 Strategic Infrastructure Choices 3 Title 70 is related to property and easement statutes. Watch for all bills related to ditch easements League of Cities & Towns Renew State Aid to Libraries Susan Gregory, Library 5.1 Civic and Cultural Infrastructure; 3.3 Friendly Community; 3 Renew legislative appropriation of state-aid to libraries Montana Library Assocaition Funding for Public Defenders Greg Sullivan, Legal 7.5 Funding and Delivery of City Services 3 Monitor Criminal Justice Legislation to ensure Allowing Regional Fire Authority Josh Waldo, Fire 1.3 Public Agencies Collaboration; 3.1 Public Safety 4 Allowing a regional fire authority - currently volunteer fire stations serving surrounding rural and unincorporated areas; however City fire is often the first on the scene. This legislation could allow for a regional fire authority to be established in Montana in order to pool resources and provide a higher level of service for surrounding rural areas. MT Leauge of Fire Chiefs Combining Zoning / Planning Review Chris Saunders, Community Development 4.1 Informed Conversation on Growth; 7.3 Best Practices, Creativity & Foresight 5 Combining hearings for zoning commission and planning board - City has sort of solved this with board consolidation. SWMB 772 Watch List Page 7 Issue Title Staff and Department Plans Supporting the Goal Priority (1 is the highest, 5 the lowest) Brief Description Potential Partners Automated Enforcement of Traffic Stafey Laws Nick Ross, Engineering 3.1 Public Safety; 7.5 Funding and Delivery of city services 5 Allow for automated enforcement of traffic safety laws such as speeding or parking enforcement. Infrastructure Coalition Watch for Any Bill Addressing EPA Disapproval of SB358 Brian Heaston, Engineering 6.1 Clean Water Supplies SB358 from the '21 session. Nutrient water quality legislation League of Cities & Towns 773